Kenya Film Classification Board (KFCB) Chief Executive Officer Ezekiel Mutua has proposed a bill; Films, Stage Plays and Publications Bill 2016 that is an affront to media freedom. Through the Bill, KFCB arrogates itself the role of society’s moral policeman while also encroaching on the jurisdiction of other regulatory institutions like the Communication Authority of Kenya.
Among other provisions, the law purports to shield and protect vulnerable groups like children from obscene, vulgar, violent and pornographic material. The bill neglects taking into account that that there are laws in existence that protect children namely, the Child Rights and Child Protection Acts. Thus, Mr Mutua’s proposed rules seek to override these constitutionally provided laws.
The mandate of KFCB is to ensure films and commercials being aired on radio and television meet set standards that uphold morality as they adhere to societal norms. In December 2015, Mutua purported to ban some advertisements on radio and television while also demanding that television and radio stations reschedule some advertisements to late hours when it is assumed children are asleep.
The media have no quarrel with what upholds moral values, but legislation should be done in a way that does not infringe on how media houses transact their business. Where KFCB has to approve everything for broadcast or publication, this will unnecessarily increase the cost of doing business. Some of the bill’s proposals infringe on democratic values and are detrimental to national cohesion and security.
The bulk of the immoral content in society is easily available on the internet. Dealing with the problem from source would help ease Mutua’s work. Certainly, the media are not the source and hence, Mutua and KFCB would do well to engage all the players in dialogue rather than issue edicts that can be challenged for having no legal basis.
It should not escape Mutua that the media have a self-regulatory mechanism. This objectionable bill is tantamount to censorship.
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