Broadcast Media in Kenya: The Role of CA as
a Regulator
Induction Training for new employees 27th January, 2016
Who is CA?
•
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•
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The Communications Authority of Kenya (CA), (formerly CCK)
was set up in 1999 to regulate ICT services.
CA’s mandate spans through the broadcasting, multimedia,
telecommunications, e-commerce, postal and courier services.
Our mandate includes managing Kenya’s frequency and
numbering resources, facilitating a level playing field in the ICT
industry as well as protecting the interests of consumers of ICT
services.
As currently constituted, CA is independent of control by
political, government and commercial interests.
Who is CA?
Our Vision
Access to and use of information and
communications services by all in Kenya by 2018.
Our Mission
Facilitate the transformation of lives through
progressive regulation of the information and
communication technology sector.
Contents
Why regulate broadcasting
CA’s role in broadcasting
Broadcasting services overview
Current broadcasting status
Digital Terrestrial Television (DTT) platform
Programming Code and Complaint Handling Procedure
Highlights of the Programming Code
Local content initiatives
Main challenge
Why Regulate Broadcasting?
Interest of
minors
Public interest
Facilitate local
programmes;
Diversity and
plurality of
views;
right to privacy
of all persons
Fair
competition
investment in
the
broadcasting
industry
Laws Regulating Media In Kenya
• Laws governing the media (mainstream media, vernacular media,
community media and even new media such as SMS messages and
blogs)in Kenya exist in different sections of civil and criminal laws.
• The relevant sections of the Statutory Law of Kenya include: The
Defamation Act, Cap 36; The Penal Code, Cap 63; The Books and
Newspapers Act, Cap 111; Copyright Act, Cap 130; Preservation of
Public Security Act, Cap 57; Public Order Act, Cap 56; Film and Stage
Plays Act, Cap 222 (1962); Kenya ICT Act of 2007; KICA Act, the
Media Act, 2007, among others.
• The Constitution is the supreme law.
Main Laws Regulating Media In Kenya
•ICT Policy 2006: Provides a rational and comprehensive framework
to govern the establishment, ownership, control, management and
delivery of information, entertainment and educational services to
Kenyans through provision of efficient and reliable broadcasting.
•KICA (A) 2013 Part IVA: Gives the Authority the mandate to license
and regulate the broadcasting sector in Kenya.
•Media Act: Chapter 411B provides for the establishment of the
Media Council of Kenya; for the conduct and discipline of journalists
and the media; for the self regulation of the media and for connected
purposes.
CA’s Role in Broadcasting
Licensing broadcasting operations
Developing programming standards
Monitoring compliance with
Programming Code
CA’s Role in Broadcasting
Broadcasting Regulations, 2009
License Conditions
Programming Code
Complaints Handling Procedure
Broadcasting services overview
Public TV and Radio Broadcasting Services
Commercial Free-to-air TV and Radio
Community Free-to-air Radio
Terrestrial Subscription Broadcasting
Satellite Subscription Broadcasting
Cable Subscription Broadcasting
Broadcasting Licensing Framework
1) Spectrum Based Licenses
License category
Duration (years)
Application fees
(KSHs)
Initial license
fees (KSHs)
Annual Operation- fees (KSHs)
1. 1 Public Radio BS (noncommercial)
5
5,000
50,000
50,000
1.2. Public TV BS
(non-commercial)
7
5,000
100,000
100,000
2.1. Public Radio BS
(commercial)
5
10,000
100,000
0.5% 0f annual gross turnover or
100,000 whichever is higher
2.2. Public TV BS
(commercial)
7
10,000
200,000
0.5% 0f annual gross turnover or
100,000 whichever is higher
3.1 FTA Radio
(Commercial)
5
10,000
100,000
0.5% 0f annual gross turnover or
100,000 whichever is higher
3.2 .FTA Radio
(community)
3
1,000
15,000
15,000
4.1 FTA TV (commercial)
7
10,000
200,000
0.5% 0f annual gross turnover or
100,000 whichever is higher
4.2 FTA TV (community)
5
1,000
30,000
30,000
Broadcasting Licensing Framework
2) Non Spectrum Based Licenses
License Category
Duration
Application fees
(KSHs)
Initial license fees
(KSHs)
Annual operating fees (KSHs)
5. Digital mobile TV
7
10,000
100,000
0.5% of annual gross turnover or
100,000 whichever is higher
6. Broadcast signal
distribution
15
10,000
15,000,000 or by
tendering process
0.5% of annual gross turnover or
1,000,000 whichever is higher
7. Terrestrial subscription
TV
10
10,000
100,000
0.5% of annual gross turnover or
100,000 whichever is higher
8. Cable subscription TV
7
10,000
100,000
0.5% of annual gross turnover or
100,000 whichever is higher
9. Internet protocol TV
(IPTV) services
5
10,000
100,000
0.5% of annual gross turnover or
100,000 whichever is higher
10. Satellite subscription TV
7
10,000
100,000
0.5% of annual gross turnover or
100,000 whichever is higher
11. Subscription
management services
7
10,000
100,000
N/A
10,000.00
USD $12,500
0.5% of annual gross turnover or
100,000 whichever is higher
N/A
12. Landing Rights
Authorization (for TVRO,
International Cable Services
Current Broadcasting Status
126 FM
broadcast
stations
2 Common
Carrier digital
broadcasting
signal
distributors
(BSDs)
64 digital TV
broadcasting
content
providers
Digital Terrestrial Television (DTT ) Platform
Programming Code and Complaint Handling
Procedure
Highlights of Programming Code
Local content
40% within one year, 60%
within four years after
receipt of licence.
Watershed period
To air appropriate content
to protect our children
during the watershed
period from 5am to 10 pm
Advertisements
-minimum of 40% local
footage
-not exceed seven (7)
minutes in any 30 minutes
of television broadcasting.
Broadcasting Standards
STANDARD
Protection of
minors
RATIONALE
Inappropriate, harmful content
Harm and offence
Privacy
Intrusion into people’s private
lives
Broadcasting Standards
STANDARD
Complaints
Handling
Crime & crisis
situations
Elections, Polling
Period &
Referendums
RATIONALE
Protection of consumers
Glorification of violence &
platform for terrorists
Protection of democratic culture
Broadcasting Standards
STANDARD
Local
Content
Fairness &
discrimination
Persons with
Disabilities
RATIONALE
Cultural
diversity
and national
Harm
and offence
identity
Right of reply
Accessibility to broadcasting
services
Broadcasting Standards
STANDARD
RATIONALE
Accuracy &
Impartiality
Preserve democratic culture
Religion
Promote tolerance & respect for
other faiths
Advertising
Decency, honesty and truth
Broadcasting Standards
STANDARD
REGULATION
Classification &
Ratings
Protection of consumers
Copyright
Intellectual Property Rights
Broadcasters’ Obligations
• Promote accessibility to Broadcasting services PwDs.
• Observance and enforcement of the watershed period
guidelines.
• Enforcement of 60% local content quotas for FTA TV by 2018.
• Enforcement and utilization of the complaints handling
procedure and related mechanisms in broadcast complaints
resolution.
• Involvement in promoting a responsible and responsive
broadcasting culture that educates, informs, entertains, and
promotes appreciation of our values, cultures and heritage.
• Observance of obligations such as compliance reports, storage
of recordings, etc.
The future of Digital TV
HDTV
Mobile TV
Interactive
TV
Highlights of Programming Code
Accessibility to
broadcasting services by
Persons with Disabilities
(PwDs)
-Sign language inserts for
news and events of national
importance
-Signer should be of
sufficient size and
resolution.
-Sign language interpreters
with relevant qualification
Others
-Copyright
-Accuracy, Balanced, Right
of reply, Responsible
reporting
-Religious tolerance
-Complaints Handling.
Local content initiatives
Multiplicity of channels
in the digital platform
forums for engagement
between broadcasters
and content producers
and distributors.
CA sponsored part of the
Kalasha event and issued an
award to the station with the
most local content and most
compliant with PWDs access
to programs
Local TV
content study
to be done in
this financial
year
Main Challenge
Sector Policy for broadcasting requires 30% local shareholding
upfront unlike telecommunications that gives three years grace
period to attain 20% local shareholding
Applicants have a challenge in meeting this requrement in the
broadcasting sector
CA made a request in February 2015 to MoICT to align the
broadcasting requirement to that of telecommunications by
giving licensees three (3) years grace period to attain 30% local
shareholding
We will renew our request for consideration by MoICT
Q&A
Consumer
Rights in
Broadcasting
Services
THANK YOU