Broadcast Media in Kenya: The Role of CA as a Regulator

Induction Training for new employees 27th January, 2016

Who is CA?• 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 VisionAccess to and use of information and communications services by all in Kenya by 2018.

Our MissionFacilitate the transformation of lives through progressive regulation of the information and

communication technology sector.

ContentsWhy 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.

•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.

Main Laws Regulating Media In Kenya

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

License category Duration (years) Application fees (KSHs)

Initial license fees (KSHs)

Annual Operation- fees (KSHs)

1. 1 Public Radio BS (non-commercial)

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

1) Spectrum Based Licenses

Broadcasting Licensing Framework

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 0.5% of annual gross turnover or 100,000 whichever is higher

12. Landing Rights Authorization (for TVRO, International Cable Services

N/A 10,000.00 USD $12,500 N/A

2) Non Spectrum Based Licenses

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

BSDs DTT rollout plans for the 2015/2016 to increase from 58 to 65% coverage of the population.

64 TV broadcasters in the digital platform.

Study almost completed on review of maximum BSD tariffs for broadcasters accommodated in the digital platform

Programming Code and Complaint Handling Procedure

Public Consultation: 8th April to 7th May 2015.

Stakeholders’ Workshop held on 9th July 2015

Approved Code and Procedure uploaded on CA website in December 2015 and communicated to broadcasters

Next step: Implementation and Awareness

Highlights of Programming Code

Local content 40% within one year, 60%

within four years after receipt of licence.

Advertisements-minimum of 40% local

footage-not exceed seven (7)

minutes in any 30 minutes of television broadcasting.

Watershed periodTo air appropriate content

to protect our children during the watershed

period from 5am to 10 pm

Broadcasting Standards

STANDARD

Protection of minors

Privacy

RATIONALE

Inappropriate, harmful content

Harm and offence

Intrusion into people’s private lives

Complaints Handling

STANDARD RATIONALE

Crime & crisis situations

Broadcasting Standards

Elections, Polling Period &

Referendums

Protection of consumers

Glorification of violence & platform for terrorists

Protection of democratic culture

Local Content

STANDARD RATIONALE

Fairness & discrimination

Broadcasting Standards

Persons with Disabilities

Harm and offence Cultural diversity and national identity

Right of reply

Accessibility to broadcasting services

Accuracy & Impartiality

STANDARD RATIONALE

Religion

Broadcasting Standards

Advertising

Preserve democratic culture

Promote tolerance & respect for other faiths

Decency, honesty and truth

Classification & Ratings

STANDARD REGULATION

Copyright

Broadcasting Standards

Protection of consumers

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 Interactive TV

Highlights of Programming CodeAccessibility 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 ChallengeSector 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 & AConsumer Rights in

Broadcasting Services

THANK YOU