188
CAP. 411A
[Subsidiary]
Approval of
Complaints Handling
Procedure.
Kenya Information and Communications
[Rev. 2011
(d) on 1st July of every year, submit to the Commission a written
report of all complaints received during the period and the manner
in which they were addressed.
41. (1) Every broadcaster shall, prior to the commencement of
broadcasting services submit its Complaints Handling Procedure to the
Commission for approval.
(2) In the event that the Commission does not approve the complaints
handling procedure submitted under paragraph (1), in part or in whole—
(a) the Commission shall specify the remedial measures the broadcaster
should take in order to satisfy the Commission’s requirements;
and
(b) the broadcaster shall within thirty days of being notified of the
disapproval, resubmit the revised complaints handling procedure
for reconsideration by the Commission:
Provided that in the interim, the Commission may require the broadcaster
to handle any complaints submitted during that period in accordance with the
procedure determined by the Commission.
(3) A broadcaster shall, after approval, publish its Complaints Handling
Procedure and avail it to any person who reasonably requests.
Escalating
Complaints to the
Commission.
Corr. 2010.
42. (1) Where any person alleges that he has exhausted the broadcasters’
complaints handling procedure and is not satisfied with the remedy offered or
action taken, he may appeal to the Commission and such appeal shall be dealt
with in accordance with the Dispute Resolution Regulations or such procedures
as may be prescribed by the Commission from time to time:
Provided that the Commission may, on its own motion, investigate a
matter where in its view a broadcaster has breached the provisions of the Act,
Regulations or the Programme Code.
(2) A broadcaster or the Commission shall not entertain a complaint or
dispute lodged pursuant to a broadcast after ninety days from the date when
the material complained of was broadcast;
Part VII—General Provisions
Public emergencies.
43. (1) All broadcasting service providers shall provide a public notice of
an emergency or a public disaster announcement upon the request of a person
authorized by the Government.
(2) The Commission shall prescribe, by notice in the gazette the manner
in which broadcasters shall provide information during public emergencies or
national disasters.
Offence and penalty.
44. Any person who contravenes any provision of these Regulations