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FREEDOM OF THE PRESS 
SCC 120 WEEK 3
INTRODUCTION 
Freedom of the press is the freedom of 
communication and expression through 
media. 
While such freedom mostly implies the 
absence of interference from an 
overreaching state, its preservation may 
be sought through constitutional or other 
legal protections. 
Any government may distinguish which 
materials are public or protected from 
disclosure to the public.
This is based on classification of 
information as sensitive, classified or 
secret. 
This means it is protected from disclosure 
due to relevance of the information to 
protecting the national interest. 
Many governments are also subject to 
freedom of information legislation that 
are used to define the range of national 
interest.
DECLARATION OF HUMAN RIGHTS 
"Everyone has the right to freedom of 
opinion and expression; this right includes 
freedom to hold opinions without 
interference, and impart information and 
ideas through any media regardless of 
frontiers"
UNESCO PERSPECTIVE 
UNESCO promotes freedom of 
expression and freedom of the press as 
a basic human right, through lobbying 
and monitoring activities. 
It highlights media independence and 
pluralism as fundamental to the 
process of democracy.
It does this by providing advisory services 
on media legislation and by making 
governments, parliamentarians and other 
decision-makers aware of the need to 
guarantee free expression. 
Other major UNESCO activities in this field 
include the proclamation in 1993 by the 
United Nations General Assembly of a 
World Press Freedom Day to be 
celebrated on May 3rd. 
UNESCO established an advisory group 
on press freedom which includes media 
professionals from all parts of the world.
Also established in 1997 was the 
UNESCO/Guillermo Cano World Press 
Freedom Prize. 
UNESCO supports independent media in 
zones of conflict to enable them to play 
an active role in conflict prevention and 
resolution and the transition towards a 
culture of peace.
2013 ELECTIONS IN KENYA 
While Kenya's vote was peaceful, new 
challenges are arising for the press. 
Local journalists say many censor their 
own coverage, while international 
reporters run into confusion over how to 
get accredited. 
A plan to legislate against hate speech 
worries freedom of expression advocates.
Tensions between international journalists 
and Kenyans--including local journalists, 
Internet users, and authorities--rose early 
in the campaign. 
CNN in particular was harshly criticized for 
a report on an armed militia deemed 
overblown and incendiary (CNN stood by 
the story, according to news reports). 
Weary of a repeatedly tarnished image 
and fearful of irresponsible coverage 
inciting tensions in 2007, Kenyans lashed 
out at international journalists in the local 
press and on social media.
On March 13 2013, the Director of 
Information Joseph Owiti warned that the 
government might use security forces to 
deport foreign journalists without proper 
accreditation.
MEDIA ACCREDITATION IN KENYA 
In accordance to sections 4(k), 13(2), 
19(1) and 36 of the Media Act 2007, the 
Media Council of Kenya undertakes 
Annual Accreditation of journalists 
practicing in Kenya. 
This is done for purposes of compiling and 
maintaining a register of journalists, media 
practitioners, media enterprises and 
media training institutions in Kenya.
ACCREDITATION FEES 
Local Journalist: Ksh 2,000 
Foreign Journalist: Ksh 10,000 
Foreign Journalist (3 Months): Ksh 5,000 
Student: Ksh 300
"The Department of Information is currently 
the organization that is charged with the 
responsibility of accrediting international 
journalists wishing to work in this country so if 
they don't have it then they should not be 
here" - Owiti. 
Information Permanent Secretary Bitange 
Ndemo, had formerly criticized the 
international press for alleged negative and 
false reporting. 
Ndemo told reporters that the Media Act is 
"under review“.
For the time being foreign 
correspondents must seek accreditation 
through the Department of Information 
due to immigration and security issues. 
The Media Council disagreed. 
"We issued over 50 press cards to foreign 
journalists and had no problem with this 
as long as they provide evidence of legal 
authority to be in Kenya and valid 
testimonials of their career as journalists,“ 
- Council Chief Executive Haron Mwangi.
An editorial in the Nation, backed the 
Council: "In the first instance, the Ministry 
of Information and Communications 
(which houses the Department of 
Information) has absolutely no legal 
mandate to issue press cards. 
Press accreditation for both local and 
foreign journalists is handled by the 
Media Council of Kenya. 
If the ministry has been issuing any press 
cards to journalists, it has been doing so in 
assumed exercise of powers it does not 
legally possess."
SELF CENSORSHIP Kiprono Kittony, the chairman of the 
Media Owners' Association, said the 
press did a "fantastic job" of keeping 
the public informed without 
compromising peace and security. 
Many journalists expressed frustration 
saying the local media strongly self-censored.
One reporter, who asked not to be 
identified for fear of reprisal, said editors 
culled stories even when there was no 
apparent likelihood of incitement. 
"We were either censored or bribed into 
silence,“ 
After presidential candidate Raila Odinga 
claimed the election results were rigged and 
filed a petition with the Supreme Court, he 
accused the local press of ignoring his 
party's concerns. 
"Kenyan media was so scared of triggering 
violence with their stories they folded up,“ - 
Standard photojournalist George 
Mwangangi
"They became a mouthpiece for IEBC 
[Independent Electoral Boundaries 
Commission], when the tallying process 
changed from electronic to manual to I 
don't know what with glaringly obvious 
flaws...no one spoke...egged on by the 
politicians who had [a] stake in our 
silence."
SAFETY 
The price paid by journalists is becoming 
heavier. 
After respect has been paid to the 
victims for their courage, increasingly 
urgent questions emerge. 
How to protect the right of all citizens to 
reliable information and the right of 
journalists to provide this information 
without fearing for their safety?
Have the countries, the international 
organizations, and media institutions put 
in place all possible means to limit the 
risks incurred by journalists? 
In the past 10 years, more than 500 
journalists have been killed, the majority 
of them are not war correspondents. 
They are not dying in crossfire, but rather 
by being hunted down and murdered, 
often in direct reprisal for their reporting.
Indeed, the majority of these attacks did 
not occur during situations of active 
conflict. 
They were often perpetrated by police, 
security personnel and militia as well as by 
non-state actors such as organized crime 
groups. 
Hence, local journalists are the most 
vulnerable.
KTN REPORTER THREATENED 
Nairobi, September 5, 2013--A TV 
journalist received death threats twice. 
This followed his coverage of wrongdoing 
at a hospital in the western Kenyan town 
of Bungoma. 
Robert Wanyoni, obtained footage of a 
pregnant woman giving birth on the floor 
of the Bungoma District Hospital.
The footage was taken on August 9 by 
another pregnant woman. 
The video, which aired on KTN on 
September 3, shows the woman giving 
birth on the floor, followed by nurses 
scolding her and even slapping her. 
The same day the story aired, Wanyoni 
said he received an anonymous call 
warning him to vacate the town or "we 
will send you to the grave,". 
At 5 a.m. the next morning, he said he 
received a similar threat.
ISSUES TO BE ADDRESSED 
Can reporters be efficiently prepared, 
and by whom, to face the dangers? 
Attacks on journalists include murder, 
abductions, hostage-taking, harassment, 
intimidation, and the illegal arrest and 
detention of journalists, media 
professionals and associated personnel 
as a result of their professional activities.
Most abuses against journalists and 
media workers remain not investigated 
and unpunished. 
The failure to bring perpetrators of crimes 
to justice leads to impunity that 
perpetuates the cycle of violence 
against journalists, including community 
media workers and citizen journalists. 
The curtailment of their journalistic 
contribution deprives society as a whole 
since they lack information to fully realize 
their potential. 
This results in a wider impact on press 
freedom where a climate of intimidation
Guaranteeing media professionals the 
right to work free from the threat of 
violence is essential for the full 
implementation of the right to freedom of 
opinion and expression. 
 It is a duty of the State and of society to 
create and maintain the conditions 
needed for these fundamental human 
rights to be enjoyed by all.
REFLECTION PAPER 
Working on some types of news stories 
may put your life at risk. 
You can be working in a war zone or 
reporting a story exposing a high 
powered member of society. 
Alternatively, you can work on ‘safe’ 
stories like ‘Duracoat launches new paint 
color’. 
Do you have any work related fears of 
being a journalist? Why is this so?

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Week 4 freedom of press

  • 1. FREEDOM OF THE PRESS SCC 120 WEEK 3
  • 2.
  • 3. INTRODUCTION Freedom of the press is the freedom of communication and expression through media. While such freedom mostly implies the absence of interference from an overreaching state, its preservation may be sought through constitutional or other legal protections. Any government may distinguish which materials are public or protected from disclosure to the public.
  • 4. This is based on classification of information as sensitive, classified or secret. This means it is protected from disclosure due to relevance of the information to protecting the national interest. Many governments are also subject to freedom of information legislation that are used to define the range of national interest.
  • 5. DECLARATION OF HUMAN RIGHTS "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers"
  • 6. UNESCO PERSPECTIVE UNESCO promotes freedom of expression and freedom of the press as a basic human right, through lobbying and monitoring activities. It highlights media independence and pluralism as fundamental to the process of democracy.
  • 7. It does this by providing advisory services on media legislation and by making governments, parliamentarians and other decision-makers aware of the need to guarantee free expression. Other major UNESCO activities in this field include the proclamation in 1993 by the United Nations General Assembly of a World Press Freedom Day to be celebrated on May 3rd. UNESCO established an advisory group on press freedom which includes media professionals from all parts of the world.
  • 8. Also established in 1997 was the UNESCO/Guillermo Cano World Press Freedom Prize. UNESCO supports independent media in zones of conflict to enable them to play an active role in conflict prevention and resolution and the transition towards a culture of peace.
  • 9. 2013 ELECTIONS IN KENYA While Kenya's vote was peaceful, new challenges are arising for the press. Local journalists say many censor their own coverage, while international reporters run into confusion over how to get accredited. A plan to legislate against hate speech worries freedom of expression advocates.
  • 10. Tensions between international journalists and Kenyans--including local journalists, Internet users, and authorities--rose early in the campaign. CNN in particular was harshly criticized for a report on an armed militia deemed overblown and incendiary (CNN stood by the story, according to news reports). Weary of a repeatedly tarnished image and fearful of irresponsible coverage inciting tensions in 2007, Kenyans lashed out at international journalists in the local press and on social media.
  • 11. On March 13 2013, the Director of Information Joseph Owiti warned that the government might use security forces to deport foreign journalists without proper accreditation.
  • 12. MEDIA ACCREDITATION IN KENYA In accordance to sections 4(k), 13(2), 19(1) and 36 of the Media Act 2007, the Media Council of Kenya undertakes Annual Accreditation of journalists practicing in Kenya. This is done for purposes of compiling and maintaining a register of journalists, media practitioners, media enterprises and media training institutions in Kenya.
  • 13. ACCREDITATION FEES Local Journalist: Ksh 2,000 Foreign Journalist: Ksh 10,000 Foreign Journalist (3 Months): Ksh 5,000 Student: Ksh 300
  • 14. "The Department of Information is currently the organization that is charged with the responsibility of accrediting international journalists wishing to work in this country so if they don't have it then they should not be here" - Owiti. Information Permanent Secretary Bitange Ndemo, had formerly criticized the international press for alleged negative and false reporting. Ndemo told reporters that the Media Act is "under review“.
  • 15. For the time being foreign correspondents must seek accreditation through the Department of Information due to immigration and security issues. The Media Council disagreed. "We issued over 50 press cards to foreign journalists and had no problem with this as long as they provide evidence of legal authority to be in Kenya and valid testimonials of their career as journalists,“ - Council Chief Executive Haron Mwangi.
  • 16. An editorial in the Nation, backed the Council: "In the first instance, the Ministry of Information and Communications (which houses the Department of Information) has absolutely no legal mandate to issue press cards. Press accreditation for both local and foreign journalists is handled by the Media Council of Kenya. If the ministry has been issuing any press cards to journalists, it has been doing so in assumed exercise of powers it does not legally possess."
  • 17. SELF CENSORSHIP Kiprono Kittony, the chairman of the Media Owners' Association, said the press did a "fantastic job" of keeping the public informed without compromising peace and security. Many journalists expressed frustration saying the local media strongly self-censored.
  • 18. One reporter, who asked not to be identified for fear of reprisal, said editors culled stories even when there was no apparent likelihood of incitement. "We were either censored or bribed into silence,“ After presidential candidate Raila Odinga claimed the election results were rigged and filed a petition with the Supreme Court, he accused the local press of ignoring his party's concerns. "Kenyan media was so scared of triggering violence with their stories they folded up,“ - Standard photojournalist George Mwangangi
  • 19. "They became a mouthpiece for IEBC [Independent Electoral Boundaries Commission], when the tallying process changed from electronic to manual to I don't know what with glaringly obvious flaws...no one spoke...egged on by the politicians who had [a] stake in our silence."
  • 20. SAFETY The price paid by journalists is becoming heavier. After respect has been paid to the victims for their courage, increasingly urgent questions emerge. How to protect the right of all citizens to reliable information and the right of journalists to provide this information without fearing for their safety?
  • 21. Have the countries, the international organizations, and media institutions put in place all possible means to limit the risks incurred by journalists? In the past 10 years, more than 500 journalists have been killed, the majority of them are not war correspondents. They are not dying in crossfire, but rather by being hunted down and murdered, often in direct reprisal for their reporting.
  • 22. Indeed, the majority of these attacks did not occur during situations of active conflict. They were often perpetrated by police, security personnel and militia as well as by non-state actors such as organized crime groups. Hence, local journalists are the most vulnerable.
  • 23. KTN REPORTER THREATENED Nairobi, September 5, 2013--A TV journalist received death threats twice. This followed his coverage of wrongdoing at a hospital in the western Kenyan town of Bungoma. Robert Wanyoni, obtained footage of a pregnant woman giving birth on the floor of the Bungoma District Hospital.
  • 24. The footage was taken on August 9 by another pregnant woman. The video, which aired on KTN on September 3, shows the woman giving birth on the floor, followed by nurses scolding her and even slapping her. The same day the story aired, Wanyoni said he received an anonymous call warning him to vacate the town or "we will send you to the grave,". At 5 a.m. the next morning, he said he received a similar threat.
  • 25. ISSUES TO BE ADDRESSED Can reporters be efficiently prepared, and by whom, to face the dangers? Attacks on journalists include murder, abductions, hostage-taking, harassment, intimidation, and the illegal arrest and detention of journalists, media professionals and associated personnel as a result of their professional activities.
  • 26. Most abuses against journalists and media workers remain not investigated and unpunished. The failure to bring perpetrators of crimes to justice leads to impunity that perpetuates the cycle of violence against journalists, including community media workers and citizen journalists. The curtailment of their journalistic contribution deprives society as a whole since they lack information to fully realize their potential. This results in a wider impact on press freedom where a climate of intimidation
  • 27. Guaranteeing media professionals the right to work free from the threat of violence is essential for the full implementation of the right to freedom of opinion and expression.  It is a duty of the State and of society to create and maintain the conditions needed for these fundamental human rights to be enjoyed by all.
  • 28.
  • 29. REFLECTION PAPER Working on some types of news stories may put your life at risk. You can be working in a war zone or reporting a story exposing a high powered member of society. Alternatively, you can work on ‘safe’ stories like ‘Duracoat launches new paint color’. Do you have any work related fears of being a journalist? Why is this so?