c
 


 cc c 


 
 


c 



c
  

c 
c 





A project submitted to the Faculty of Law in Partial Fulfillment of the Requirements for the
Degree of Bachelor of Laws



c  
c 





  




!"#$%& 

i







V SALEM DV
 LOROT do hereby declare that this research is my original work and that to
the best of my knowledge and belief; it has not been previously in its entirety or in part been
submitted to any other university for a degree or diploma. Other works cited or referred to are
accordingly acknowledged.

Signed:«««««««««««««««««««««.

Date: ««««««««««««««««««««««

This project has been submitted with my approval as the university supervisor

Supervisor: MR. NJARAMBA GV
V

Signature: ««««««««««««««««««««

Date: ««««««««««««««««««««««

With approval of the Dean Faculty of Law
atholic niversity of Eastern Africa

Dean: ««««««««««««««««««««««.

Signature: ««««««««««««««««««««..

Date: ««««««««««««««««««««««..

ii
 



To the members of the Fourth Estate whose work oft-times go unnoticed or unappreciated.

iii



c

An exhaustive list of all that have lent me support in ways coincidental or incidental to this work
is almost impossible. As part of the human family V am tied to a complex web of individuals
who have striven in more ways than one to support me even when they were not duty-bound.

To ‘

 the God of the Rising Sun you have shone your blessings on me even in my
infirmities where V merited not you proved to me a mortal man that you work in mysterious
ways. Thank you Abba Father.

To my supervisor Mr. Njaramba like a seasoned blacksmith you employed your art and skill in
a gentle yet rigorous way in shaping this work. Your enlightening comments and suggestions
were invaluable and all V can say is encapsulated in a Malayan proverb: One can pay back the
loan of gold but one dies forever in debt to those who are kind.

To the Law
lass 2010 your cheer and diligence was colossal and the bond that tied us together
ennobled us to soar the heights of legal sojourn. May that intellectual appetite never plummet.

To my loving mum Paulina Maya
horam you taught me to smile in calamity and keep hope
alive and it is paying dividends. 
 

‘



To my brothers and sisters Shivachi evin Masheti Fobian Lizzy
hemakal Billy Porit and
Jamila
heptoo V have walked the road in search of life¶s meaning and while V hold no answers
it was worth the search.

To Mrs nobloch and family and brother Friedbert Tremmel you sacrificed that V seek
intellectual freedom.     
   
   
    
   
 
 
 

  

 

 
 !   

And to my room-mate and friend Tiyan Joseph close friend David Onyango and aranja
Francis relatives and friends thank you all for your support.

iv
 c  


c

African
harter African
harter on uman and Peoples¶ Rights

MDDA Media Development and Diversity Agency

V
ASA Vndependent
ommunications Authority of South Africa

P
SA Press
ouncil of South Africa

American
onvention American
onvention on uman Rights

European
onvention European
onvention on uman Rights

B
enya Broadcasting
orporation

F

Federal
ommunications
ommission


ommunications
ommission of enya

FR
Federal Radio
ommission

DR niversal Declaration of uman Rights

V

PR Vnternational
ovenant on
ivil and Political Rights

NES
O nited Nations Educational Scientific and
ultural Organisation

BS enya Broadcasting Service

TN enya Television Network

OF
OM Office of
ommunication

VBA Vndependent Broadcasting Authority

SAB
South African Broadcasting
orporation

iv

c 
 

Regulation of the broadcast media remains a vexed issue. This is occasioned by the custodial role
it performs on behalf of the public. There are certain regulating bodies which have been charged
with the task of overseeing the proper functioning of the electronic media viz:
ommunications

ommission of enya and the Media
ouncil of enya.

The powers of the
ommunications
ommission of enya in prescribing a Programming
ode

needs to be properly defined and what constitutes a µProgramme
ode¶ generally provided for.
There is need to examine the independence (or lack of it) of the
ommission. Similarly areas for
reform are suggested in this research.

Perhaps if there is one institution which needs proper examination then it is the Media
ouncil of
enya. This owes to the fact that it constitutes the second limb of media regulation that is self-
regulation. This therefore calls to question the efficacy of the
ode of
onduct for Journalists
and the Mass Media.

Vn sum these two institutions represent the two divides of regulation: Self-regulation and State-
regulation. Thus their scrutiny help illuminate their composition roles challenges and suggested
areas for reform. All these are conducted against the light of the collective enyan media
experience.

V

 

c

           ' ($
Declaration i
Dedication ii
Acknowledgements iii
List of Abbreviations iv
Abstract v
Ô

 
  

1.0Background to the study 1

1.1Statement of the problem 3

1.2Research questions 5

1.3 ypothesis 6

1.4 Significance of the study 6

1.5 Literature Review 7

1.6 Organization of the study 12

) *$ )$%!+ *,$-$(  %.*)$!$*/ 0 +$1!2

!00$$.!+!0$3$44!%

2. Vntroduction 14

2.1 Vnternational legal instruments 16

2.2 Normative theories 18

2.2.3 Authoritarian theory 19

2.2.4 Libertarianism 20

2.2.5 Social Responsibility theory 21

2.2.6 Soviet media theory 22

2.2.7 Development communication theory 23

2.2.8 Democratic participant theory 23

) *$5$(6 *!%!0*)$"! ./ 4*+$. 

3. Vntroduction 25

3.1 Media regulation 26

3.2 The
ommunications
ommission of enya 28

3.3 The Media
ouncil 31

3.3.1 Functions of the Media
ouncil 32

3.3.2 The
ode of
onduct for the Practice of Journalism in enya 32

3.4
onclusion 34

) *$7!+  *,$ % &44!0$(6 *!%!0"! ./ 4*+$. 

4. Vntroduction 36

4.2 South Africa 37

4.2.1 The Vndependent
ommunications Authority of South Africa 37

4.2.2The Press
ouncil of South Africa 38

4.3 The nited States of America 40

4.3.1 The Federal
ommunications
ommission 40

4.4
onclusion 42

) *$c6++ &-!%/64!%4 %.$/!++$%. *!%4

"!( )&