Sunday, 15 April 2012

HEADLINE WRITING



HEADLINE WRITING

A reader often decides whether to read a story based on what the headline says. A headline tempts the reader to dig into the story. To do this, you, as a headline writer, must have a sense of what will attract the reader. You must have abroad vocabulary and enough versatility to say  the  same  thing  several  ways  to  make  sure  the headline will fit the space allotted for it on the page.

HEADLINE  EVOLUTION

The  first  newspaper  headlines  were nothing more than labels. A large capital letter, called an “initial letter,” may have been used to set off the first paragraph  of  each  story.  Sometimes  the  front-page headlines were one-line labels showing the origin of the news (England, France, Spain).

HEADLINE  FUNCTIONS

 The modem trend in headlines is toward simplicity. Most newspapers now use heads that say what has to be said in a minimum of words. A good headline conveys the news in  a  story  and  the  significance  and  meaning behind the story. It never implies more — and should not say too much less — than what actually appears in the story. It does not contain misleading suggestions and it does not leave false impressions. An  easy  way  to  remember  the  functions  of  the headline is through the acronym HEADS:
H  -   Heralds   the   days   news;   tells   what   is   of importance.
E - Entices the reader with essential or interesting facts.
A - Advertises the most important story by size or placement on the page (the most important stories are displayed at the top of the page).
D - Dresses up a page with typography; helps male design attractive.
S - Summarizes the story with a super lead,tells what the story is all about.

HEADLINE  STYLES

For style variation, your headlines can beset in  all-caps,  caps  and  lowercase  or  downstyle.  These methods are covered in the following text.

ALL-CAPS  HEADS -The all-capital letter headline style is almost extinct. All-caps  heads,  while  they  are  easier  to  write  than others, are the most difficult to read. To test this premise, read the following paragraph: AS THIS PARAGRAPH DEMONSTRATES, THE ALL-CAPITAL   SETTING   IS   NEITHER EFFICIENT   FOR   THE   READER,   NOR PLEASING   TO   THE   EYE.   WILLIAM RANDOLPH  HEARST  USED  TO  HAVE  KEY GRAPHS IN HIS EDITORIALS SET ALL-CAPS. I N S T E A D    O F    M A K I N G    T H E    P O I NT EMPHATICALLY,   AS   HE   INTENDED,   SUCH SETTING   ACTUALLY   CUT   DOWN   THE READERSHIP AND ITS IMPACT. Even the most patient, attentive and skilled reader will  be  blinded  by  the  onslaught  of  all  those  capital letters.

CAPS AND LOWERCASE HEADS-A widely used headline style is the uppercase and lowercase head In this headline style, all words, other than  articles,  conjunctions,  and  prepositions  of  fewer than four (and sometimes five) letters, are set with the first letter in caps and the others in lowercase.

DOWN-STYLE  HEADS The   down-style   head   usage   has   increased   in popularity  in  recent  years.  In  down-style  heads,  the  first letter of the first word— and the first letter of any proper noun — is set as a cap, and all other letters are lowercase. Down-style is presented in the way persons are taught to  read  and  write.  The  style  is  visually  attractive  and enhances the readability of the line. By design, it lacks the numerous capital letters in a headline which serve as 'eye-stoppers'.

Read on HEADLINE forms: banner,sideheads,standing heads,flush left headline etc

Writing Headlines

Headline writing requires skill and concentration. Your headline must give the essence of the story. While explaining  the  story  accurately,  your  headline  also  must fit into a limited space.
Some  copy  editors  approach  headline  writing  by looking for a key word or two that expresses the high point of the story. Then they add other words until they have a headline.

Other copy editors begin by forming a sentence that contains the essential elements of the story. Then they edit out excess words (adverbs, adjectives, articles, and so forth) and minor details until all that is left   is   a   well-tailored   headline   that   tells   the   story essentials.

Headlines are written in telegraphic  English,  a term coined because they closely resemble the wording found inmost telegrams. While the consideration in telegrams is mostly monetary, the  economical  consideration  of headlines  is  space.  Therefore, headlines usually contain — as the “bare bones” of language — a subject and verb.

A  straight  news  headline  is  written  for  a  straight news story and a feature headline for a feature story. If the story is a colorful account of some event or trip, the headline should be colorful. If the story is a romantic or dramatic account of an event, the headline should follow form. If it is a human interest story with an element of pathos, the headline should not be humorous. If the story is humorous, the headline should not be pathetic. In  the  following  text,  we  will  cover  some  of  the general  principles  of  headline  construction  practiced  by most  copy  editors.

USE OF VERBS

The   key   to   good   headline   writing   is   the   use, whenever  possible,  of  strong  action  verbs.  Headline writers  use  verbs  in  what  is  sometimes  called  the “historical  present”  tense  —  meaning  they  use  the present  tense  verb  to  describe  action  that  has  already happened. Primarily, this tense is used to convey a sense of immediacy, in the same way many people normally speak   in   the   present   tense   to   describe   exciting experiences   to   friends.   Present   tense   verbs   contain fewer letters than do their past tense forms. Verbs may be omitted when implied.

Action verbs are still best for capturing a reader’s attention. The verbs  is  and  are  are  frequently  understood.  It  is  not necessary to use them except for clarity. The infinitive “to be” is also awkward in headlines and you should avoid using it.

DECKS
 Make  each  deck  (not  necessarily  each  line)  a complete  construction.  Write  the  headline  so  it  will stand alone and make sense, especially when you use it as the main deck. Consider the following example:
Poor: Decade of off-duty study
          earns law degree to mayor
Better: Mayor earns law degree
          after decade of off-duty study


BE POSITIVE
Another  custom  most  headline  writers  observe  is phrasing headlines in a positive, rather than in a negative manner. This is based on the principle that a newspaper is supposed to tell readers what  did happen,  not  what did not happen. When  writing  about  a  family  that  escapes  injury when their car overturns and bums on a highway, a novice headline writer would probably write the following: No one hurt in car fire Given   the   same   story,   a   good   headline   writer composes the following headline: family escapes flaming death


BE  SPECIFIC
As  with  all  forms  of  newswriting,  the  use  of specifics is better than generalities. Note the following headline: Auto crash proves fatal This  headline  does  not  contain  nearly  as  much information as the headline that follows: two die as car hits tree

OPINIONS
 Headlines  on  stories  dealing  with  opinion  should show the source of that opinion. If a story is attributed to a secondhand source, this should be reflected in the headline. Consider the following examples: ’Courts  too  lenient’ claims Lucy Kibaki.

THE   FIVE   Ws
A good headline generally has the who and the what of  the  story  in  the  first  line,  with  the  following  lines explaining the how and why, if necessary. People expect newspaper stories to concern events that   have   occurred   since   the   previous   edition   was published. Therefore, the when can usually be omitted. If an event is yet to happen, however, warn the reader by the inclusion of the when through the use of the future tense or a specific day or date. The where in a headline on a local story is generally omitted. Readers expect their newspapers to print local stories  and  will  assume  a  story  is  local  unless  the dateline or headline specifies otherwise.

REPEATS
You  should  avoid  repeating  words  in  the  same headline deck. eg.Former Raila aide journalist returns to Railas office as public communications officer.

SHORT SYNONYMS

Use short, vigorous words. Headline writers usually have a vocabulary all their own. They learn to think in terms of short synonyms for longer expressions when writing  headlines.  Many  copy-editing  texts  contain  lists of short synonyms for headline use. Note the following examples: l
Named for  appointed  or  elected l Set for  arrange  or  schedule
Win for victory
Ex for former
Job for appointment or position
OK for accept, approve or adopt
Try for  attempt
Hike for raise or increase
Tell for reveal or inform
don for professor
VP/Veep for vice president
envoy for ambassador..(add more on this list from your analysis of the two dailies-nation&Standard)

ABBREVIATIONS

You  should  use  commonly  known  and  accepted abbreviations  when  they  are  appropriate.

LINE BALANCE

Try  to  balance  headlines  typographically.  Consider the  following  examples:
Unbalanced:   I have only one wife,my dear
                   lucy:Kibaki

Balanced:      I have only one wife,
                   my dear lucy:Kibaki

PUNCTUATION
Newspaper   editors   generally   adhere   to   the following  style  for  headlines: l Use single quotation marks instead of double.

BROADCAST WRITING



BROADCAST WRITING

Concise You have a concise copy when all unnecessary words have been trimmed away and only those words essential to convey your thoughts remain. It cannot be overemphasized that broadcast writing is  writing  for  the  ear.  Listeners  do  not  have  the opportunity of “rehearing” your copy, so your sentences should be direct and crystal clear. If your copy is long and involved, you put a strain on the listener and hinder comprehension. Your  obligation  is  to  put  information  into meaningful   terms   that   the   “average   audience”   will understand, and more important, want to hear.

 Complete For  the  broadcast  story  to  be  complete,  you  must include in it at least four of print journalism’s five “Ws.” Obviously, you will normally state  what happened  in your  lead  sentence.  Then  you  will  tell  to  whom  it happened,  when it happened and  where  it  happened. Why and how generally are not critical, although to be complete, some stories will require this information.

Conversational Like   good   conversation,   broadcast   writing   is informal and free-flowing. Write the way you talk. Let the story tell itself. This may sound easy, but it will take some  effort  in  the  beginning.  A  common  pitfall  is  to write a story as it may have been required for an English composition   or   a   print   journalism   assignment. Broadcast copy is read aloud by the announcer. It is not read by the listener. The twofold objective of the conversational tone is that first, it allows the announcer to pick up the drift of the story and second, it makes the copy sound “right” to the audience. A good broadcast writer “listens” to the story being written. When you have finished writing your copy, take it out of the printer and read it aloud to make sure it sounds  conversational.  Make  sure  there  are  no hard-to-pronounce  words  or  combinations  of  words  that are  awkward  to  the  ear.  Rid  your  copy  of  words  that might be unfamiliar to your listeners.

Current If your story is not current, you do not have “hard” news. News of a perishable nature is usually hard news. If you have a story of immediate news value, you should expedite its completion and delivery to the media. By the same token, if there are new facts or circumstances relevant to your initial release, an update of the initial story  should  be  provided  (and  marked  as  an  update). This will help ensure currency. It is also helpful if the new or changed elements of the story are identified to reduce   possible   confusion   with   information   in   the original release. You will feel the pressure of meeting deadlines, but remember your credibility is on the line.

Correct The hallmark of journalism as a writing art — either print  or  broadcast  —  is  the  accurate  presentation  of facts.  Your  finished  product  must  correspond  accurately with the facts of the story. In the field you will follow every possible lead to get the facts as well as report them.

COPY FORMAT
Radio   writing   is   different   from newspaper   writing,   because   the   most   common newspaper lead is the summary lead. For radio copy to include the who, what, where, when,  why  and  how  in  the  lead  would  be  too cumbersome. There is no time for nonessential details in radio news items. For the most part, news stories run from 20 to 30 seconds. Spot announcements run from 10 to 60 seconds, and features may run for two or three minutes, depending on the topic.


THE  BEGINNING The  lead  sentence  must  gain  the  attention  of  the listeners and orient them on the facts that will follow in the body of the story. When you begin a story with a person’s name or a number,  you  risk  the  possibility  of  that  information escaping  your  listener.  Unless you are striving for special effect, avoid  names  and  numbers  at  the  start.  Do  not  use  an “unknown” name at the beginning.

. NAMES AND TITLES In the case of names and titles being used together, titles  should  precede  names.  It  should  be  “Nairobi Mayor  Godffrey Majiwa  —  not  “Godffrey Majiwa  , Nairobi Mayor  .” Alert your listener as to whom you are about to name by prefixing the name with the person’s title. You should refer to government officeholders by title or as  “mister.”  For  example,  you  would  use  “President Kibaki”  or  “Mr.  Kibaki”;  “Mr.  Musyoka”  or  “Vice President Musyoka”; “Hon. Rutto” or “Mr. Rutto.” If  a  difficult  name  is  unessential,  use  only  the person’s   title,   such   as   “The   Ambassador   from Nigeria . ..”

INITIALS Generally, it is better to omit the middle initial of a person’s  name  unless  it  is  a  well-known  part  of  the person’s  name,  such  John F. Kennedy. The other exception to this rule is  when  the  nature  of  the  story  requires  further clarification, such as in births or deaths.

WORDS In broadcast writing, you must be aware of certain categories  of  words  that  are  potential  trouble  areas. These categories are explained in the following text.

Contractions In day-to-day conversations, contractions are used rather  liberally.  Therefore,  you  should  consider  using contractions whenever possible because they add to the “conversationality” of your broadcast copy. A definite exception to this rule is the “it will” contraction “it’ll,” which is awkward when you are trying to read it into a microphone. Additionally, a contraction should not be used when you are intending to stress a particular word or phrase.
Not Avoid the use of the word not in your copy. “Not” can be dropped out of your copy inadvertently and leave“ listeners wondering whether they heard “not.” Note the following examples:

Examples:   
AVOID                                                                    USE
DISHONEST                                                   NOT HONEST
 INNOCENT                                                     NOT GUILTY
FORGOT                                                        DID NOT REMEMBER
IGNORED                                                       DID NOT PAY ATTENTION
 UNABLE NOT                                                           ABLE

Pronouns There is  a  danger  in  using  personal  pronouns  in broadcast copy. When you use “he,” “she” or “they,” make certain there can be no doubt in the listener’s mind to whom you are referring. The ear cannot go back and pick up the identification. Repeat the noun if there may be any question as to whom you are referring.

Alliterations Beware   of   alliterations.   When   you   compose   a sentence  consisting  of  several  words  beginning  with  the same  vowels  or  consonants,  you  have  an  alliteration,


The challenge of writing for broadcast:

  • potentially passive audience

  • Need to be interesting, (entertaining?)

  • summarizing is critical, no time for long explanations
  • (which means you have to really know what you're talking about)

  • one chance to communicate, then it's gone

  • immediacy is a major advantage (over print)


Differences between print and broadcast journalism:
  • writing for the ear not the eye

  • language of the written word differs from the language of the spoken word

  • shorter leads

  • often broadcast leads don't contain the 5 W's
  • (usually 1 or 2)

  • time vs. space (length)

  • the ear tires before the eye

  • chronology is critical



Things to be aware of:
  • Know your audience: helps determine the style of presentation, what you have to say, and
  • why you are saying it though it is mass communication, you are writing for one person

  • Accuracy: gets to the issue of journalistic integrity and credibility bias verify and substantiate

  • Attribution: who takes responsibility for what is said? whose opinion or analysis is reflected?
  • separating news fact from commentary/opinion look for ways to shorten the attribution attribute at the start rather than at the end

  • Quoting the source: direct or indirect use indirect unless direct adds emphasis or impact

  • Other Attribution Words: "said" "told" "reported" all neutral words

  • Verb tense: present tense gives immediacy and impact

  • Active vs. Passive voice: active is more lively, subject of a verb is the doer of the action, who do you want emphasis on?

  • Word usage: simple rather than complex concrete rather than abstract active rather than passive concise rather than wordy

  • Grammar: conventional rules don't always apply! commas are important. key - listen, and read aloud copy after you've written it. does it make sense? is it concise? is it accurate?

 (Scholars, these are the ‘mechanics’ of writing the copy)

Broadcast Writing Guidelines:
1. Use 8 and 1/2 x 11 paper.
2. Double space.
3. Use only one side of the paper.
4. Use 1 inch margins.
5. Put slug in upper left corner of the page (single spaced).
Length of story
6. Start story four lines below the slug.
7. Use commas and ellipses to indicate pauses. Breathe!
8. Use ### at the end of the story.
9. If a story continues onto a second page, break the story at a natural pause point.
10. Start each new story on a new page.
11. Underline key words that may be difficult to pronounce. Know who you are writing for.
12. Include phonetic spelling for difficult to pronounce words. The phonetics should be inside parentheses immediately following the word. Capitalize any syllable that needs emphasis.
13. Spell out abbreviations the first time (condense if possible). Abbreviate rarely.
14. Treat numbers properly. Make the abstract concrete.
Spell out numbers one to nine.
Use numerals for 10 - 999.
Use the words for thousands, millions, billions etc.
Round off large numbers unless specific numbers are significant.
Spell out dollars, cents, and percent with reference to numbers.
15. Use st, rd, th and nd after dates, addresses and numbers to be read as ordinals.
16. When using age, use a combination of years and "year old."
Ex. 21-year-old
17. In general, don't begin a story with a number or name.
18. Indirect quotes are usually preferred to direct quotes.
19. Titles precede names.
20. Use present tense as often as possible.
21. Localize/personalize when possible.
22. Avoid overusing "today," "tonight" etc. However, these phrases are preferable to am or pm.
23. Avoid overusing "you" and "your"


THE LAW AND WRITING

There are two kinds of libel — obvious libel and libel by inference (hidden libel), refereed to in law as libel per se and libel per quod, respectively. Do not let yourself become confused by the Latin terms.

LIBEL PER SE The more obvious of the two, libel per se, means “by itself” or “on the face of it.” The reader or viewer does not have to interpret or study in order to understand the libel per se because it is obvious or evident. Libel per se is the more serious of the two types, and persons libeled  in  this  manner  do  not  have  to  prove  that  they suffered damage to their reputations, monetary loss or other injury. Libel per se can support a lawsuit in itself. There are probably thousands of words, phrases and statements in the English language that are libelous in themselves.  Some  of  them  are  of  a  political  nature, others refer to race or religion and still others involve specific professions and occupations. Others (and this is   no   doubt   the   largest   group)   affect   the   honesty, integrity or morals of anyone to whom they are applied. Here are just a few examples of words and phrases you should not use in reference to individuals or groups: c   
Professionals.  
 Lawyer:   shyster,   ambulance chaser, crafty, unprincipled, and slick
Business person:  swindler,  racketeer,  double-dealer,  cheat, and phony.
Politician: liar, grafter, perjurer, seller of  influence,  pocketer  of  public  finds,  and criminal’s   partner.   
Doctor:   quack   abortionist, faker,  and  incompetent.  Also,  never  use  such words as crooked and criminal to descibe people or their behavior.
 Affiliations.  Red, Communist, Nazi, a member of the Ku Klux Klan, atheist, nudist and socialist (sometimes).
 Honesty and Morals.  Unreliable, a credit risk, hypocrite,   adulterer,   unchaste,   prostitute, drunkard, conspirator, mistress and thief.. Over a period of years the meaning of a word or phrase can shift gradually until it is no longer libelous in itself or libelous at all. The reverse also is true. A word or phrase harmless a few years ago maybe libelous in itself today. A  word  that  has  almost  entirely  lost  a  previous libelous per se meaning is “alcoholic.” A few years ago the word was synonymous with “drunkard,” but today it refers to an illness — alcoholism. Words of this type, however, should still be used with caution.

LIBEL PER QUOD The second type of libel is committed by inference and  is  more  “hidden.”  Its  legal  term,  libel  per  quod, means  “because  of  circumstance”  or  “by  means  of circumstance.” In libel per quod, the statements, words or phrases involved maybe harmless in themselves, but become libelous because of attached circumstances. Usually,   such   circumstances   are   unforeseen   by   the publisher, who can claim that the questionable material was  published  in  good  faith  and  without  malice. However, good faith is not a complete defense. Here is a classic example of libel by circumstance: A news story reported an athlete’s spectacular feats on the tennis court the previous Saturday. In fact, the tennis match was on Friday, not Saturday; a simple error. However, the story was libelous per quod because the athlete in question belonged to a religion that observes Saturday   as   the   Sabbath   —   a   day   of   quiet   and meditation.  The  story,  as  it  was  printed,  defamed  the athlete as not being a devout member of his church. Libel  per  quod  is  the  most  common  of  all  libels. Very  few  publishers  intentionally  undertake  the  risk involved in printing material that is obviously libelous. However, libel per quod often occurs because of errors or  negligence.

LIBEL AND THE LAW
There are two types of legal action that can result from publication of libelous material:  civil action and criminal  action.

CIVIL  LIBEL  ACTION Civil  libel  action  results  when  one  person  sues another  in  court  because  of  alleged  defamation.  This defamation,  again,  need  not  be  to  the’  individual’s character or reputation. It can be to a person’s business, occupation  or  property. Civil  libel  also  can  be  committed  against  a  legal “person”  composed  of  more  than  one  individual.  In  this regard,  a  corporation,  a  partnership  or  any  other association  of  individuals  can  be  defamed.  General Motors  could  sue  an  individual  for  defaming  its products or business practices. Also, an individual could sue  General  Motors.  . Civil  libel  suits  are  always  between  persons, whether the “person” is an individual, an association of individuals or an artificial being, such as a corporation. A sum of money is the usual compensation awarded by civil courts for damages. Money  awarded  in  libel  cases  is  intended  to compensate  the  injured  party  for  mental  or  physical suffering and for actual financial loss and to punish the individual or individuals who committed the libel.

CRIMINAL   LIBEL   ACTION Criminal libel action is less common than civil libel action, but it is much more serious. Criminal libel is a crime and can be prosecuted in the courts like any other crime. In criminal libel the state ‘is the accuser and the punisher.  Persons  convicted  of  criminal  libel  can  be fined, imprisoned or both, depending on the gravity of the offense. Any  libel  that  tends  to  disturb  public  peace  and order can be a criminal offense. For instance, if a popular public figure were to be libeled to the extent that riots resulted,   the   libel   would   be   of   a   criminal   nature. Obscene  libel  can  be  a  criminal  offense  because  it  is considered to have an ill effect on public morals. One  of  the  most  grave  types  of  criminal  libel  is seditious  libel  —  that  which  defames  an  established government, or one of its agents, in an attempt to thwart or  overthrow  it.

DEFENSES AGAINST LIBEL ACTION
 An   individual,   a   newspaper   or   other   news organization is not without some degree of protection when being sued for libel.  In the following text, we cover   some   of   the   partial   and   complete   defense strategies   that   might   lessen   the   damages   assessed against a defendant in a libel suit.

Partial Defenses
INNOCENT MISTAKE/ACCIDENT- The first mitigating factor to consider is innocent mistake, or accident. Almost self-explanatory, it means that a defendant can be  excused  partially  if  it  can  be  proved  the  libelous material was published unintentionally or without the publisher  realizing  it  was  defamatory.  The  “innocent mistake” law does not remove liability, but it may reduce it.

RETRACTION,   APOLOGY   OR   CORREC- TION-  A  retraction,  apology  or  correction,  usually printed   with   the   same   prominence   as   the   original libelous material, will sometimes satisfy a person who claims  to  have  been  libeled.  Nevertheless,  the  libeled party  still  retains  the  right  to  bring  suit.  Although retractions, apologies and corrections are three separate (partial) defenses, they are related and often overlap. A retraction is often accompanied by a correction when it is employed, and both, almost always, are accompanied by an apology.  One  disadvantage  of  a  retraction,  or apology, is that it puts the original defamatory remark before  the  public  eye  again,  although  hopefully,  in  a much nicer form.

REPETITION- The defense of repetition can be used when a newspaper uses a libelous story that has been  printed  elsewhere,  in  a  wire  service  article  for example.  In  a  number  of  recent  court  decisions, newspapers   were   not   held   responsible   for   libels committed by wire services, since it was recognized that editors  could  not  possibly  check  out  every  story received from those sources.

LACK  OF  MALICE-In  the  lack  of  malice defense, punitive damages are usually not awarded if the publisher  can  demonstrate  good  faith  and  justifiable ends.

SELF-DEFENSE/REPLY- A self-defense or reply   defense   can   sometimes   be   successful   if   the publisher can show that the libel was a response to a previous attack made by the person claiming libel.

UNCONTRADICTED RUMOR - The uncontradicted rumor defense can sometimes serve to lessen the damages that could be awarded in a libel case if the publisher can show that the libel was merely a published version of widely circulated rumors that the plaintiff had made no effort to deny.

USE OF AUTHORITY- In employing the use of authority defense, a publisher would try to show that the libel originated from a source that could reasonably be expected to be accurate. A successful presentation of this defense, while not exonerating the publisher, could serve to lessen the damages awarded.

PRIOR   BAD   REPUTATION.—   A  prior  bad reputation  defense  might  prove  useful  to  a  publisher accused of libel if it could be shown that the plaintiff already had an unsavory standing in the community and the  defamatory  statement  caused  very  little  additional injury. Keep  in  mind  that  these  partial  defenses  are  just that — partial. They may lessen punitive damages, or in some cases eliminate them, but they do not excuse the libel charge.

Complete Defenses

TRUTH-Truth  is  the  best  complete  defense against libel action. the facts published must be provably true. If   the   law   requires   “truth   without   malice,”   the defendant  also  must  prove  good  intentions.  Malice, however, as judged by the courts today, does not mean only “intent to harm.” The consensus appears to be that “truth   without   malice”   must   be   “truth   for   a   good reason.”  The  good  reason  is  usually  judged  by determining  if  the  material  presented  is  in  the  best interest or concern of the public. For example, a newspaper prints a story about a man running  for  a  high  public  office  and  states  that  the candidate has served a prison term for embezzlement. The  statement  is  true,  and  the  newspaper’s  reason  for printing it is the belief in the public’s right to know, or the  “public  good.”  The  candidate’s  history,  in  this instance,  would  give  reasonable  doubt  of  his qualifications for public office. If,  however,  the  same  statement  had  been  made about  a  private  citizen  who  was  in  no  way  connected with the public welfare, there would have been no “good reason” for publishing that information.

FAIR  COMMENT  AND  CRITICISM.—   A publisher  can  claim  the  fair  comment  and  criticism defense in many instances. The courts are often lenient when fair comment or criticism is made of a political organization or any powerful corporation; in reviews of television  programs,  movies,  plays  and  books;  or  in articles  dealing  with  officials  or  agencies  of  the   government. It has been established that one of the chief functions of the news media is to serve as a critic of the wielders of public or private power. The courts reason that this function should not be arbitrarily suppressed. Many  newspapers  engage  in  “crusades”  against  a dishonest or bungling government or  other  criminal  activities.  As  long  as  a newspaper approaches such a “crusade” in a responsible manner, it is well within its rights. Every year Pulitzer Prizes are given to individual reporters for either having exposed private or public abuses of power, and in some cases,  having  caused  their  confections.

PRIVILEGE-Privilege,  as  a  defense  against libel,  deals  with  legislative  and  judicial  operations. There  are  two  kinds  of  privilege.  One  is  “absolute privilege”; the other is “qualified privilege.”

Absolute Privilege- Absolute  privilege  protects those directly involved in judicial proceedings (judges, attorneys  and  witnesses)  and  legislative  matters  (eg. The President & parliament ).
Absolute privilege does not apply to the news media.
Qualified  Privilege-Qualified  privilege  does apply to the news media and affords them qualified, or conditional, protection in reporting public and official proceedings. The conditions for this protection are that a story must be characterized as follows: 1. Fair, accurate and complete 2.  Without malice 3. Published for justifiable ends. The one limitation of qualified privilege is that a story must not include any obscenity.

Other than that, legislative and judicial proceedings may be reported in their entirety, regardless of the truth or falseness of what is said. The legal theory supporting this license holds that  the  public  interest  in  public  matters  should  be served, even at the expense of individual defamation. Remember, however,  that  this  privilege  does  not cover   the   reporting   of   conventions   of   private organizations, such as political parties, labor unions and churches.

LACK OF PUBLICATION- Lack of publication as a complete defense is more likely to be used in a libel   case   involving   some   form   of   personal communication that may or may not have been seen by a single third party.  








Monday, 5 March 2012

The pain of a broken marriage breaks the heart.


The pain of a broken marriage breaks the heart.
By: Timothy Makokha                                                           
31 year old man from Misanga village Bungoma County shocks residents by rejecting the mother of his child in an awful way. Barasa Okumu had become a public nuisance, after rejecting the woman with whom he has a child.
Where diplomacy fails, force must be applied. Talking to him did not make an impact, until his father resorted to beating him in an attempt to put sense into his head. Last week on Monday,  his father with a walking stick beat him seriously as he was in the bathroom, taking advantage of the event as he knew his son could run away naked.
Maria his wife tried all means to please him in vain as this man could not see sense in whatever advice people were giving him. His in-laws tried their level best to make this marriage work without any success.
He could masturbate in the presence of the wife. ‘When I sleep on his bed he moves to sleep on the cold floor in the sitting room and masturbate from there’ Maria said while tears were rolling down her cheeks.
The clan officials together with elders of the village held several meetings in attempts to advise him but the advice fell on deaf ears.
On Tuesday this week he was taken to the chief’s Barasa but the 31 year old man remained adamant. ‘Young man, all women are just the same, accept the wife and marry another one of your choice in future to add on this one’, said one of the elders. The woman agreed to this proposal but Okumu still refused.
‘Before sleeping, he normally takes a photo of a girl he claims to love, sleep on it and make movements dramatizing a sexual act with the photo’, Maria explained to the elders. He continued with this act until he made a hole in the photo. This made it easy for him as he could now insert his reproductive organ through the hole in the photo and sleep with the photo on the organ as he masturbate throughout the night.
All this did not scare Maria as she was determined to stay, to linger and love.  Sometimes last month, he moved from his house and rented a room a few meters away from his home. Maria was not moved by this act as she decided to stay in the house alone with the baby.
Later, wanyonyi his eldest brother coaxed him to return home. He then returned but became so cruel and unapproachable to his wife. Two days ago, Maria decided to pack and leave with her baby after realizing Okumu is not ready to have her for a wife.

John Michuki send to rest with due respect he deserves


John Michuki send to rest with due respect he deserves
By: Timothy Makokha
 Funeral service for the late Kangema MP, john Michuki takes place at the General Kago Stadium. Funeral service was  attended by former president  Moi, president Kibaki, VP Kalonzo , PM Raila Odinga, deputy PMs , speaker of national assembly, cabinet ministers, most of the MP’s, other senior government officials and the general public.
 The funeral Service was led by Bishop Peter Kairu of Murang’a Diocese, the host diocese of the Catholic Church assisted by other senior priests. The presence of other senior church leaders from other denominations was recognized.
The eulogy was read both in vernacular (Gikuyu) and in English. The Gikuyu version was read by Mr. E.K Gathuri and the English version of the same eulogy was read by prof. Paul Kanyari.
The late was born on 31st Dec 1932 from the 41st wife of a father who had 43 wives.  Michuki died rich after starting as a tailor and dropping out of school at one point in life.
Bishop peter kairu gave a touching sermon. ‘If you are strong you live for 70 years but we thank god Michuki had bonus of 10 years’ he said. His central theme of the sermon was that we should love our God, neighbors and our country. He also urged politicians to unite Kenyans and avoid hate speech.
Security measures were put in place as more security officers were present. Police officers were in large numbers at his Kangema home and in the stadium.
Rev. Wabukala says the late was a friend of Christians, and added that death brings about change. He therefore likened the late Michuki to a catalyst for positive change to the remaining generation. 
The host Bishop Peter Kairu was given chance to introduce present priests and other members of the clergy present at the funeral.  The bishop quoted one of the saints who said that ‘I do very small things in a very big way’ and brought the quote to context. He first appreciated the presence of all present members of the clergy.  The Eldoret diocese Bishop Cornelius Korir expressed his solidarity to the bereaved family of Michuki.
Deputy pm Uhuru Kenyatta, enjoyed the privilege of welcoming senior government officials. When deputy pm Musalia Mudavadi was given chance to speak, he only made a few remarks and then proceeded to introduce ministers present.
Speaker for our national assembly, Kenneth Marende says Michuki is worth to be emulated, since he was such a loyalist to the government. Former president Moi takes the late minister for a perfectionist, who was dedicated to serve the country at various levels. He said he had worked closer with the late who was more of a personal friend.  ‘Nothing passes without somebody endorsing’, says moi. The retired president added that real solace comes from God.
Prime Minister Hon Raila Odinga, remembers the late Michuki as a governor KCB, where he served the public so well and assisted him personally. The PM added that they have been together in various political parties for example Ford Kenya in the year 1992. His reforms in the matatu sector are to be remembered for a lifetime. The deceased as well performed exemplary in the environment ministry. 
President Kibaki says each family member to work for his family, and his nation. He also appreciated the widow, Josephine Michuki for her support to her late husband.  ‘Each person to have a purpose in life’, says president. We need to learn from the late Michuki, let us love each other as Kenyans and share in sorrow and happiness. This brings me to what one of the speakers said; the height of a tree is measured when it has fallen.


EDUCATION MINISTER HON SAM ONGERI RELEASES LAST YEAR’S KCSE RESULTS.


EDUCATION MINISTER HON SAM ONGERI RELEASES LAST YEAR’S KCSE RESULTS.
By: Timothy Makokha
The occasion was graced by the education minister, assistant ministers in education ministry, and KNEC officials.  In attendance were senior TSC officials, KLB officials among other civil servants.
KNEC secretary Paul Wasanga said so far 3.7 million candidates have been examined since the beginning of KCSE , this year’s number being 413, 177 candidates.  He also said that last year was the first time KNEC partnered with Kenya anticorruption in supervising of exams to ensure transparency.
The KNEC secretary warned Kenyans from using revision past papers and marking schemes from unauthorized dealers and added that for this reason KNEC has published pamphlets on past exams for revision purposes to ensure integrity of exams is upheld. He further expressed his disappointment with the fact that mobile phones were still witnessed in exam rooms
The minister of education hon. Sam ongeri mentioned that the 2011 candidates are the first group of candidates since the launching of free secondary education was started in Kenya in the year 2008. This free day school education has enabled many to be re-admitted in schools after a massive drop out. The program was geared towards achieving educational millennium development goals.
Hon ongeri urged Kenyans to say positive things about our nation. ‘Say positive things about our nation’, he continued ‘we are being recognized elsewhere rather than our home’.
The minister urged school managers to consider available facilities before registering candidates for exams. ‘Sitting for computer exams in cyber cafes is not a good show’, he said.
He also encouraged KCPE candidates to choose national schools since better performing school were upgraded to be national. The promoting of such schools to national status has enabled counties to enjoy benefits of national schools unlike in the past when schools of such magnitude were scarce.
The minister noted that both boys and girls candidature increased drastically last year although the number of boys is greater than the number of girls. All counties recorded a higher number of boys except for Kerinyaga County where the number of girls was greater than that of boys. He then called upon stakeholders to address gender issues especially where the disparity is too high.
General trend reveals that this year’s results are much better than last year’s. Improved subjects include mathematics, physics, biology, Kiswahili and other 11 optional subjects. English was poorly performed. The minister blamed sheng’/slang usage among students that has caused poor performance in English. The minister associated the improvement in mathematics with the research about poor performance of the subject that was done in 2009 and results tabled by the education PS  prof. Ole Kyiapi.
The minister as well urged the director quality assurance to look in the matter of laboratory equipment in high schools to avoid cases of candidates using korobois for chemistry practical.  The need for quality early childhood education was highlighted by the minister who also urged teacher training colleges and universities to put more emphasis on humanities. Teacher training colleges were also urged to equip teachers with quality language (English/Swahili) in order for the teachers to deliver the same in class to learners.
Setting the university entry at C+ and above has increased university enrolment. The minister urged the government and stake holders to invest more in middle level colleges to cater for those candidates who miss university entry.
Concerning exam irregularity, the education minister condemned, parents, teachers, university students who had colluded with candidates to cheat in exams. ‘Chewing and swallowing prepared notes is even harmful to candidates’, he said. No exam irregularities were reported in Nyeri, Turkana, Taita Taveta, Nyandarua, Nyamira, West Pokot, and Machakos counties.  In overall 154 exam centers were noted with cheating. Lastly, the education minister condemned cheating in exams and requested KNEC officials to liaise with the education PS and investigate all cheating cases.

ROAD ACCIDENT VICTIMS


ROAD ACCIDENT VICTIMS
By: Timothy Makokha and Mishi Ziro
17 pupils are undergoing treatment at the Elgon view hospital in Bungoma town following the accident that occurred yesterday evening along the chwele-Bungoma road. Due to a shortage of medical facilities some 9 victims were taken to saint Mary’s hospital Mumias and 4 were taken to Lugulu mission hospital. 
2 of the accident victims who were badly injured were rushed to Aga Khan Hospital Kisumu for special attention.
Some of the victims at the Elgon view hospital were diagnosed with serious injuries where e a boy pelvic injuries and unable to pass urine who was being assisted mechanically with tubes to urinate. Others suffered head injuries.
Rita Mukhongo, a hospital attendant at Elgon view said that only 2 pupils died on sport on reaching the hospital while one died on their way to Bungoma district hospital. 
Christine kundu, a class six pupil at Mungeti primary is one of the victims at the Elgon view hospital whose right leg was cut off because it was badly injured.
It was learned later that the accident was caused by a lorry driver who was overspeeding, escaping danger after causing around chwele and was escaping towards Bungoma town when he ran into a group of pupils who were celebrating their victory after emerging winners during ball games that were held yesterday at kimukungi primary.
According to the games teacher of Mungeti primary, Mr. Nicholas Simiyu wekesa, pupils were celebrating on their way home in the evening after winning the game when they were ran over by the canter from behind. Six pupils died on spot.
Daniel Wangila is a life member of Red Cross Bungoma branch, who participated actively in assisting the accident victims. ‘I didn’t sleep the whole night as I was doing my best in rescuing the injured’ said Wangila.
Dr. Amin, the Elgon view hospital director called upon the affected parents, teachers, and the community at large to calm down and accept the tragedy. ‘Pupils in the affected schools, teachers, parents and the whole community need to be counseled for them to calm down and accept this bitter tragedy’, said Dr. Amin.
Red Cross coordinator Bungoma branch Ms. Valentine Mutaki, said that there is no need for panic as arrangements are being made by Red Cross in liaison with AMREF pay hospital bills for the accident victims.
DEO Bungoma south, Mr. Japheth shitubi called for an emergency meeting with Red Cross officials, head teachers for mungeti , marakaru ACK, and kakichuma primary schools in his office in Bungoma town.  In the meeting there were councilor Majimbo, Nalianya Francis the divisional education officer and Dr. Wekesa. They deliberated on the matter concerning the accident and advised the head teachers to hold parents meetings in their schools today at 2pm.
The meetings were meant to console the parents and counsel affected pupils who lost their dear friends. They were to use the meeting for counting pupils to tell how many are missing and request parents to assist in identifying bodies of victims who were destroyed beyond recognition.  A team of psychologists from Red Cross Eldoret branch will also address the meeting.
Area mp for Sirisia constituency, hon. Wetangula is to visit the scene of accident and proceed to address meetings in the affected schools today in the afternoon.
A total of 35 pupils were injured with four that were badly injured being taken to Nairobi hospital for special spinal code treatment. Dorcas nalianya and Maxwell waswa were to be transferred from elgon view  while Elizabeth kunania and purity makokha are to be moved from st mary’s mumias hospital all of them to Nairobi hospital.
Only one pupil from kakichuma primary was injured in the accident. Pupils who perished from mungeti primary were 9 including the following; Tyson Wanjala std 8,Michael Simiyu std 8,Sharon Wamalwa std 5, Brian Wamalwa std 6, Cidy Mukasiali std 6, Patrick Wafula, Centrine Nalianya, and Anne wekesa.
  


35 year old Edwin Namusasi Wafula appears before the Bungoma law courts to answer charges concerning the marakaru accident


35 year old Edwin Namusasi Wafula appears before the Bungoma law courts to answer charges concerning the marakaru accident
By: Timothy Makokha and Mishi Ziro
Court one of the Bungoma law courts full to capacity as people come to witness the case involving Edwin Namusasi Wafula who is the lorry driver of registration number KAW286P that caused an accident at Marakaru on 2/3/2012. Six pupils died on spot, three died on reaching hospital, another one died yesterday while the injured are still receiving treatment in various hospitals.
Anxiety mounts as complainants, and concerned community members wait for judgement of the accused driver today at the Bungoma law courts. Edwin Namusasi Wafula, who is the accused, appeared before court for the crimes he committed.
Chief magistrate hon. Nyarima, momentarily suspended Wafula’s case for 15 minutes as he sought for a full report about the names of those involved in the accident. The magistrate wanted the court prosecutor to name all victims of the accident as required by the law before making the ruling.
At this point only 10 charges had been mentioned against him while other charges were still under investigation by the Bungoma police OCPD. The first nine were charges of murder while the tenth is about breaking of traffic rules.
Silence that gnaws prevailed as each present person in the court was expecting the court to proceed after an extended break that stretched beyond the expected time framework. Parents of the accused were in such a melancholic mood as people within the crowd were pointing accusing fingers in their direction while whispering in low tones.
Wafula was recalled a few minutes later but the files concerning his case were not yet ready leading to another 20 minutes break as files were being sought and consultations made.
As Wafula appeared for the third time before the magistrate hon. Nyarima Walter , he accepted all the charges that so far were labeled against him. Just before a ruling was made, the Bungoma court prosecutor Mr. Oyoo requested the chief magistrate to defer the case for two weeks as per the request by the police OCPD.  This was meant to give the police enough time to look into the matter.
According to the police report, facts of the case are not ready as deaths are many and several victims are still in the ICU. The number of the dead had also changed increasing from 9 to 10.
The accused leaded guilty of the charges that had been mentioned already but the chief magistrate said the case is to be heard on 19/3/2012 in the same court.