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

Kenya’s creative industry has witnessed tremendous growth since the last decade. It has been cited as a critical factor that will promote the growth and development.

This year, the Kenya film industry earned Sh200 billion annually, an increase by 140 billion from 2007, according to a study commissioned by the Kenya Film Commission attributed to technological innovation.

Ezekiel Mutua, CEO Kenya Film Classification Board, However,  said the country lacked a regulatory framework with the advances in technology.

Thus, the KFCB came up with a Draft Films, Stage Plays and Publications Act 2016 which states that,  “An Act of Parliament to provide for the regulation of 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 incidental thereto and connected therewith.”

However, some sections of the draft bill have angered Kenyans with claims that if enacted into law, filmmakers and script writers will have to fulfill the desires of the Chief Executive Officer  to be able to make a film or stage a play.

Using the online hashtag #StopTheFilmBill which was started by Ms. Muthoni Gitau, a lover of arts .

I know a bad deal when I see one and Ezekiel Mutua is a rotten one. We can't allow this kind of censorship. #StopTheFilmBill

— Digital Wanker Pro Max (@IAmMuthoniGitau) October 10, 2016

Indeed, she did not just state that, “I know a bad deal when I see one and Ezekiel Mutua is a rotten one. We can’t allow this kind of censorship.”

On Her blog, she says, “I believe the arts can be used for positive social change and as a great way to raise awareness about the different issues we go through on a daily.”

“Looking forward to the day the arts will be recognised as a career choice and people will stop expecting me to get a ‘real job’,” she adds.

According to Section 25 of the draft bill on Alterations and additions to films:

25. (1) Where it is desired to make any material alteration or addition to the text, synopsis or scenes of a film which is to be made and in respect of which a filming certificate has been issued, the holder of the certificate shall apply in writing to the Chief Executive Officer for permission to make the alteration or addition,

(2) the application under subsection (1) shall be accompanied by-

(a)the filming certificate (b) particulars of the proposed alterations and additions and, (c) if the alterations or additions are in a language other than English, and the Chief Executive Officer so requires, a translation thereof into English, certified to the satisfaction of the Chief Executive Officer

(3)Upon considering the application for alterations and additions, the Chief Executive Officer may;

(a) Issue a registration certificate approving the alterations or additions; or (b) issue a certificate approving the alterations or additions subject to the condition that a police officer of or above the rank of Inspector, or other person appointed for the purpose by the Chief Executive Officer, shall be present at the making of the film, and to such other conditions as the Chief Executive Officer may think fit.

(c) reject the application

(3) The decision of the Chief Executive Officer on the application shall be endorsed on the filming certificate, and if permission is granted there shall also be endorsed any condition which is attached to the permission.

Kenyans especially in the creative industry state that if the bill is enacted into law, will infringe into their Constitutional rights accorded to them to freedom of expression.

This is because the law will give the CEO absolute powers to censor, stop and sue anyone that he thinks is not reflective of national values and aspirations of the people of Kenya.

The Constitution states that … Every person has the right to freedom of expression, which includes– (b) freedom of artistic creativity; 33 (1b)).

Other areas that the creatives have flagged include:  all stage plays  may be exhibited in a place to which the public or a section of the public is invited to attend must have the approval of the board. Those found to violate the regulations  will be guilty of an offense and liable on conviction to a fine of two hundred thousand shillings or a term of two years imprisonment.

As a result, those in the creative industry, the public and interested stakeholders will converge on Tuesday (tomorrow) at the National Museum to give their views and way forward on the draft bill.

In Kenya, inadequate investment in production has stunted the industry’s growth

Besides Vision 2030 recognising the role of innovation as an important aspect in achieving the economic and social pillars.

According to the Creative Economy Task Force Report by the Ministry of Information and Communication released in September 2012 projected that Kenya’s creative industries could catalyse the country’s overall economic growth by doubling its contribution to the GDP to 10% by 2017.