The Media Council of Kenya (MCK) is rallying lawyers to establish a network of legal experts in media law.
MCK Director for Media Training and Development Victor Bwire has pointed out Kenya's critical shortage in this expertise, which he says, is creating a gap in defending freedom of expression and press freedom.
Mr Bwire told a recent sensitisation forum in Nairobi that the Complaints Commission is mandated to tackle legal issues impacting media and journalists, and urged lawyers, particularly those in media houses, to stay abreast of emerging issues shaping Kenya's media landscape.
“It's disheartening to see inadequate legal representation in press freedom cases. Many lawyers lack knowledge of current media trends”, he said.
He mentioned the Council’s plans to collaborate with the Law Society of Kenya to offer media law as a specialty to fill this gap.
“We need specialised media lawyers. Some organisations have had to import lawyers for representation due to our local shortfall ”, he stressed.
He also called for urgent legal reforms to keep pace with rapid media developments and urged lawyers to familiarise themselves with laws on technology and internet governance.
Chairperson of the Media Law Association Ibrahim Oduor echoed the call for a specialised network, emphasising its role in tackling emerging needs and proposing democratic governance tenets.
Mr Oduor called for the amendment of the Media Council Act 2013 to grant it constitutional commission status, ensuring its independence while clarifying the Complaints Commission's functions.
“There is a need to amend the Media Council Act 2013 to confer it a constitutional commission status. Amending the Act will ensure the independence of the Council as envisaged in the constitution while at the same time giving clarity to the functions of the Complaints Commission”, he advised.
Alvin Kosgey of KMK Africa Advocates highlighted constitutional protections for journalism under Articles 31 and 34, voicing concerns about digital media laws and their enforcement.
“The rubber is meeting the road as we are now talking about whether the laws stipulated in the Constitution are sufficient in handling the wider media landscape in its current state”, noted Mr Kosgey.
Legal Practitioner Ian Olwana stressed the importance of complying with data protection laws, particularly those regarding image rights under the Data Protection Act 2019. He highlighted the need for media practitioners to meet exemption criteria under Article 51.
“Compliance with Data Protection regulations and media guidelines dictate what is required in the collection, storage, processing and dissemination of personal Data”, he said.