Film commission to sue KBL, broadcasters over beer Ads

Kenya Film Classification Board CEO Ezekiel Mutua

Nairobi: Kenya Film Classification Board (KFCB) plans to sue Kenya Breweries Limited and media houses for failure to withdraw unclassified adverts.

The commission said that KBL failed to withdraw its beer adverts by December 30 as agreed, it also threatened media houses that they risk their licenses not being renewed as per the Kenya Information Communication Act (Kica).

In a press conference Thursday, KFCB Chief Executive Officer Ezekiel Mutua said the commission will be moving to court next week.

“We have had positive engagement with institutions following our notices dated December 10 and 21. However, there are some who have not complied and we will be moving speedily to prosecute them according to the law beginning next week,” said Mutua.

After a deliberation with KBL, KFCB claims that an agreement was made that by December 30, no KBL unclassified adverts will run.

However, KBL through lawyer Oraro and Company in a letter dated December 30 protested against the agreement saying KFCB's mandate does not extend to cover advertisements.

"Any contrary interpretation would not only be unlawful but will give rise to extremely wide and overreaching powers....including 9pm news, football matches creating a regulatory minefield difficult for advertisers to cross," read part of the letter.

In the letter, KBL has insisted that advertising is a self-regulated industry with any related dispute being forwarded to the Advertising Standards Committee: "There is no legal mandate that demands all adverts to be classified by KFCB as per the Film and Stage Plays Act. Indeed, the commission has no legal authority even under Kica."

This was the same position held by ASC Chairman Joe Otin earlier who insisted that anyone with a complaint should write to the committee first before taking any legal action.

"Professional bodies are not regulatory bodies and they are not anchored in the law. Nonetheless the operations of these bodies must be understood as voluntary and not in conflict with regulatory bodies established under the law," clarified Mutua.

KFCB banned unclassified beer and contraceptive adverts (Durex and Trust Condom) citing them as influential to teens and that they glamorised misuse of drug and sex related products.

Of those banned, Durex, Lux soap and Pwani Fresh Oil are some who have written to board affirming their compliance.