Bill Regulating Content Opposed by the Kenya Creative Industry

A bill that seeks to  regulate the creation, exhibition and distribution of films, for the classification of broadcast content ,online content outdoor advertisements ,print publications, stage plays, for the registration of cinemas and theatres and for purposes in Kenya has been opposed by a section of the Kenya Creative Industry.

During a public forum initiated by The Kenya Film Classification Board (KFCB) on Tuesday to  review the Film and Stage Plays Act Cap 222 of the laws of Kenya with an aim to align the Boards’ regulatory framework to the Constitution of Kenya 2010 to facilitate the growth of the creative industry was met with opposition.

George Gachara, a cultural activist, an author and the managing partner at HEVA said, “This draft bill is a trojan horse and belongs in a shredder. The document is in bad faith.”

“We need to engage a fresh. We shall not rubber stamp or validate it,” he added.

The Kenyan Creative Industry calls for a new process. They will not validate the current draft bill #StopTheFilmBill pic.twitter.com/TsH3WPwAhs

— Vintage Baddie 🥷 (@David_Indeje) October 11, 2016

Haroun Risa an initiator of an online petition , claims that the proposed bill proposed by the board goes against freedom of expression and is repressive.

“Article 33 of the Kenyan constitution clearly states that every person has the right to freedom of expression, which includes; freedom to seek, receive or impart information or ideas, freedom of artistic creativity and academic freedom and freedom of scientific research,” the petition read in part.

Risa cited sections of the proposed bill that are seen to be retrogressive in the gains made towards popularising art as a means of livelihood.

Section 40(1) of the bill states: “No stage play may be exhibited in a place to which the public or a section of the public is invited to attend, whether or not a charge is made for admission to the premises in which the exhibition is held, unless such stage play has been classified by the board.”

Section 40 (2) states that a person who exhibits a stage play in contravention of subsection (1) is guilty of an offense and liable on conviction to a fine of two hundred thousand shillings or a term of two years imprisonment or both.

Read: Govt Should Not have Control Over our Content, Kenya Creatives Raise Concern

For a forum that was proposed to take a whole day was cut short by the participants who forced Dr. Ezekiel Mutua, the Chief Executive Officer to oblige with their demands to initiate a new process.

“We have trashed the document,” he announced to the now rowdy participants.

Mutua in an exclusive interview he said, “It is not easy to legislate the industry through a consultative process, but the law and constitution requires us to consult. We called this meeting in clen faith, we did what we should do as a government agency and the next stage was to listen to the people and the people have said they do not want the proposals and a review of Cap 222 and in the immediate they want a Film Bill which we oblige.We are the servants of the people.”

“Unfortunately, the review of the Film bill is not my business. I will be comfortable to go back to the office and enforce Cap 222 as it is,” he added.

Mutua said the fresh start from the stakeholders will include their views when they come up with the Film policy.

Jill Cottrell Ghai, from Katiba Institute during the forum said the draft bill as it was was a violation of Article 33 of the Constitution and there was a need to have a policy framework in place that is justified and preserves human dignity, equality and freedom.

She welcomed the fresh start saying, “We need to make sure the policy actually reflects the people’s views. I wonder how many people even knew there was a draft policy. There is need to follow the Constitutional approach when coming up with such bills.”

The revision of the Act, which was enacted in 1963, also sought to accommodate emerging regulatory challenges, occasioned by new technological innovations in film production and distribution. These include Over the top Service and other online content streaming services.

According to the Board,  the 1963 Film and Stage Play Act has undergone several amendments,  there is need to improve it further to accommodate the new demands of industry growth and regulation of content to protect children from exposure to harmful culture.