46S. (1) There is established a Council to be known as the Broadcasting Content Advisory Council, in this section referred to as the "Council".

(2) The Council shall -

(a) be responsible for and make decisions on -

(i) the administration of the broadcasting content aspects and provisions in the Act;

(ii) the mechanisms for handling complaints under the Act;

(b) monitor compliance with broadcasting codes and ethics for broadcasters; and

(c) have such other functions and powers as the Board may determine.

(3) The Council shall consist of -

(a) the Permanent Secretary in the Ministry responsible for information and communications, or his representative;

(b) six other members appointed by the Minister as follows -

(i) two members nominated by the Commission, one of whom shall be recommended by the Inter-Religious Forum;

(ii) two members appointed by the Media Council of Kenya established under the Media Act, 2007;

(iii) one member nominated by the Law Society of Kenya; and

(iv) one member, not being a civil servant, nominated by the Attorney-General.

(4) The members shall at their first meeting elect one of their number to be the Chairman.

(5) In nominating members of the Council under sub-section (3), the nominating body or authority shall nominate persons who -

(a) have knowledge and experience in media matters, broadcasting, communication or cultural issues;

(b) it is satisfied do not have a conflict of interest under Part IVA and have no financial or other interest likely to prejudicially affect the carrying out of their functions under this Part; and

(c) are, in the opinion of the nominating body or authority, suitable to perform the functions and duties of a member competently and honestly.