DJL1313 Media Law and Ethics

SCHOOL OF SOCIAL SCIENCES
DEPARTMENT OF JOURNALISM AND MASS COMMUNICATION

DIPLOMA IN PUBLIC RELATIONS AND DIPLOMACY
VIRTUAL LEARNING MODULE
UNIT CODE: DJL1313
UNIT TITLE: MEDIA LAW AND ETHICS IN COMMUNICATION
Module: Media law and Ethics in Communication 1|Page

Table of Contents
COURSE OUTLINE .......................................................................................................................................... 3
KENYAN LEGAL SYSTEM ................................................................................................................................ 5
Introduction ............................................................................................................................................... 5
The Government ................................................................................................................................... 5
The Executive ....................................................................................................................................... 6
The Legislature ..................................................................................................................................... 6
The Judiciary......................................................................................................................................... 8
COMPOSITION OF THE LEGAL INFORMATION SYSTEM .......................................................... 8
a) Academic Law Libraries .................................................................................................................... 8
b) Law Court Libraries .......................................................................................................................... 9
c) Government Departmental Libraries ............................................................................................. 10
d) Law Firm Libraries ...................................................................................................................... 10
COURTS SYSTEM IN KENYA ......................................................................................................................... 12
INTRODUCTION AND REFORMS .............................................................................................................. 12
THE STRUCTURE/HIERARCHY OF COURTS IN KENYA .................................................................................. 15
SUPERIOR COURTS ...................................................................................................................................... 19
THE SUPREME COURT ................................................................................................................................. 19
THE COURT OF APPEAL ............................................................................................................................... 20
THE HIGH COURT ........................................................................................................................................ 21
High Court Special Powers .......................................................................................................................... 24
REFERENCES ................................................................................................................................................ 61

COURSE OUTLINE
DPR 135: MEDIA LAW AND ETHICS IN COMMUNICATION
Contact hours: 30
Purpose: To equip the learner with the knowledge, skills and attitude to enable them report
lawfully and ethically.
Course Objectives: By the end of the course, students should be able to:-
i) Discuss the legal system in Kenya
ii) Describe the ethical issues in media and communication
iii) Understanding of how to get information without infringing the rights of others
iv) Discuss the concepts of copyrights, privacy and broadcasting regulations and licensing
Course Content
Chapter one-Introduction to the Kenyan Legal System: Lawmakers and Policymakers; the
Court System; Legal Research.
Chapter Two - Introduction to Ethics: Media Ethics; Basic Ethical Theory; Historical
Perspectives on Ethics; The Potter Box, Obscenity,
Chapter Three -Protection from Freedom of Speech: Defamation of Character; Libel and
Slander; Defenses against Defamation; Privacy, Free Press/Fair Trial; Source Protection Prior
Restraint - Shield Laws;

Chapter four -Ethical Issues in News; Business Pressures, Truth telling and Objectivity, Social
Justice, Sources and Reporters,
Chapter Five - Advertising: Regulation of Advertising; Ethical Issues in Advertising; Special
Audiences, Public Relations,
Chapter Six -Entertainment: Copyright Laws; Content Regulation;
Chapter Seven - Ethical Issues in Entertainment; Violence, Offensive Material, Censorship,
Profits and Public Trust,
Chapter Eight-Special Regulations for Broadcasting: Licensing; Content.
Teaching / Learning Methodologies: Lectures and tutorials; group discussion; Demonstration;
Individual assignment; Case studies
Instructional Materials and Equipment: Projector; test books; design catalogues; computer
laboratory; design software; simulators
Recommended textbooks
Roy L. Moore, Murray (2007) Media Law and Ethics 3rd Edition published by Routledge
Jan R Hakemulder (2000) Media, Ethics and Laws Publisher: Anmol Publication
Don R. Pember, (2000) Mass Media Law, edition

KENYAN LEGAL SYSTEM
Introduction
The legal information system in Kenya has greatly been influenced by the colonial history.
Kenya was colonized by Great Britain in 1895. Since the colony did not have its own code of
laws, the British Government opted to use English and Indian laws. These laws have since been
amended or replaced by subsequent Kenyan laws. Although Kenya has managed to indigenize
most of its laws, it still relies heavily on English law and in particular, the English case law. This
equally applies to all Commonwealth states. The result of this development has been heavy
reliance on British publishers for most of the information materials required in the country.
The Kenyan Legal System is based on English Common Law. The Kenyan Constitution is the
supreme law of the land, and any other law that is inconsistent with the Constitution, shall, to the
extent of the inconsistency, be null and void. The Constitution of Kenya is divided into eleven
parts. The independence Constitution was enacted on the 12th of December 1963. There have
been several amendments to the Constitution since then, and a failed attempt to have the whole
constitution amended
The Government
The Government is divided into 3 functions: executive function, legislative function and the
judicial function.

The Executive
The Executive consists of the President, the vice-President, Prime Minister and two Deputy
Prime Ministers, Ministers and the Assistant Ministers, who are all members of the National
assembly (Parliament). The Executive implements all the laws made by parliament. The
Executive authority is vested in the President. Kenya has a Parliamentary system, where the
president is both the Head of State and Government, and also a member of parliament. The
Prime Minister is tasked with the responsibility of coordination of the executive functions of
government. At the same time, the whole government can, by law, be dismissed from office by a
vote of no confidence in parliament. The Cabinet consists of the president, vice-president, prime
minister, two Deputy Prime ministers and ministers. Its function is to aid and advice the
president. The Ministers are appointed by the President and are charged with responsibility over
a ministry, over which they are to exercise general direction and control. The President has
power to dissolve and prorogue parliament, but he has to summon it into session not later than 12
months from the end of the preceding session, if parliament has been prorogued, or three months
from the end of that session if parliament is dissolved.
The Legislature
The main function of the legislature is to make laws. The legislature consists of the president and
the National Assembly. The National Assembly is currently composed of 224 members, 222
being Members of parliament and 2 ex-officio members, the Attorney General, and the Speaker
of the National Assembly. The Speaker presides over the meetings of the National Assembly.

Most of the laws in Kenya emanate from an act of Parliament. These are introduced into
Parliament as Bills. The Bill has to be published, in the Kenya Gazette, fourteen days before its
introduction. It then has its First Reading, which is a formal reading of the title of the Bill. This
is followed by a Second Reading, which is an occasion for debate on the general principles of the
Bill, after which it is referred to a Committee of the National Assembly for debate and discussion
on the detailed provisions. If the Committee reports favorably to the Assembly, then the Bill has
its Third and final reading, where the debate, if any, is restricted to a general statement or
reiteration of objections. If approved, the Bill is ready for the Presidential assent, after which it
becomes an Act of Parliament. The date of commencement of the Act is either the date it
received the Presidential Assent, or a date shortly afterwards, or it can be brought into operation
by order made by the appropriate Minister.
Parliament also plays an important, but not exclusive, role in the financial control of Government
expenditure. Parliament control over revenue and expenditure is secured by the establishment of
the Consolidated Fund, into which all revenue of the Government must be paid. However,
Parliament may authorize the establishment of other funds for specified purposes, and may also
provide that some of the revenue need not be paid into any established fund but may be retained
by the authority which received it, for offsetting the expenses of that authority.
Parliament also acts as a control and criticism of the Government, in that it can pass a vote of no
confidence, which can lead, depending on the decision of the president, either to the dissolution
of Parliament or the resignation of the Government.

The Judiciary
The judiciary consists of the Courts and all officers of the Courts including, the Chief Justice, the
Attorney General, Judges and Magistrates. The judiciary determines disputes which arise
between individuals, and those arising between individuals and the State.
COMPOSITION OF THE LEGAL INFORMATION SYSTEM
The legal information system in Kenya falls into four categories:
a) Academic law libraries
b) Law court libraries
c) Government departmental libraries
d) Law firm libraries
a) Academic Law Libraries
The academic law libraries are owned and run by institutions of higher learning. They include
libraries in law faculties in universities offering law programmes.
The University of Nairobi, which was until 1970 a constituent college of the former University
of East Africa, started its own law faculty in July 1970 to meet the growing needs of the legal
profession in Kenya. Its law collection is and has never been as comprehensive as that of the
University of Dar-es -Salaam. Despite this, it remains the leading academic law library in the
country. In 1994, the university of Nairobi served as the sole training ground for legal
professionals in Kenya. However, with the increased demand for lawyers and the need to provide
more university places for increased number of school leavers, a second law faculty was started
at Moi University in 1995. From a humble beginning with a skeleton staff, the law school has

made significant strides in legal manpower training in the country. The library collection is small
but growing. Since 2005, other universities have joined the band wagon in offering
undergraduate law programmes. Among these are Kenyatta University, Catholic University of
Eastern Africa, and Strathmore University. Law programmes are pretty expensive to undertake.
Law libraries require significant investment both in information resources and information
personnel. Most universities, for instance, do not have fully qualified law librarians. In the
absence of the services of these specialised personnel, the services offered by these libraries
could be seriously affected. A legal information specialist should in addition to library science
qualification, have a first degree in law. This kind of people are still lacking in the country.
b) Law Court Libraries
Court libraries are to be found in the Supreme Court, Court of Appeal, High Court and to some
extent, Chief Magistrate‟s Court stations in the country. They exist to provide information
support to the bench as well as the bar. The Supreme Court of Kenya has perhaps the oldest
special library in Kenya to-day. It was established in Mombasa in 1895 to assist in the
administration of justice in the then East African Protectorate. It caters for the immediate needs
of the judges and advocates. The entire Supreme Court library system has a total collection of
over 60,000 volumes. In addition to the main library in Nairobi, the system has branch libraries
in Mombasa, Nakuru, Nyeri, Eldoret and Kisumu. Attempts are underway to upgrade the
collections in other major court stations in the country.
The Court of Appeal has its own library. The Court was fortunate to inherit the collection of the
former Court of Appeal for East Africa that existed until 1977. Although its collection is pretty
small compared to that of the Supreme Court in Nairobi, it is for all intents and purposes, the

most comprehensive and up-to-date law library in East Africa. Its collection is jealously guarded.
It is used only by the judges of the Court of Appeal.
c) Government Departmental Libraries
Law libraries are also to be found in government ministries and departments. Among them is the
law library at the Attorney-General Chambers at Sheria House in Nairobi. The A-G chambers
host a variety of activities from legal litigation to advising the government on issues of law. The
law library exists to support these activities. The library was established in 1911. It has a rich
collection on practitioner‟s law. The library like many government libraries, has been having
funding problems which affected the currency and comprehensiveness of its collection.
Another law library in this category is the library of the Law Reform Commission. The law
Reform Commission was established in 1982 as a department in the A-G‟s Chambers. The
purpose of the Commission is to review the Laws of Kenya to ensure their systematic
development. The department has a small establishment of legal professionals. The library exists
to provide information support.
d) Law Firm Libraries
In the developed Commonwealth states, most law firms have their own libraries to support legal
research. Unfortunately, this is not the situation in Kenya. Very few private law firms can afford
basic law library collections. Although advocates generally make excellent financial returns,
many are hesitant to invest in law libraries. Lawyers consider law libraries expensive overheads.
Because of this, additional pressure continues top be exerted on court libraries which are already
overstrained by the number of judicial staff who make use of their services. Only a limited
Module: Media law and Ethics in Communication 10 | P a g e

number of law firms have set up what can be described as “working law collections”. The
collections are aimed at meeting immediate information needs while leaving court libraries to
serve as libraries of last resort. These collections are organised by law clerks. The collections
comprise the main statutes and subsidiary legislation, basic law books, legal reference works,
such as dictionaries, digests and unreported judgments of the High Court and Court of Appeal.
Where the services of court clerks do not exist, part-time services of experienced personnel from
organized law libraries are usually solicited to keep the statute collection up- to- date.
LAWS AND POLICIES

Policy and law are related concepts, and both can be enacted by a government, they are not the
same thing. A basic knowledge of the difference between laws and policies is crucial to
understanding politics.
Laws are rules designed to ensure justice and the smooth functioning of society. They may be
either written or unwritten, but they are always treated as the basic rules of the system. A policy,
on the other hand, is a set of decisions made by someone in power. In politics a policy usually
means a course of action chosen by the government, but companies and organizations can also
have their own policies.
The Relationship between Policies and Laws
Unlike laws, policies are not strict rules; in fact, policies are supposed to always abide by the
laws. Additionally, because they are not firmly established, policies can be changed much more
easily than laws can. In a democratic system, most laws have to be approved by a vote of the
legislature, but policies can be established or changed at will by the president, prime minister or
other officials.

LEGAL RESEARCH
Legal research is the process of identifying and retrieving information necessary to support
legal decision-making. In its broadest sense, legal research includes each step of a course of
action that begins with an analysis of the facts of a problem and concludes with the application
and communication of the results of the investigation.
The processes of legal research vary according to the country and the legal system involved.
However, legal research generally involves tasks such as: 1) finding primary sources of law or
primary authority, in a given jurisdiction (cases, statutes, regulations, etc.); 2) searching
secondary authority (for example, law reviews, legal dictionaries, legal treatises, and legal
encyclopedias), for background information about a legal topic; and 3) searching non-legal
sources for investigative or supporting information.
Legal research is performed by anyone with a need for legal information, including lawyers, law
librarians, and paralegals. Sources of legal information range from printed books, to free legal
research websites.
COURTS SYSTEM IN KENYA
INTRODUCTION AND REFORMS
In Kenya like other Nations in the Continent of Africa before the European Imperialists
established (colonized) the African territories, the African Traditional Communities (ATC) used
the fora of justice at family, shrines, churches, mosques. ATC also applied other alternative
dispute resolution mechanisms that included reconciliation, mediation and arbitration. However,
they instituted the Courts Actions as the last resort, because the people since time immemorial
were aware of the fact that the Court proceedings were naturally adversarial.
Kenya‟s Judiciary has since independence been transformed from a dual to a unified Judicial
system which applies both English law and African Customary law. Hitherto, there existed two

systems – one for the African native and another for European settlers. In 1967 three major laws
were enacted. These were the Judicature Act (Chapter 8), the Magistrates‟ Courts Act (Chapter
10) and the Kadhis Courts Act (Chapter 11). These Acts have streamlined the administration of
justice in Kenya.
These three statutes repealed all other legislations other than the provisions of in the Lancaster
Conference Constitution, by directing the law that was to be applied by the Courts. Kenyan law
system today is therefore significantly based on the Constitution of Kenya 2010 and other Acts
of Parliament.
Kenya‟s Judiciary discharges its mandate through the following branches: the Court Systems
(structure), the Judicial Service Commission and The National Council for Law Reporting. That
was the old order before Chief Justice (CJ) Will Mutunga took over the realms of power from
Justice (Retired) Evans Gicheru. The Judiciary was such that the Office of the Chief Justice
operated as a judicial monarch supported by the Registrar of the High Court. Power and authority
were highly centralized. Accountability mechanisms were weak and reporting requirements
absent. The Judiciary institution had: weak structures, inadequate resources, diminished
confidence, deficient in integrity, weak public support and literally incapacitated to deliver
justice.
The new Constitution (The Constitution of Kenya 2010) has radically altered ugly State of
Judiciary that had been re-designed by the political governing regimes to fail. Now, the
Transformation Agenda speared being by Dr. Will Mutunga who assumed the Office Chief
Justice on 20th June 2011. The CJ is assisted by Chief Registrar of the Judiciary who is chief

administrator and accounting officer of the Judiciary. Take note of the change of designation
from Registrar of the High Court to Chief Registrar of the Judiciary!
The Court system has been decentralized with the Supreme Court and the Court of Appeal
having their own Presidents and the High Court having a Principal Judge as heads of the
respective Institutions. The Judiciary plans to set up a Leadership Committee which will act as a
management team for the entire Judiciary once the staff recruitment process and vetting of
Judges and Magistrates is finalized. Management Committee will be composed of the CJ as
Chair, Deputy Chief Justice (DCJ), President of Court of Appeal, Principal Judge of the High
Court and representatives from the magistracy and the paralegal fraternity.
The High Court has been restructured into four divisions: Division of Land and Environment –
To make ruling on issues of sustainable development and equitable distribution of resources.
Division of Judicial Review. Division of Commercial and Admiralty – To adjudicate commercial
disputes and reduce the transaction costs of justice for the private sector. Constitution and
Human Rights – To be first instance in constitutional cases; interpreting and enforcing Bill of
Rights.
The Judiciary has institutionalized Performance Contracting (PC) by planning to establish a
fully-fledged directorate of performance management. PC is Result-Based Management (RBM)
methodology that has been implemented by the Executive Arm of the Government was
vehemently opposed by the Old Guards in the Judiciary. RBM is a participatory team based
approach designed to achieve defined results by improving programme and management
efficiency, effectiveness, accountability and transparency. Performance based management
practices will be applicable to both judicial and administrative staff.

In order to promote sound management practices, the judiciary has also established
Transformation Steering Committee and where all stakeholders in the judicial system are
represented. The Steering Committee has developed an Integrated Comprehensive and
Institutional Transformation Framework that identified 10 clusters for the Strategic Plan.
An Ombudsperson was appointed and began to receive and respond to complaints by staff and
the public. Also the Chief of Staff was appointed to oversee the establishment of the Executive
Office of the Chief Justice and facilitate the CJ‟s numerous roles. It is required that the President
and the Principal Judge of Court of Appeal and High Court respectively will appointed their
Chiefs of Staff.
The development for the Judicial Training Institute (JTI) is on course. The curriculum is being
drafted and the Director has been appointed. The JTI is to become judicial think tank, an institute
of excellence, the nerve centre of robust and rich intellectual exchange, where the interface
between the judiciary and contemporary issues in the society will occur.
THE STRUCTURE/HIERARCHY OF COURTS IN KENYA
The Courts operate two levels: Superior Courts and Subordinate Courts. The important aspects
in the Structure of Courts are:
i The structure – The hierarchy or levels of Courts.
ii Establishment – The composition or who presides in that Court.

iii Jurisdiction – The powers of different Courts to hear and determine
disputes. Jurisdictions are either Geographical / territorial limits of their powers or Functional
powers (to hear Original matter, Appellate matter or both matters or subject matter (whether it is
civil or criminal justice) or Pecuniary ( the range of monetary or financial value of subject
matter).
The following figure illustrates the structure and explains the hierarch of the Courts as it is today
in Kenya.

The arrow on the figure shows the hierarchy of courts in Kenya. There are two levels of courts
Superior Court (consist of Supreme Court, Court of Appeal and High Court) and Subordinate
Courts ( Resident Magistrate Court, Kadhi Courts, Court Martials, Tribunals, District Magistrate
Courts Classes 1st, 2nd and 3rd.) The arrows show flow of appeal from one level to the
next. The arrows represent flow of appeals in both civil and criminal appeals except criminal
appeals from District Magistrate class III which go to Resident Magistrates courts. District

Magistrate courts are situated in all the districts except of District Magistrate Class III which in
some sparsely populated Districts especially North Eastern Province Kenya where their powers
have been delegated by the Chief Justice to the District Officers through notices in the Kenya
Gazette. This structure of the courts is based on the provisions of the Constitution, the
Magistrates Court Act (Cap. 10), the Kadhis Court Act (Cap. 11) and the Armed Forces Act
(Cap. 199) Laws of Kenya.
THE STRUCTURE AND JURISDICTION OF THE COURTS
The Court of Appeal
It is the highest Court in Kenya. It has only appellate jurisdiction, in both civil and criminal
cases, it has no inherent jurisdiction. It is presided over by the Judges of Appeal, who are
appointed by the President. The decisions of the Court of Appeal are binding on all other
subordinate courts, including the High Court. The Court of Appeal sits mainly in Nairobi, the
capital of Kenya, but travels on circuit to other principal towns in Kenya to hear appeals.
The High Court
It is presided over by, judges of the High Court, who are appointed by the president. The High
Court has unlimited original jurisdiction in civil matters and judicial review matters. In Criminal
matters, it only hears cases of murder and treason. It also has appellate jurisdiction in both civil
and criminal matters, in that appeals from the subordinate courts are preferred to the High Court.
Subordinate Courts

The jurisdiction of these courts is determined on a territorial and pecuniary basis. They are
presided over by magistrates. The magistrate's courts are in order of hierarchy, with the Chief
Magistrate's court being the highest, followed by the Senior Principal Magistrate's Court,
Principal Magistrate's Courts, Senior Resident Magistrate's Courts, Resident Magistrate's Courts
and the District Magistrate's courts. The Kadhis Court and the Children‟s Court also form a part
of the subordinate courts in Kenya. The legal system has also made for provision of Tribunals
which are quasi judicial bodies that listen to matters specifically allocated to them.
SUPERIOR COURTS
THE SUPREME COURT
The Supreme Court of Kenya is established under Article 163 of the Constitution of Kenya. It
comprises of 7 (Seven) Judges: the Chief Justice, who is the president of the Court, the Deputy
Chief Justice, who is the deputy to the Chief Justice and the vice-president of the court and five
other judges.
The Supreme Court is properly constituted for purposes of its proceedings when it has a
composition of five judges and has exclusive original jurisdiction to hear and determine disputes
relating to the elections to the office of President arising under Article 140 and subject to clause
(4) and (5) of Article 163 of the Constitution, appellate jurisdiction to hear and determine appeals
from the Court of Appeal and any other court or tribunal as prescribed by national legislation.
Appeals from the Court of Appeal to the Supreme Court are as a matter of right in any case
involving the interpretation or application of this Constitution and in any other case in which the
Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is

involved, subject to clause (5).
The Supreme Court may review a certification by the Court of Appeal and either affirms, vary or
overturn it.
The Supreme Court may give an advisory opinion at the request of the national government, any
State organ, or any county government with respect to any matter concerning county
government. All courts, other than the Supreme Court, are bound by the decisions of the
Supreme Court.
THE COURT OF APPEAL
Establishment: The Court of Appeal is established under Article164 of the Constitution of Kenya
2010.
Composition: The Court of Appeal consists of a number of judges, being not fewer than 12
(twelve), as may be prescribed by an Act of Parliament and the Court is to be organized and
administered in the manner prescribed by an Act of Parliament. The Court comprises of a
President of the Court of Appeal who is elected by the judges of the Court of Appeal from
among themselves. The Court of Appeal Judges retire at the age of 74 years.
Jurisdiction: The Court of Appeal is a superior court of record therefore it sets precedents. It has
limited original jurisdiction. It was created to hear appeals from the High court.
The only moment the Court Appeal can have original jurisdiction is in punishment for contempt
of court, and when stating execution of orders of the High Court. Procedure: The practice and
procedure of the court of appeal are regulated by the rules of court made by the Rules Committee

constituted under the Appellate Jurisdiction Act (Cap. 9). The Act provides that an uneven
number of at least three judges shall sit for the determination of any matter by the court. The
decision of the court shall be according to the opinion of a majority of the judges who sat for the
purposes of determining that matter.
The court has powers to:
i Determine a case finally.
ii Order for a trial.
iii Order for a re-trial.
iv Frame issues for the determination of the High Court.
v Receive additional evidence or order that it be taken by another court.
THE HIGH COURT
Establishment: The High Court is established under Article 165 and it consists of a number of
judges to be prescribed by an Act of Parliament. The Court is organized and administered in the
manner prescribed by an Act of Parliament. The Court has a Principal Judge, who is elected by
the judges of the High Court from among themselves.
Composition: Ordinarily, the High Court is duly constituted by one Judge sitting alone. However
there are instances where two or more High Court Judges may be required to determine certain
kinds of cases.

Appointment of Judges: Are appointed by the President in accordance with the advice of
Judicial Service Commission. They are laid down special qualifications required of a person to
be eligible for appointment as a Judge, namely:
He / she is or has been a Judge of a Court having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or in the Republic of Ireland or a court having
jurisdiction in appeals from such a Court or;
He /she is an Advocate of the High Court of not less than seven years standing or;
He /she holds and has held for a period of or periods amounting in aggregate to not less than
seven years, one or other of the qualifications specified in Section 12 of the Advocates Act.
Jurisdiction:
i The High Court has unlimited original jurisdiction in criminal and civil matters.
ii The High Court has jurisdiction to determine the question whether a right or fundamental
freedom in the Bill of Rights has been denied, violated, infringed or threatened.
iii The High Court has jurisdiction to hear an appeal from a decision of a tribunal appointed
under the Constitution or national legislation to consider the removal of a person from office,
other than a tribunal appointed under Article 144.
iv The High Court has jurisdiction to hear any question respecting the interpretation of this
Constitution including the determination of: the question whether any law is inconsistent with or
in contravention of the Constitution, the question whether anything said to be done under the

authority of the Constitution or of any law is inconsistent with, or in contravention of the
Constitution, any matter relating to constitutional powers of State organs in respect of county
governments and any matter relating to the constitutional relationship between the levels of
government, and a question relating to conflict of laws under Article 191;any other jurisdiction,
original or appellate, conferred on it by legislation.
v The High Court does not have jurisdiction in respect of matters reserved for the exclusive
jurisdiction of the Supreme Court under this Constitution or falling within the jurisdiction of the
courts contemplated in Article 162 (2).
vi The High Court has supervisory jurisdiction over the subordinate courts and over any
person, body or authority exercising a judicial or quasi-judicial function, but not over a superior
court. Also being a Superior court of record means that the decisions of the High Court as
precedents, are binding on the subordinate courts by the doctrine of stare decisis.
vii Although High Court has unlimited original jurisdiction in civil and criminal cases in
actual practice, it will hear those criminal cases which cannot be tried by the subordinate courts
i.e. murder and treason whereas in civil cases, it has jurisdiction where the value of the subject
matter, in dispute exceeds Kshs. 500,000.00. The High Court has power to pass any sentence
authorized by law.
viii In addition to the ordinary civil and criminal jurisdiction or the High Court, there are other
matters, which can only be heard by the High Court. Thus, the High Court enjoys special powers
and jurisdiction in the following matters as conferred to it by the constitution and other
legislations some of which are given hereinafter:-

High Court Special Powers
1. Supervisory Jurisdiction
The Constitution confers specific, powers on the High Court to exercise supervisory jurisdiction
in any civil and criminal proceedings before subordinate courts and may make such orders, issue
such writs and give such directions as may consider appropriate for the purpose of ensuring that
justice is duly administered by such courts. This includes the power of the High Court to transfer
proceedings from one court to the other.
To invoke the supervisory jurisdiction of the High Court a person must have exhausted all other
available remedies and right of appeal. In exercise of its supervisory powers under judicial
review, the high court may issue any of the prerogative orders of:
 Mandamus – The literal meaning of mandamus is “we command”. This is an Order
issued by the High Court to any person or body commanding him or them to perform a
public duty imposed by law or state. The order is available to compel administrative
tribunals to do their duty e.g. to compel a licensing board to issue a license on application
of him who has met the prescribed criteria.
 Certiorari – The term means to “be informed”. This is an Order issued by the High Court
directed at an inferior court body exercising judicial or quasi-judicial functions to have
the records of the proceedings presented to the High Court for the purposes: To Secure an
impartial trial, To review an excess of jurisdiction, To challenge an ultra vires act, To
correct errors of law on the face of the record. To quash a judicial decision made against

the rules of natural justice. An order of certiorari will be wherever anybody of persons
having legal authority to determine questions affecting the rights and having a duty to act
judicially, acts in excess of their legal authority. It therefore serves to quash what has
been done irregularly.
 Prohibition – This is an order issued by the High Court to prevent an inferior court or
tribunal from hearing or continuing to hear a case either In excess of its jurisdiction or in
violation of the rules of natural justice.
 Writ of Habeas corpus – Harbeas corpos means „produce the body‟, dead or alive. This
order is issued where the personal liberty of a person is curtailed by arrest and
confinement without legal justification. By issuing this order, the High Court calls upon
the person holding the body to answer by what authority are they continuing to withhold
the individual and with the aims at securing release of such persons held apparently
without legal justification.
2. Interpretation of the constitution
The Constitution provides that where any question as to the interpretation of the constitution
arises in any proceedings in any subordinate court, and the court is of the opinion that the
question involves a substantial question of law, the court may, and shall if any party to the
proceedings so requests, refer the question to the High Court. The High Court shall be composed
of an uneven number of judges, not being less than three when it determines the constitutional
question referred to it. The decision of the High Court is binding on the Court that referred the
question to the High Court and it must dispose of the case in accordance with the High Court‟s
decision.

3. Admiralty Jurisdiction
Section 4 of the Judicature Act Chapter 8 (1967) provide that the High Court will act as a court
of admiralty and will decide “matters arising on the high seas or in territorial waters or upon any
lake or other navigable inland waters in Kenya”. The law applicable to be exercised “the
conformity with international law and the comity of nations”.
4. Election jurisdiction
Under the National Assembly and Presidential Election Act, the High court has special powers to
hear and determine disputes arising from the national electoral process. The High Court may
make an order as it deems fit, including the nullification of the election results upon hearing of a
petition presented to it by a voter or loser in the election.
For the High Court to nullify the election of a Member of Parliament, the petitioner must prove
that an election offence has been committed. The composition of the High court is that one (1)
Judge sits to determine dispute in parliamentary election while Three (3) Judges must sit if it is
presidential election. Any appeal on the High Court decision on Presidential election goes to the
Court of Appeal where at least five (5) Judges will sit to determine the appeal. Disputes in the
election of councilors go to subordinate courts.
5. Succession/Probate Jurisdiction
The Probate Division of the High court has jurisdiction to hear any application and determine
any dispute and pronounce such decree and issue such orders as my be expedient in inheritance

matters e.g. the High Court may issue probate i.e. a person has been validly appointed by a will
to administer the property of the deceased.
6. Matrimonial Cases
The court exercises jurisdiction in divorce matters. In exercise of its matrimonial jurisdiction, the
High Court may issue orders for:
 Dissolution of marriage.
 Nullity of marriage.
 Separation and maintenance (alimony).
 Custody, adoption and guardianship of infants
 Spousal Property and financial adjustments etc.
7. Other powers
 To protect and enforce Fundamental rights and Freedoms of individuals which are set out
in Chapter Four of the Constitution also otherwise referred to as Bill of Rights.
 To hear and determine Bankruptcy proceedings.
 To supervise winding up of dissolved companies.
SOURCES OF KENYAN LAW
The primary sources are enumerated in Section 3 of the Judicature Act (Chapter 8 Laws of
Kenya), and they include:

I. The Constitution
II. Acts of Parliament
III. Specific Acts of Parliament of the United Kingdom
IV. Certain Acts of Parliament of India
V. English Statutes of General application in Force in England on 12th August 1897
VI. The Substance of Common Law and Doctrines of Equity
VII. African Customary Law
VIII. Islamic Law
IX. International Instruments
INTRODUCTION TO ETHICS: MEDIA ETHICS; BASIC ETHICAL THEORY;
HISTORICAL PERSPECTIVES ON ETHICS;
ETHICS
Ethics has to do with good. Therefore Ethics deals with the values a person ought to cultivate,
prescribes what ought to be done or our duties and obligations.
Ethics as an area of study looks at alternatives to what is good or bad, desirable or unwelcome,
goo or right.
It deals with virtues and the desire towards the ideal, excellence; acquire virtues in character and
social conduct. It largely depends on you as an individual and conscience as a person and your
conduct.

However, organizations or institutions also have codes of ethical standards or ethics which must
be followed by their members. Ethics is not about religion, not a set of prohibitions (do‟s and
don‟ts) designed to stop people from having fun, it is not an ideal system that is good in theory
but almost unrealistic. Ethics cannot be enforced by law in law courts.
MEDIA ETHICS
Media ethics is a branch of ethics that provides or deals with moral principles or norms that
guide the media and communication process. In a word, it provides media owners and
communicators with tools on which to base their decisions and actions as they engage in the
process of sending messages from source to receiver.
Communication and media actions affect other people therefore we must observe ethical
standards when communicating. Ethics ensures that communication is done in a responsible way
or manner. It ensures that communicators achieve maximum good in their work.
BASIC ETHICAL TEHORY
Ethical Theories
Theories are ways of explaining phenomena. Theories of ethics are ways of explaining ethical
orientations. Okunna (1995:9) points out that ethical theories generally attempt to do one or a
combination of the following: explain, describe, prescribe or predict ethical behaviour or
standards. They are explanatory when they give reasons why humans take whatever moral
decisions in their dealing with others. They are descriptive when they tell us the nature of ethics
in general. They are prescriptive when they stipulate how people should behave in certain ethical
situations. They are predictive if they indicate how people are likely to behave under certain
ethical situations.

There are two branches of theories in Ethics;
a) Teleology- they define the rightness or goodness, the wrongness or badness in something
based on the outcomes or consequences.
What makes an action right is determined by the consequences- the situation determines the
action- the end justifies the means- examples here would include egoists, utilitarianism
According to Wikipedia, A thing, process, or action is teleological when it is for the sake of an
end, i.e., a telos or final course.
In a way, people exhibit extrinsic finality when they seek the happiness of a child. If the external
thing had not existed that action would not display finality.
example, one might try to be happy simply for the sake of being happy, and not for the sake of
anything outside of that.
b)Deontology-They base their judgement on law, rules and procedures that have been set and
accepted by a group of people sharing some common things- Bible, Quran.
An action is ethical as based on both the act and the impact or consequence
Deontological ethics or deontology (from Greek deon, "obligation, duty"; and -logia) is the
normative ethical position that judges the morality of an action based on the action's adherence to
a rule or rules. It is sometimes described as

"duty" or "obligation" or "rule" -based ethics, because rules "bind you to your duty".
Natural Law Theory
Natural law ethical theory derives from the dictates of reason. Its adherents do not have to
believe in God, but believers and unbelievers alike can converge on an ethical middle ground
based of reason.
According to Pasqua et. al.(ibid: 261), most great national and international documents of the
20th Century, such as the United Nations charter, are based on natural law ethical theory. Also,
most of the rights now enjoyed universally by individuals and the media derive from natural law.
John Hospers, a contemporary philosopher divides these basic rights into six. They are:
1. Right to life
2. Right to property
3. Freedom of expression
4. Welfare rights
5. Rights of children, and
6. Rights of animals
HISTORICAL PERSPECTIVES ON ETHICS;
a)ETHICAL EGOISM: EPICURUS

Ethical egoists say that people care only about themselves, that everybody is looking out for
number one. Everyone should promote his or her own self-interest. The boundaries of an egoist‟s
ethical system include only one person.
Writing a few years after Aristotle‟s death, Epicurus defined the good life as getting as much
pleasure as possible: “I spit on the noble and its idle admirers when it contains no element of
pleasure.“
Philosophers including Thomas Hobbes have echoed the Epicurean call for selfish concern.
Hobbes described life as “nasty, brutish and short,” and advocated political trade-offs that would
gain a measure of security.
Adam Smith, advised every person to seek his or her own profit. Nietzsche announced the death
of God and stated that the noble soul has reverence for itself.
b)UTILITARIANISM: JOHN STUART MILL
John Stuart Mill shared the egoist‟s concern for outcomes, regarding an act as good or bad
depending on its consequences.
As between his own happiness and that of others, utilitarianism requires him to be as strictly
impartial as a disinterested and benevolent spectator. Mill urged readers to seek the greatest
happiness for the greatest number.
“To do as you would be done by,” and “to love your neighbor as yourself,” constitute the ideal
perfection of utilitarian morality.

The example points up a number of problems with judging the utility of an act. Mill would ask
us to cast a wide net when computing pleasure and pain, but it‟s impossible to figure out all the
consequences ahead of time.

c)THE CATEGORICAL IMPERATIVE: IMMANUEL KANT
German philosopher Immanuel Kant took an entirely different approach to ethics. Whereas they
cared about consequences; he was concerned with the demands of reason and the moral law.
Whereas they regarded an act as good or bad according to how things turned out. Kant heads the
list of philosophers who define an act as right or wrong-regardless of the outcome.
Kant regarded violations of ethical duty as a fate worse than death, no matter whose life is at
stake.
Kant came to this absolutist position through the logic of his categorical imperative, a term
which means “duty without exception.”
Kant‟s categorical imperative equates duty with right reason. We are obliged to do what reason
dictates.
Kant claimed that all duty is absolute. He couldn‟t conceive of a situation where universal
obligations would fundamentally conflict.
d)JUSTICE AS FAIRNESS: JOHN RAWLS
John Rawls‟ theory of justice doesn‟t depend on intuition to determine what is right. The modern
American philosopher assumes that, given a fair procedure for reaching a decision, rational
people would agree to give each other equal amounts of liberty-as much freedom as possible. But
differences in status, power, wealth, and intelligence give some privileged members of society
unequal clout when the moral ground rules of society are hammered

In order to discover ethical rules that would promote freedom for everybody, Rawls creates the
fiction of an ethical discussion held before we enter the world. Everyone would be required to
agree on binding rules of behaviour before they had any idea of which place in society they
would occupy. It‟s his way of defining an ethical system that won‟t leave anyone out. Rules
could not be tailor-made to serve selfish ends because it‟s hard to be self-serving
e) THE GOLDENMEAN: ARISTOTLE
The theories discussed up to this point are concerned with ethical behavior. Does an act produce
good or bad? Is it right or wrong to do a certain deed?
Aristotle sees wisdom in the person who avoids excess on either side.
Moderation is best: virtue develops habits that seek to walk the middle way.
He calls that path the “golden mean.”
In regard to communication, Aristotle held that “falsehood is in itself mean and culpable, and
truth noble and full of praise.“9 This doesn‟t suggest that a person must voice every unspoken
thought. To use speech, then, for the purpose of deception, and not for its appointed end, is a sin.
Nor, are we to suppose that there is any lie that is not a sin because it is sometimes possible, by
telling a lie to do service to another.„ the truth in each situation, no matter how painful the human
consequences. Unlike Kant, Augustine does recognize gradations in the seriousness of lies. Lies
aimed to help others aren‟t as bad as those which aim to hurt.
f) DIALOCIC ETHICS: MARTIN BUBER
Martin Buber was a Soviet Jewish philosopher and theologian who immigrated to Palestine prior
to World War II and died in 1965.

His ethical approach focuses on relationships between people rather than on moral codes of
conduct. Often referred to as “Kant with a heart,” Buber used poetic language to convey the
importance of our attitude toward another person:
Buber believed that true dialogue between persons is the essence of ethics. He constantly
referred to the “between,” the “inter-human,” the “transaction,” and the “mutuality” available
through dialogue.
Monologue creates an I-It relationship that treats the other as a thing. Dialogue creates an I-Thou
relationship in which the other person is seen as created in the image of God. He agreed with
Kant that people are ends, not means.
We have an ethical responsibility to use things and value people rather than the other way
around.
Buber used the image of the “narrow ridge” to picture the tension of dialogic living. On one side
of the moral path is the gulf of subjectivism where there are no standards.
On the other side is the plateau of absolutism where rules are etched in stone: “On the far side of
the subjective, on this side of the objective, on the narrow ridge, where I and Thou meet, there is
the realm of the Between Living the narrow-ridge philosophy requires a life of personal and
interpersonal concern, which is likely to generate a more complicated existence than that of the
egoist or the selfless martyr.
g)A DIFFERENT VOICE: CAROL GILLIGAN
Carol Gilligan is professor of education in the Harvard Graduate School of Education.

Her 1982 book, In a Different Voice, presents a theory of moral development which claims that,
when they confront moral dilemmas, women tend to think and speak in an ethical voice different
from that of men.
Gilligan says that men who are serious about ethics tend to echo the call of Kant, Ross, and
Rawls to fulfill one‟s duty, be fair to others, and do the right thing.
If it was Stan rather than Stacy who faced the four moral dilemmas posed at the start of the
chapter, he‟d likely make his ethical choices on the basis of personal rights, group obligations, or
universal laws.
For example, he would probably conclude that he ought to be honest on the class evaluation form
regardless of the consequences for the teacher.
Gilligan contrasts women who care with men who are fair on the basis of the quantity and
quality of feminine relationships. Individual rights, equality before the law, fair play, a square
deal-all these ethical goals can be pursued without personal ties to others. Justice is impersonal.
But sensitivity to others, loyalty, self-sacrifice, and peace making all reflect interpersonal
involvement
PRESS FREEDOM AND ETHICS
Journalists must be aware of the basic principles of law affecting their calling. Laws that affect
the media in most African countries are largely derived from the common law or civil law.
Laws differ by country
Legal problems that affect journalists as they go about their profession relate to such issues as:

DEFAMATION LAWS AND CONVENTIONS
The law of defamation exists to take care of violations of people‟s
reputation. Every citizen is supposed to value his/her reputation. The
law backs citizens up so that their hard-earned reputation is not
needlessly damaged by others, including journalists. Simply put,
defamation refers to injury to one‟s reputation which tends to expose the
person to odium, hatred, contempt or other negative things. Such
negative things have the capacity to induce evil opinion and to deprive
one of confidence and friendship in society. The defamation law tries to
ensure that one‟s reputation in the eyes of the public is not damaged.
The difference between defamation and privacy is that while defamation
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JLS 722 PUBLICATION LAYOUT AND DESIGN
relates to how others perceive you, privacy has to do with your personal

sense of self-esteem.
Defamation is a generic term, and there are two broad ramifications,
namely Libel, which is written defamation, and slander, which is spoken
defamation. You would agree that as people concerned with print
production, our main concern should be libel.
Libel occurs when one‟s reputation is injured in writing. There are two
types of libel. The first is libel per se, that is, self evident libel that
requires no further proof. On the other hand, libel per quod refers to
libel by innuendo or insinuation. Further proof is required in this case.
There is also a difference between civil libel (tort) and criminal libel.
The latter is considered as a crime against the state, while the first deals
with breaches involving individuals or organizations. The first one
(criminal libel is the basis of the law of sedition.
In law, libel is considered as a personal thing, and only the offended
person is entitled to sue; his friends, colleagues, associates, family, etc,
cannot sue on his behalf.
There are four essentials ingredients in libel. These are:
(a) Publication
This means that the offending matter must have been published. If it is
not published, (within the accepted meaning of terms), then a case of
libel cannot be proved.
(b) Identification
This means that the offended person must have been identified in the

offending publication. Identification can be per se or per quod. If it is
per se it means that further prove is not required because it is evident. If
it is per quod, it requires further proof because, it is implied or through
an innuendo. This applies in the case of cartoons and other forms of
indirect reference.
(c) Harmful Effect
This refers to the effect of loss of reputation. The effect may be loss of
friends, being disowned by colleagues, ostracism or loss of other
privileges, consequent upon the publication of the offending libelous
material.
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(d) Third Party
A third party must be involved in libel. This means that apart from the
person who published the libelous material and the person claiming to
have been libeled, somebody else must have read the publication. This
implies that his opinion of the person libeled would have been affected
by the publication.
Where any of the above is missing, the case cannot be won.
Malice as a Factor in Libel
Malice refers to wrongful intention which the law presumes to
accompany an unlawful act, including libel. Malice does not necessarily

mean personal spite or ill will. It may exist even though there is no spite
or desire for vengeance in the ordinary sense. Any indirect motive other
than a sense of duty is what the law calls malice. It means making use of
the occasion for some indirect purpose. For example, in a case involving
Chief Olusegun Obasanjo and the defunct National Concord, it was
noted that in spite of opportunities which the newspaper had to make
corrections, it did not do so. This was seen as an evidence of malice.
· Defences for Libel
(a) Justification or Truth
These, according to lawyers, are complete defences in a libel suit
provided there is no malice. If what was published was the truth, then
the reporter as well the sub and other colleagues charged have nothing to
fear. The onus lies upon the aggrieved party to prove that there is
falsehood and malice in the publication. It must be noted, however, that
if the publication published the words complained about out of context,
the plea of justification will not be tenable.
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(b) The Defence of Fair Comment/Criticism
This exists under certain conditions. But first, what is fair comment? In
the case of Gyang versus Ilyasu (1977) fair comment was defined as „…
the dispassionate expression of opinion based on facts correctly stated‟.
Similarly, in a case involving one Williams and the defunct West

African Pilot as reported in the All-Nigeria Law Report(1961) page 866,
it was held that in a defence of fair comment „ the facts on which the
comment is based must be truly stated, otherwise, the question whether
the comment is fair or is honestly made cannot arise‟. An example here
will drive home the point. Let us assume that without justification, a
newspaper reports that a married male university lecturer had a love
affair with a female student. The report is libelous, and the defence of
fair comment will not be available to the newspaper if the basic facts of
the love affair cannot be established as true.
In another case involving Benson and The West African Pilot, it was
held that the publication of defamatory remarks is libelous, even when
attributed to an identifiable source.
(c) The Defence of Absolute/ Qualified Privilege
If a reporter reports what is said in a law court (even if it is defamatory),
he is not liable, provided that the report is fair, contemporaneous and not
malicious. This provision of the law is meant to facilitate the free flow
of information- usually from official sources, to the public.
Reporters also enjoy qualified privilege when covering proceedings at
the parliament. In the Nigerian case, this applies to journalists covering
the National Assembly as well as the Statehouses of Assembly
nationwide.
(d) Unintentional Defamation
In law, this constitutes a complete but conditional defence. The

publication must prove that the alleged libel was unintentional and that
no malice was intended.
(e) Defence of Apology
If a publication apologises and retracts the story, the case of libel may
not be established. In some cases, some money is paid as was the case of
Akintola versus Anyiam some years ago. To prevent the
embarrassment and odium that usually follows retraction and apology, it
is very important for reporters and sub eds to ensure that libelous
materials are not published.
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(f) Accord and Satisfaction
Rather than await court trial, a publication may approach the offended
party for peaceful settlement. When an accord is reached between the
parties and they are satisfied, it constitutes a defence in a case of libel.
(g) Statute of Limitation
This requires that action on libel must commence within six years of
defamation. After that, the allegation may become void
(h) Mitigation
If your publication is found guilty of libel, a plea can be made for the
mitigation of sentence. The most common plea is retraction and
apology. The publication retracts the libelous publication and goes
ahead to apologise. This is like eating one‟s words. It is better to avoid

this kind of situation. Reporters and sub-eds need to scrutinize the
contents of copy to avoid this unsavory situation at the end of the day.
Shield Laws
 Law that provides a journalist the right to refuse to testify information and/or the sources
of information obtained from newsgathering. The first state shield law was enacted in
Maryland in 1896 after a reporter, John Morris from The Baltimore Sun, was jailed
for refusing to reveal a source for a Grand Jury. crises like this have been
happening like clockwork every 35 years, each time resulting in the imprisonment of
a reporter. each time sparking a call for a change in the law to protect Journalists.
Still, there is currently no national shield law, only different variations of shield laws in
each individual state. Some forms of which include:
a) protects identity of sources
b) info that might lead to the identity of sources
c) unpublished info obtained during newsgathering process
d) DOES NOT necessarily protect all online publishers, such as bloggers, or amateur
journalists
e) Depends on whether case is civil or criminal
f) DOES NOT offer protection to parties of a case

g) Provides “absolute” protection in civil cases
h) Provides “qualified privilege” in criminal cases (court can still order disclosure of sources
or material)
i) DOES NOT include any instance in which the reporter conceals that he/she is a reporter
from the source
j) DOES NOT include any situation in which a reporter is eyewitness to or participant in
any act involving violence or property damage
k) Wording does suggest protection for amateur and non-traditional journalists, such as
bloggers
l) Protects only “professional journalists”
m) Book authors specifically excluded from protection
n) Wording of law is unclear for online news publication
o) DOES NOT include physical evidence, eyewitness accounts or recordings of crimes
p) FL shield law is more qualified privilege, because a court can still force a reporter to
reveal info in some cases, civil or criminal
q) Shield laws apply only if reporter receives a subpoena as part of a Grand Jury proceeding
or as part of a criminal investigation
r) DOES NOT give protection for civil cases
s) DOES NOT apply when a criminal defendant seeks information from a reporter

t) Covers amateurs and non-traditional journalists
Proposed National Shield Law
a) Freedom of Information Act (2007)- “AN ACT to maintain the free flow of information
to the public by providing conditions for the federally compelled disclosure of
information by certain persons connected with the news media.”
• A court determines by overwhelming evidence that all other reasonable sources have
been exhausted
• The information sought is critical to the investigation or prosecution or defense against
the prosecution
The public interest in disclosing the information outweighs the public interest in gathering or
disseminating it as news
b) Privacy Protection Act (PPA) (1980
Prohibits government officials from searching or seizing the documents of people "reasonably
believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other
similar form of public communication."
Can be seized if there is probable cause to believe the publisher is involved in the criminal
offense.Forces law enforcement to use subpoenas to obtain evidence from journalists, due to
protection from the first amendment.

TRUTH TELLING AND OBJECTIVITY
Objectivity: What it means
Objectivity is the state of being objective. To be objective means not influenced by personal
feelings or opinions, that is to say, fair. In the original journalistic sense objectivity required that
the journalist kept himself out of his report by not injecting his emotion, personal opinion and
bias into the news report. But this is very difficult, if not impossible. Since journalists may be
required to offer interpretation and explanation of the issues they write about, they may
consciously or unconsciously inject their own personal opinions and understanding of the issue.
In fact, if the mass media should pursue objectivity at all cost, the media audience will be
shortchanged. In the current practical sense, therefore, objectivity means presenting all sides of
an issue fairly, honestly and impartially, and allowing the audience to judge. This is easier said
than done.
Can Objectivity be achieved?
_ _ _ _ ______ _ ___________
Objectivity is the spirit of scientific inquiry. Thus those in the physical sciences say that the
object of scientific inquiry is the “external objective reality” and not subjective beliefs and
values. Objectivity to the scientist means that knowledge is obtained through a rigorous
observation of events or phenomena, from an external objective reality.
But to what extent can objectivity be achieved when the subject of analysis is human beings and
human affairs, even journalism? In other words, is objectivity possible in journalism? Donald
McDonald, a journalism professor and former editor illuminates the discussion with the
following long statement:

When the reporter moves from relatively uncomplicated, concrete, even physical phenomena
into the realm of the abstract and the complex, - i.e., studies, conferences,
programmes, policies on urban affairs, race and ethnic relations, foreign and military affairs,
economic and fiscal conditions, the administration of criminal justice, cultural ferment, youth
unrest, population problems, environmental issues, politics and government, - the value
judgments he must take at every critical stage in his investigation of the facts must reflect the
values he already holds. Again, these values flow from his personal history. They are the
products of his education, his religious experience, his childhood, family life, social and
economic background, friendships and associations, national ties and culture, as well as his
emotional life and experiences and his reason. The question then arises:
Can journalists rise above natural allegiance to their nation, to their race, to their region, to their
religion, to their beliefs, and report the realities unescorted by partisan euphemism? Your guess
is as good as mine. We shall next see the traditional obstacles to objectivity in journalism.
Obstacles to Objectivity
Journalistic objectivity can be hindered by any of the following factors:
i. Limited space
ii. Laziness on the part of the reporter
iii. Lack of openness on the part of one party to a controversy.
iv. Conflict of interest
v. Advertiser pressure
vi. Government pressure

What is Truth?
Truth is a philosophical concept which has been defined in many ways.
A well-known definition of truth is that it is the objective reality which corresponds with that
reality, (The New Caxton Encyclopedia, Vol. 18, 1969: 5764). However, this definition may be
faulted by arguing that objective reality itself is elusive.
Another definition of truth is that it is a network of coherent statements.
Thus, a statement is considered as true if it coherent with true statements (Ibid). Again, this
approach may be faulted on the ground that there are different kinds of truth and different
systems of coherent statements, which may not be consistent with one another.
The third approach to the definition of truth is the pragmatic model, which sees truth as “what
works”. But, again, the problem with this approach is that what works in one situation may not
work in another.
Even in the absence of any water-tight definition of truth, yet there is a general understanding of
what truth means. You can call it the common sense approach. The ordinary meaning of truth is
the absence of falsehood or lies. A lie on its part is the deliberate misrepresentation of reality in
order to deceive. Truth abhors misrepresentations. A half-truth is a lie, for all practical purposes.
A journalist is committed to telling the truth. But, how can he achieve this? Okunna (1995: 41)
explains that this has to do with the publication of factual information. At best, this is just one
way of ensuring truth.
However, we know from practical journalistic experience that factual information may not
necessarily be the truth. Let us illustrate as follows.
Suppose that as a reporter you obtain a scoop that there was a fire at a factory. But before you
got there some of the damaged items have been evacuated from the building. You are not

allowed into the building to see the extent of damage. The Public Relations Officer of the
company addresses a press conference later to admit that, indeed, there was a fire but not much
damage was done. But an inside anonymous source informs the reporter that much damage had
actually been done by the fire, and that indeed, lives were lost.
If the reporter goes ahead and writes what the P.R.O told him, he would be reporting the fact.
But is that the truth? In this case, the fact as given by the P.R.O is only a tip of the iceberg. The
truth is the entire iceberg.
Indeed, the fact as handed out to the media is often not the truth. Only independent and free
inquiry can produce the truth. But then, not all truths can be published.
Publishable Truths
It has been pointed out above that not all truths are publishable. The truth to publish must be “fit
to print”, as it were. In other words, it must satisfy the following conditions:
a. It must be of public interest. In module 2 we defined public interest as any event,
issue or development which, in the judgment of the working press, deserves to be
brought to the knowledge of the mass audience.
b. It must not undermine national security. A good journalist must be patriotic
enough to protect the security, unity and progress of this nation.
c. It must not offend good taste and public morality. It must be added here that the
decision as to what satisfies the above considerations may differ from editor to
editor. But it is the thrust of the social responsibility theory of the press that truth
at all cost will not augur well for any society, but that the mass media must render
certain obligations to the society.

Un-publishable Truths
On the other hand, un-publishable truths are truths that are not of public interest. For example,
the fact that this writer ate bread with sardine this morning is his private affair and not of public
interest. If the writer is a newsman, he would not have to “inflict” the information on the readers
since it is of no use to them.
Another example of un-publishable truth is truth that undermines national security, or national
cohesion or truth that may be considered blasphemous by any religious group.
Much has already been said about national security. Regarding blasphemy, we know that people
generally get emotional about their religion and many riots have been caused by religious groups
who claimed that their religions had been blasphemed by the mass media.
Traditional journalism counsels that newsman should exercise utmost caution when writing
about the 3Rs, to wit, Race, Religion and Region.
Of course, texts and images that are vulgar or obscene should not be published even if they are
true. These are just a few of un-publishable truths. Otherwise, the truths to be published and
those not to be published are generally dictated by the conventions of each mass medium, and
journalists become acquainted with them as they make progress in the profession.

ADVERTISING:
ETHICAL ISSUES IN ADVERTISING
Adverts are meant to persuade readers to do something-usually to buy products
Adverts ensure this through- capturing attention, focusing interest, crystallizing desire and
motivating to action
Some people use unethical approaches in advertising
Deception-Its exists when
consumers
Code of Ethics
s should never portray as desirable any practices considered unacceptable

use of language
- a child will be more acceptable
by his/her peers or vice versa
without
ETHICAL ISSUES IN PUBLIC RELATIONS
The art and science of building relationships between an organization and its key audiences or
public. PR is management function of establishing both internal and external communication
within and outside the organization. Given that it‟s the major tool creating links with the publics,
it should be done in a very professional way to enable the firm deal ethically with the public and
clients. The 2 underlying principles are
PRO guys must have a will to be ethical. They must make every effort to avoid actions that will
have adverse consequences for others
The principles for positive public relations remain the same:
visibility

The primary job in public relations, is to give people something new and more accurate to
perceive so that they can draw a new and more favorable conclusion.
PR is a planned activity that involves strategy .First there is the establishment of goals and
objectives. We know what the problem is and now we determine the outcome we are looking for.
Second, it involves to plan actions and responses that will help reach these goals and objectives.
-Choosing effective communication- actual production of activities by choosing the type of
communication that will best serve our purpose. Will it be the spoken word, a print campaign, or
news releases that will convey our message? Will we use spokespersons, or create a familiar
theme or a visual image that will catch people‟s attention?
PR – always looking for space to have their articles published by the media- They will use
inducements, sponsor stories or field trips to ensure they get positive coverage.
COPYRIGHT
The copyright system is explained in detail in the
Copyright Act of , which became effective on January 1,1978. This act was the first
general revision of the copyright law of the United States since 1909. It made a number of
changes in our copyright system, and for the most part, supersedes the previous federal copyright
statute.
Definition -Copyright, according to the act, is a form of
protection provided by the federal government to the authors of “original works of
authorship fixed in any tangible medium of expression, now known or later
developed, from which they can be perceived, reproduced or otherwise communicated,
either directly or with the aid of a machine or device.”

Works of authorship include the following categories: Literary works
Musical works, including any accompanying words
Dramatic works, including any accompanying music Pantomimes and choreographic works
Pictorial, graphic and sculptural works Motion pictures and other audiovisual works Sound
recordings It should be noted, however, that “copyright protection for an original work of
authorship does not extend to any idea, procedure, process, system, method
of operation, concept, principle or discovery, regardless
of the form in which it is described, explained, illustrated or embodied in such work.”
Some other categories of material generally not
eligible for statutory copyright protection include the following: Works that have not been
fixed in a tangible form of expression; for example, choreographic works
that have not been notated or recorded, or improvisational speeches or performances that
have not been written or recorded Titles, names, short phrases and slogans; familiar
symbols or designs; mere variations of typographic ornamentation, lettering or coloring;
mere listings of ingredients or contents Works consisting entirely of information that is
common property and containing no original
authorship; for example, standard calendars, height and weight charts, tape measures and
rule and lists or tables taken from public documents or other common sources Where copyright
protection applies, it is available to both published and unpublished works. The
Copyright Act generally gives the owner the exclusive right to do and to authorize others to do
the following: To reproduce the copyrighted work in copies or phonorecords (phonorecords, for
the purpose of this section, refers to material objects embodying fixations of sounds, such as
cassette tapes, CDs or LPs) To prepare derivative works based upon the copyrighted work

To distribute copies or phonorecords of the copyrighted work to the public by sale or
other transfer of ownership or by rental, lease or lending To perform the copyrighted
work publicly in the case of literary, musical, dramatic and
choreographic works, pantomimes, motion pictures and other audiovisual works To display
the copyrighted work publicly in the case of literary, musical, dramatic and choreographic
works, pantomimes and pictorial, graphic or sculptural works, including the
individual images of a motion picture or other audiovisual work
LIMITATIONS
It is illegal for anyone to violate any of the rights
provided to the owner of copyright by the act. These
rights, however, are not unlimited in scope. In some cases, these limitations are specified
exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is
now given a statutory basis by section 107 of the act, which states: the fair use of a copyright
work, including such use by reproduction in copies or
phonorecords or by any other means specified (in section 106 of the act), for purposes
such as criticism, comment, news reporting, teaching (including multiple copies for classroom
use), scholarship or research is not an infringement of copyright. In determining whether the
use made of a work in any particular case is a fair use, you should consider the following factors:
1. The purpose and character of the use, including
whether such use is of a commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a
whole
4. The effect of the use upon the potential market for or value of the copyrighted work In other
instances, the limitation takes the form of a “compulsory license” under which certain limited
uses of copyrighted works are permitted upon payment of
specified royalties and compliance with statutory conditions.
INFRINGEMENT
To use any of the exclusive rights of a copyright
owner without permission is an infringement of copyright. Infringement is in violation of
the law, and as such, it is punishable by the courts.
The owner of a copyright, upon proving that an infringement has occurred, can expect to
recover from the offender any monetary loss suffered as well as any profit realized by the
offender due to the infringement.
When a copyright is infringed by or for the government, the exclusive remedy of the co
pyright owner is, with the government‟s permission, to bring suit against the States in the
Court of Claims. Government employees, including military personnel,
are not personally liable for copyright infringement occurring in the performance of their
official duties.
USE OF GOVERNMENT PUBLICATIONS
Any material published by or for the government, or any reprint in whole or in part
thereof, is generally considered to be in the public domain and
not subject to copyright laws. However, when

copyrighted material is used (with permission) in a government publication, it cannot be
reproduced by a private citizen or in another government publication
without again requesting permission from the copyright
owner. Copyrighted material in a government
publication must have a statement identifying the
copyright holder and indicating that permission has been granted for its use.
COPYRIGHT OWNERSHIP
Copyright protection exists from the time the work is created in fixed form; that is, it is an
incident of the process of authorship. The copyright in the work of
authorship immediately becomes the property of the author who created it. Only the author or
those deriving their rights through the author can rightfully claim copyright. In the case of
works made for hire, as is the case when military personnel or civilian employees of the
federal government author a “work” on government
time, the employer and not the employee is
presumptively considered the author. Section 101 of the copyright statute defines a “work
made for hire” as the following:
1. A work prepared by an employee within the scope of his employment.
2. A work specially ordered or commissioned for use as a contribution to a collective work,
as a part of a motion picture or other audiovisual work, as a translation, as a supplementary
work, as a compilation, as an instructional text, as a test, as answer material for a test or as an
atlas, if the parties expressly agree in a written instrument signed by them that the work shall be
considered a work made for hire. The authors of a joint work are co-owners of the

copyright in the work unless there is an agreement to the contrary.
Copyright in each separate contribution to a
periodical or other collective work is distinct from copyright in the collective work as a
whole and vests initially with the author of the contribution. Mere ownership of a book,
manuscript, painting or any other copy or phonorecord does not give the possessor the
copyright. The law provides that transfer
of ownership of any material object that embodies a protected work does not of itself
convey any rights in the copyright. Minors may claim copyright, but state laws may
regulate the business dealings involving copyrights owned by minors.
COPYRIGHT AVAILABILITY
Copyright protection is available for all
unpublished works regardless of the nationality or domicile of the author.
Published works are eligible for copyright
protection in the United States if any one of the following conditions is met: On the
date of first publication, one or more of the authors is a national or domiciliary of the
States or is a national, domiciliary or sovereign authority of a foreign nation that is a party to
a copyright treaty to which the United States also is a party or is a stateless person
wherever that person may be domiciled. The work is first published in the United States
or in a foreign nation that, on the date of first publication, is a party to the Universal
Copyright Convention; or the work comes within the scope of a presidential proclamation.
The work is first published on or after March 1, 1989, in a foreign nation that on the date of first
publication, is a party to the Berne Convention; or, if the work is not first published in a country
party to the Berne Convention, it is published (on or after March 1, 1989) within 30 days of first

publication in a country that is party to the Berne Convention. The work is first published on or
after March 1, 1989, and is a pictorial, graphic, or sculptural
work that is incorporated in a permanent structure located in the United States; or, if the
work, first published on or after March 1, 1989, is a published audiovisual work and all the
authors are legal entities with headquarters in the United States.
SECURING A COPYRIGHT -The way in which copyright protection is secured under the
present law is frequently misunderstood. No
publication or registration or any other action in the Copyright Office is required for
copyright to be secured under the new law.
REGULATION FOR BROADCASTING
Mass Media and Regulation
All over the world, governments regulate various fields of human endeavor. Thus, banking,
education, health care delivery, hotels, etc., are regulated. This means these industries are
provided with basic structures for their operation. The mass media industry is equally regulated.
However, because of the peculiar nature of the mass media as vehicles for free expression, which
is a fundamental human right, government is careful to regulate the media only to the extent
consistent with the expectations of a democratic society. Thus, over-regulation of the media will
stifle free expression and give rise to underground press and even rebellion.
Malemi (1999: 32) identifies four formal regulatory mechanisms of the mass media as follows:
a) Constitutional provisions

b) Statutes
c) Ethical guidelines
d) Informal restraints
a) Constitutional Provisions- The 1999 Constitution of the Federal Republic of Nigeria, Section
39.
b) Statutes (e.g. The Official Secrets Act, Laws of Sedition, Contempt, Obscene and Harmful
Publications Act, Defamation, Copyright, Advertising laws, National Broadcasting Commission
(NBC) Code, Newspaper Act, etc.
c) Ethical Guidelines
Professional bodies provide mechanisms for the regulation of their members, each having a
constitution and a code of ethics.
d) Informal restraints
Examples are beat associations and other informal arrangements which impose certain demands
on members.
REFERENCES
Text Books Sources
Ashiq Hussein (2003). A Textbook Of General Principles And Commercial Law Of Kenya; East
African Educational Publishers. Nairobi. Kampala. Dares Salaam
Josh Joseph Ogola(2005) Business Law; Focus Publications Ltd Nairobi

Tudor Jackson (1992) The Law of Kenya. „3rd Edition‟ Kenya Literature Bureau Publishers,
Nairobi Kenya.
Kibaya Imaana Laibuta. Principles of Commercial Law, Law Africa, Nairobi Kenya
Avtar Singh. Law of Contract and Specific Relief, Ninth Edition (2005), Eastern Book
Company, Lucknow-India
Marsh and Soulsby. Business Law. Eighth Edition
Keith Abbott, Norman Pendlebury and Kevin Wardman. Business Law. Eighth Edition
Hellen J. Bond and Peter Kay. Business Law, Blackstone Press Ltd. Second Edition
Electronic Sources
The Constitution of Kenya 2010: http://www.kenyalaw.org/klr/index.php?id=741 accessed on

21st August 2012
The Judiciary of Kenya: http://www.kenyalaw.org/kenyaLawBlog/?p=227 accessed 21st August

2012
Ministry of Justice and Constitutional Affairs :

http://www.gjlos.go.ke/gjinner.asp?pcat=agencies&cat=judiciary accessed on 21st August 2012
The Mars Group

Kenya: http://judiciary.marsgroupkenya.org/index.php?option=com_content&view=article&id=4
5&Itemid=37 accessed on 21st August 2012

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SCHOOL OF SOCIAL SCIENCES

DEPARTMENT OF JOURNALISM AND MASS COMMUNICATION

VIRTUAL LEARNING MODULE

UNIT CODE: DJL1313

UNIT TITLE: MEDIA LAW AND ETHICS IN COMMUNICATION

Module: Media law and Ethics in Communication 1|Page

Module: Media law and Ethics in Communication 2|Page

DPR 135: MEDIA LAW AND ETHICS IN COMMUNICATION

lawfully and ethically.

i) Discuss the legal system in Kenya

ii) Describe the ethical issues in media and communication

Court System; Legal Research.

Perspectives on Ethics; The Potter Box, Obscenity,

Restraint - Shield Laws;

Module: Media law and Ethics in Communication 3|Page

Justice, Sources and Reporters,

Chapter Five - Advertising: Regulation of Advertising; Ethical Issues in Advertising; Special

Audiences, Public Relations,

Chapter Six -Entertainment: Copyright Laws; Content Regulation;

Chapter Seven - Ethical Issues in Entertainment; Violence, Offensive Material, Censorship,

Profits and Public Trust,

Chapter Eight-Special Regulations for Broadcasting: Licensing; Content.

Teaching / Learning Methodologies: Lectures and tutorials; group discussion; Demonstration;

Individual assignment; Case studies

laboratory; design software; simulators

Don R. Pember, (2000) Mass Media Law, edition

Module: Media law and Ethics in Communication 4|Page

Module: Media law and Ethics in Communication 5|Page

from the end of that session if parliament is dissolved.

Module: Media law and Ethics in Communication 6|Page

by order made by the appropriate Minister.

of Parliament or the resignation of the Government.

Module: Media law and Ethics in Communication 7|Page

COMPOSITION OF THE LEGAL INFORMATION SYSTEM

The legal information system in Kenya falls into four categories:

a) Academic law libraries

b) Law court libraries

c) Government departmental libraries

d) Law firm libraries

a) Academic Law Libraries

libraries in law faculties in universities offering law programmes.

Module: Media law and Ethics in Communication 8|Page

b) Law Court Libraries

collections in other major court stations in the country.

Module: Media law and Ethics in Communication 9|Page

It is used only by the judges of the Court of Appeal.

c) Government Departmental Libraries

to provide information support.

d) Law Firm Libraries

Module: Media law and Ethics in Communication 10 | P a g e

LAWS AND POLICIES

have their own policies.

The Relationship between Policies and Laws

Module: Media law and Ethics in Communication 11 | P a g e

and communication of the results of the investigation.

COURTS SYSTEM IN KENYA

INTRODUCTION AND REFORMS

Module: Media law and Ethics in Communication 12 | P a g e

Module: Media law and Ethics in Communication 13 | P a g e