In the letter addressed to the Chief Executive Officer of the Media Houses, Francis Wangusi said that during this election hearing period the Authority required the media houses to avoid airing broadcast content that could create hatred and incitement hence threatening the peace and cohesion in the country. Wangusi further stated that due to the above, the Authority directed broadcasters to seize airing live coverage of political events that were taking place. He ended his one-page write-up by asking the broadcasters to confirm that they had complied with that directive.

Section 46(I) prescribes the responsibility of the media houses, Sub-section (d) stated that broadcasters were to quote, gather and present news and information accurately and impartially. Further, Sub-section (e) demanded that when controversial or contentious issues of public interest were discussed, broadcasters were to make reasonable effort to present an alternative point of view either in the same program or other programs within the period of the current interest. Banning the content according to the Act only could be determined by the Content Advisory Council which was responsible for the administration of all their broadcasting content aspects and provisions of this Act. It also provided for mechanisms of providing handling complaints and monitors compliance with broadcasting codes and ethics for broadcasters Regulations according to the Act was not an anonymous decision but rather a Council decision. Further, the Constitution granted the freedom of the media and what the State could or couldn’t do.

In Article 34 ii (a); the State would not (a) Exercise control or interfere with any person engaged in broadcasting, production or circulating of any publication or the dissemination of information by any medium. Or penalize any person for any opinion or view or the content of any broadcast, publication or dissemination. “And such kind of cases have been noticed.” The Communication Authority had never in the recent times purported to ban live broadcasts, this being the first irregular attempt with no law to back the directive of Director General Francis Wangusi.