New media law under fire

International human rights and journalist organisations have criticised the recent passing by the Kenyan parliament of a new media law under which publishing fees for newspapers will be substantially increased. They described it as an attempt by the government to "handicap" the media economically, and to severely "muzzle" the press, ahead of the critical presidential and parliamentary elections due to take place later this year.

The new law, passed on 8 May, is an amendment to the Books and Newspapers Act, and it raises the cost of the libel insurance bond from US $128 to about $12,800. It also requires publishers to submit two copies of each of their publications to the attorney-general's office before selling any other copy. It provides for vendors and distributors who fail to establish whether the publishers have complied with the registration requirements to be fined up to $256 or face three years of imprisonment, or both. However, the law now awaits presidential assent before coming into force.

The New York-based Reporters Without Borders on Monday described the law as "repressive" and as representing a "clear threat" to media diversity in Kenya. It urged President Daniel arap Moi to ask his government to drop it. "It naturally discriminates in favour of richer newspapers, and introduces an ambience of intimidation at all levels of production," Robert Menard, the RSF secretary-general, said in a statement released on Monday.

Human Rights Watch (HRW), also based in New York, said in a statement released on 10 May that the law would significantly curb press freedom during this year's crucial elections, following which Moi is expected to retire. HRW urged Moi not to sign it. It said the law "appears to be designed to mute public criticism in the run-up to national elections".

Peter Tukirambude, who heads HRW's Africa division, noted in the statement that the law contradicted the provisions for freedom of expression enshrined in international instruments and in Kenya's own constitution. According to him, the existing Kenyan media law has already "constricted" publishers by requiring them to register with the government, pay libel insurance and submit copies of every publication to the government registrar.

"This [new] measure could muzzle the press in a critical election year. Freedom of expression has never been more important in Kenya," Tukirambude said.

The controversial bill was initially introduced in parliament late last year, as a means of curbing the proliferation of the so-called "gutter press", often accused of publishing false and scandalous articles about politicians. However, the government withdrew it following expressions of outrage from the Kenya Union of Journalists, as well as other local media organisations and human rights groups, describing the bill as "draconian and unworkable". The attorney-general, however, reintroduced it in parliament in April.

Local journalists, who recently took to the streets to protest against the bill, and media proprietors insist that they can regulate the media on their own, and have already drafted a code of ethics for journalists practising in the country.

Human rights and media organisations in Kenya have expressed fears that the measure to raise fees for publishers will have severe implications for the media, particularly in libel and defamation cases against newspapers and bookshops. In cases of this kind, senior government officials have already been awarded record damages in court. "The freedom of the media is certainly on its way out," a political commentator said in the East African Standard, in a commentary entitled "Parliament gags itself as it takes away freedom of expression".

The International Federation of Journalists (IJF), the world's largest grouping of journalists, on 10 May expressed strong concern over the "shocking amendments made to sections [of the law] affecting the media", and also urged president Moi to deny it presidential assent. "This law is repressive regulation that is potentially seriously damaging to press freedom," Aidan White, the general secretary of the Brussels-based IFJ, was quoted by local media as saying.

However, Moi said he would soon sign the law in order to curb "irresponsible journalism", local media reported on Tuesday. Moi said the new law would prevent media houses from publishing unverified reports, according to the Daily Nation.