3074 7th August, 2020 THE KENYA GAZETTE Safety: Sensitise the public on security concerns around personal information and the adverse social impact of internet and gaming addictions. 5. Ensure adherence to social responsibility by encouraging the development of and respect for the Programming Code and other codes of practice by all broadcasting licensees; Challenge Fund: Develop a mechanism to address the negative cultural and behavioural challenges due to gaming. fight challenges. 6. Use innovative methodologies to rapidly expand media training in Kenya. Information Management 7. Ensure universal broadcasting service; and Knowledge has long been an important factor in economic growth, and this policy seeks to maximise the value of data and information held by government for the common good. Government has a keen appreciation of the role of knowledge and technology in driving productivity and economic growth knowledge distribution, then, is essential to our economic performance. In light of this, this policy mandates access to: Government section available default”. 6 of the to all Data: All Access Kenyans government to data, Information online. The Act, general except 2016, policy as exempt will be by made is “Open by Research Findings and Papers: Research findings from all government ministries, agencies, institutions and institutes will besides being made available on their websites, also be made promptly available on a single common website determined by the Cabinet Secretary of the Ministry of ICT. All government research and papers will be in the public domain, except for those, which the cabinet secretary has specifically, on written request, classified for restricted circulation for a determined and stated time. Government Websites: All government websites and portals will conform to best practices in terms of accessibility for persons with disabilities, colours, layout and editorial style. Government websites will be updated daily, at a minimum. Government Search Engine: All public government content will be indexed and searchable through a public common interface. All government sites and data to be crawled daily, at a minimum. ke Domain: National and county government websites exclusively use the designated government domain. will The Communications Authority (CA), Kenya Network Information Centre (KENIC) and other stakeholders will take measures to proactively promote the .ke domain. The CA shall also proactively protect Kenyan names that have historical, cultural or intellectual value on the internet. Social Media: The Government will seek to promote the right of the use of social media as an extension of the protection of freedom of expression guaranteed under Article 33 and 34 of the Constitution. However, the right to use social media does not extend to propaganda or war-like purposes; incitement to violence; hate speech or advocacy of hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm; or is based on any ground of discrimination or that promulgates falsehoods. In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others. Broadcasting: The overall policy objective for the broadcasting sector is to create, within the framework of the Constitution, an environment that enables broadcasting services to be provided in the public interest and to contribute to the socioeconomic and cultural development of Kenya. This policy continues the emphasis on promoting the development of local content and establishing a market structure that attracts and protects national and_ international investment in broadcasting content and services. With the emergence of online media The Government will: The Government will:1. Ensure the development of broadcasting services that reflect a sense of Kenyan identity, character, National Values, cultural diversity and expression through the development of appropriate local content; 2. Promote diversity in ownership, control and programming broadcasting services and availability throughout Kenya; 3. of Review the role, viability, availability and protection of public broadcasting services; 4. Promote fair competition, innovation, protection of intellectual property rights and investment in the broadcasting content industry; access to, and viability of the public 8. Encourage media training institutions in conjunction with the broadcasting industry to pursue research into aspects of programming and curriculum development in the industry. Government media training institutions are specifically mandated to develop and provide curriculum and training on animation, computer graphics, and online media and games; 9. Require government agencies and private sector to promote local production of advertisements and create an enabling environment for the production and export of local broadcast and media products that will contribute towards job creation. 10. Promote subtitling and dubbing to increase the reach of local programmes. The National Broadcasting Public Corporation Broadcasting: (KBC) will be Service restructured The Kenya to ensure its relevance and viability as the public broadcaster. KBC, operating commercially, with universal service obligations, and with Government support to sustain its universal service obligations will provide national public broadcasting and county broadcasting services in collaboration with County Governments. KBC may also establish a subsidiary to provide commercial broadcasting services subject to fulfilment of licensing and regulatory requirements. Private/Commercial Broadcasting Services: The main objective of the granting of licenses for private broadcasting services will be the development of a diverse broadcasting landscape, while taking into account the viability of individual enterprises as well as the industry as a whole. Private broadcasting service providers will be expected to provide a diversity of programming content, contribute to job creation and human resource development. Private broadcast licenses will not be granted to any political party, or affiliate of a political party. To avoid hoarding of scarce frequency resources, CA will develop guidelines with appropriate regulatory safeguards to ensure broadcast licensees start operations within time frames stipulated in their licenses upon being granted broadcast licenses. Community Broadcasting Services: Community broadcasting service providers, who are fully controlled by a non-profit entity, will be licensed to offer non-profit services that serve a_ particular community. They will be required to: 1. Offer a distinct broadcasting service dealing specifically with community issues, which are not usually dealt with by private or public broadcasting service covering the same area; and 2. Focus on the provision of programmes that highlight community issues, including, but not limited to; developmental issues, health care, basic information and general education, environmental affairs and local culture. Licensing of community broadcasters will follow an approach where prospective service providers will make application to CA. The licenses will be granted after evaluation based on clear conditions and availability of frequencies in the service area. In order to promote the development of community broadcasting services, the CA will endeavour to reserve broadcast frequencies and/or television channels for this purpose. Community broadcast licenses will not be granted to any political party, or affiliate of a political party. Radio Frequency Spectrum: Spectrum is a scarce public resource that can go to waste if not used optimally. It will, therefore, be managed in line with public policy objectives, with a view to making it available to all users under equitable, transparent, specific and clear conditions. The Government will from time to time review plans for the use of specific frequency bands to ensure optimal utilisation of the frequency spectrum. The use of frequency bands will maintain a balance between the public and private interest and in the event of conflict, public interest

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