The Media Council Act of Kenya establishes the Media Council of Kenya, aligning with Article 34(5) of the Kenyan Constitution. The Functions of the Media Council of Kenya. This Act outlines the Council’s functions and grants it the legal status of a corporate body with continuous existence and a common seal. In its corporate capacity, the Council has the authority to:
- Engage in litigation as plaintiff or defendant.
- Acquire, hold, encumber, and dispose of movable and immovable property.
- Enter into contractual agreements.
- Conduct any other activities or acts deemed necessary for fulfilling its roles under the Media Council Act, consistent with the powers of a corporate entity.
The Council’s main office is located in Nairobi, although it has the flexibility to establish additional offices wherever necessary to facilitate its operations effectively.
The Media Council of Kenya is tasked with several key functions, including:
- Promoting and safeguarding the autonomy and freedom of the media.
- Setting standards for journalists, media practitioners, and media enterprises.
- Protecting the rights and privileges of journalists during their professional duties.
- Encouraging ethical conduct and professional standards among journalists and media entities.
- Providing advice to the government or relevant regulatory bodies on matters related to the professional, educational, and training needs of journalists and media practitioners.
- Establishing criteria for the professional education and training of journalists, in collaboration with pertinent educational institutions.
- Developing and enforcing ethical and disciplinary standards for journalists, media practitioners, and media enterprises.
- Accrediting journalists, including those from abroad, by verifying their qualifications and credibility, and maintaining a comprehensive register of journalists and media enterprises.
- Conducting annual evaluations of media performance and public opinion, with the results published in national newspapers.
- Presenting reports on its activities to Parliament through the Cabinet Secretary responsible for media matters.
- Setting media standards and overseeing adherence to these standards.
- Mediating disputes involving the government and the media, as well as between the public and the media, and within the media sector itself.
- Compiling and updating a registry of accredited journalists, foreign journalists, and media enterprises.
- Approving educational institutions’ applications for offering journalism courses, in accordance with existing laws.
- Undertaking any additional responsibilities as stipulated by law.
In fulfilling its responsibilities under the Media Council Act, the Council and all applicable individuals must ensure the following:
- Adherence to Article 33(2) of the Kenyan Constitution, protecting freedom of expression while respecting the rights of others and prohibiting propaganda for war, incitement to violence, hate speech, or advocacy of hatred.
- The exercise of media freedom and independence respects the rights and reputations of others, balancing free expression with responsibility.
- The safeguarding of national security, public order, public health, and public morals, ensuring that media activities do not compromise these areas.
- Compliance with all other relevant written laws, ensuring that media operations align with the broader legal framework of the country.
