3rd Reply: from CCK...Dear Mukiha,
Please take note of the following regarding broadcast content complaints:
There are pending court cases against the CCK for which injunction was issued and which bars CCK from licensing broadcasters and therefore effectively not operationalising content regulation. The cases are yet to be determined or concluded.
The cases effectively are challenging the Broadcasting Regulations which CCK needs to use in effecting content regulation.
In its preparation to perform the content regulation task, the Broadcasting Content Advisory Council (BCAC) was constituted, and CCK developed a draft programming code and complaints handling procedure. These have been discussed by the BCAC but could not be published and operationalised following legal advise that it will constitute contempt of court. The plan is to have the code published for comments and then eventually gazette in order to enforce it (after court cases are cleared or injunction lifted). It is at this point that CCK will be able to effectively enforce the code using the complaints procedure which will also need to be operationalised at this point.
In parallel, when CCK is cleared to start licensing (including re-licensing existing players), the licenses will have conditions requiring licensees to adhere to the code and complaints procedure and then it will be easier to enforce such conditions (at the moment, the broadcasters licences have not reflected the new requirements introduced by KICA CAP 411A). With an operational code and licenses, it will be easier to enforce water shed period, etc
When content regulation becomes legally operational, the public will then be able to file complaints in accordance with the prescribed procedure for CCK, BCAC and Broadcasters to deal with as appropriate.
Otherwise the proper way of filing and dealing with content related complaints is as follows
· -if anyone is aggrieved by any content broadcasted, he/she should first make a formal complaint directly to the offending broadcaster (must keep copies of correspondence or evidence). Details must be provided in the complaint; subject, what programme, what time and date, location of listener when the program was aired (remember same station may have different content in different locations)
· -if the aggrieved party is dissatisfied with the resolution or remedy given by the broadcaster or the broadcaster does not respond within a certain timeline, then he/she can file the complaint with CCK. In filing the complaint with CCK, the complainant must produce evidence among others ; evidence that the complaint was filed with broadcaster, reason why he is dissatisfied with resolution offered, any other material evidence, etc. CCK has the right to reject all complaints that will not have first been filed with the offending broadcaster.
We have developed the forms for filing complaints together with procedure but as explained above, this is yet to be operationalised due to the litigation.
However, evidence will be required that you have complained to the broadcaster and that the broadcaster ‘s resolution is not satisfactory. It is also important that you formally complain to the broadcasters in writing instead of individuals so that you get evidence.
We hope this addresses your concern and we will close the matter.
Thank you for your request.
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