Film board targets over the top service providers in new regulation

NAIROBI, KENYA: Over the Top (OTT) service providers like Netflix and YouTube will soon be subjected to new broadcasting regulations in the country.

This is after content regulator Kenya Film Classification Board (KFCB) announced OTT as part of the targeted service providers in the planned amendments on the current regulations.

KFCB wants changes to the Film and Stage Play Act in order to have it streamlined with the 2010 constitution.

This, KFCB boss Ezekiel Mutua said, will incorporate the emerging regulatory changes and technological innovations in the sector.

KFCB has always found itself in conflicts on issues regulations with some broadcasters and advertisers insisting that it is overstepping on mandate it has not been bestowed with by the law.

This was once confirmed by Communication Authority (CA) who insisted that the country was yet to have laws to regulate OTT service providers when KFCB tried to ban Netflix over what it described as immoral content.

"The revision of the Act aims to accommodate emerging regulatory challenges brought about by new technologies and innovations in film production and distribution," said Mutua.

He added: "The innovations include OTT service providers, Video on Demand and other online content streaming services."

Due to the globalized nature of the internet, many OTT are accessed by Kenyans without necessarily conforming their content to the set country's regulations that involve parental guidance classification.

Mutua said while the 1963 Film and Stage Play Act has undergone several amendments, there is still need to have it improved.

"And have it accommodate the new demands of industry growth and regulation of content to protect children from exposure to harmful culture," said Mutua.

To this end, the commission will be lobbying for the changes in the law among all film producers, artists, broadcasters, advertisers, and other stakeholders.

"The meeting will also provide an opportunity to deliberate on industry issues such as license. Fees, registration and accreditation of producers and companies, taxes on film, among other concerns," Mutua said.