GOVERNMENT’S DIRECTIVE ON ALL GOVERNMENT AGENCIES ADVERTISING THROUGH KBC, RADIO & TV; ECONOMICAL OR POLITICAL? … AND LEGAL ISSUES THEREIN

                                                                  Image on Google

On 8^th March 2024, the Permanent Secretary State Department of Broadcasting & Telecommunications, Professor Edward Kisiang’ani issued a directive that all Government agencies, Independent commissions & public universities should exclusively air their advertisements on and through the State owned Broadcasting Corporation; KBC(radio & TV)

The directive aims', as averred by the PS, is; “…to align with the government’s policy of reviving the ailing public sector entities and ensuring that any public-private partnership is not skewed against public sector institutions[1] … and to revive and utilize its institutions going forward …”

The directive herein also comes a month after the government made a similar issuance targeting the print media where it directed all ministries and parastatals to only advertise on MyGov that is then exclusively circulated by the Star Newspaper[2].

This article seeks to interrogate the implications of this directive in cognizance with the constitutional right to access to information; and whether it is an “economical” or “political” move.

In 2015, the then government issued a directive requiring all public sector entities to centralize their advertising[3] where the Government Advertising Agencies (GAA) would be the coordinating institution. The recent directive by Professor Edward seems like an initiative to revamp this un-implemented directive.

Currently, the government owes approximately 3 Billion of unpaid ads to Local and Independent Media Stations.

Generally, it would look like a good ‘economical’ move in line with revamping, revitalizing and modernizing the state broadcaster which has in the recent past not been in good financial status. It is also a good ‘economical’ stride considering the country’s current fiscal and debt positions with Media advertisements pending bills amounting to 3B and an expenditure on ads totaling in an average of more than 10 Billion Kenyan Shillings yearly; thus, advertising in KBC, a government corporation, could be way cheaper compared to other Independent Media stations which would consequently save government’s revenue.  This will also ultimately boost KBC’s financial position and ensure circulation of “government money” in public utilities.

Politics?

But wait! As the old adage says, “there is more than meets the eye …”, in a country that every word and move has a political connotation, interpretation and basis, could ‘Politics' be at play in this too? Considering the government’s of the day fallout with the media(Print, TV & Radio) since its inception, maybe, just maybe, such a move is its way to curtail and “revenge” against the media due to government's claims of biasness, misreporting and distortion of facts regarding the Government’s agenda.

I won’t dwell on adducing much on the political interpretation of the directive, we’re all aware of the politics of this country and their dynamics, volatility and sensitivity …

 

Any Legal Implications?

Freedom of the Media

First and foremost, the Constitution of Kenya 2010, Article 34 guarantees the freedom of the media and against State control or interference[4] with broadcasting corporations; thus the government’s personal attacks and onslaught towards the media(which we’ve witnessed in broad daylight …) is unconditional as it could be an indirect route to weaken and compromise the media and its freedom.

Right to access to information

This is a constitutional right provided by the 2010 Constitution Article 35; that citizens have the right to access any information held by the state[5] and that the state shall publish and publicize any important information affecting the nation[6].

Unfortunately, the State Broadcaster’s influence and publicity  has in recent years dwindled and it is no longer the most subscribed to, listened and watched broadcaster. In the recent past, annual Media houses rating by the Media Council of Kenya and other Agencies have continuously placed Citizen TV as the most watched TV, followed by NTV, KTN, & TV 47 with KBC closely following thereafter.

As they say, data never lies; construing this data and rankings; it means that if the government is to exclusively disseminate information on it’s operations, a big section of the public will not access this and such important public information which will ultimately infringe the public’s constitutional right. Moreover, the public’s legitimate expectations of receiving vital government information, no matter which Media House they subscribe to, will also be infringed.

In conclusion, such a directive may seem right and ‘economical’ on one side point of view, but its legal implications and general effects on other private and independent media houses is profound and should not be neglected when making such an administrative decision or action.

The directive will not only curtail the public’s constitutional right to access to information, but will also reduce competitivity in media business; this may ultimately, inter alia, lead to unemployment due to office layoffs that might ensue due to lack of revenue in private media houses.

 

 By David Nduuru, a student at the University of Nairobi

 

 

---

[1] 8^th March 2024 Citizen Digital

[2] The Standard Media

[3] Ibid

[4] The Constitution of Kenya 2010 Article 34

[5] The Constitution of Kenya 2010 Art 35(1)

[6] The Constitution of Kenya 2010 Art 35(3)