The Kenya Film Classification Board (KFCB) has defied the ICT Cabinet Secretary on the regulation of US video streaming service Netflix, saying that it streams immoral content.
The board states that Netflix must conform to local regulations, since there is proof that it is streaming content that is a ‘threat to our moral values and national security.’
Mr Joe Mucheru the ICT Cabinet Secretary last week, however said all regulatory bodies eyeing Netflix must wait for policy direction from the ministry.
The ministry has opened discussions on how best to regulate firms classified as Over The Top (OTT) service providers and still retain them locally.
“Netflix made available to the Kenyan market, content that has not been subjected to the board’s classification guidelines,” said the KFCB chairperson Mr Jackson Kosgei at a Wednesday briefing.
“The board regards the development as a contravention of the laws governing films and broadcast content distribution in Kenya,” he said.
Some programs featured by Netflix locally are drug cartel series ‘Narcos’, war drama film ‘Beast of No Nation’ and romance film ‘Room in Rome.’
The KFCB says the films are classified fit to be viewed by 13-year-olds and above, yet they have, “extreme violence, nudity, promotion of irresponsible material, inappropriate language and drug abuse.”
“It will be against our mandate to allow our children to get ruined by inappropriate content in the name of profit. Moral and legal consideration must always outweigh any other benefits or interests,” said Mr Kosgei.
Further, the board states that by operating without regulations, Netflix contravenes the Films and Stage Plays Act Cap 222 laws of Kenya. It vests the authority to regulate, creation broadcast possession, distribution and exhibition of audiovisual content in the country to the board.
Like Netflix, Google’s YouTube classified as an OTT operates in Kenya but has been hard to regulate. Kenya has no laws that govern services such as Facebook, Viber and WhatsApp which are also OTT services.
“We want the businesses of OTTs to actually be based here, there is a huge debate as to whether we will be billing or charging Netflix, and I think OTT should feel comfortable to invest in Kenya,” said Mr Mucheru in an interview on Tuesday last week.
Communications Authority (CA) also states that Netflix will not be forced to ask for a local broadcasting license, since it is an OTT and there are no regulations that govern it locally.
“Netflix services are accessed through the Internet on smart mobile devices such as laptops and on a subscription basis, making it hard to regulate, we are however looking at how to compel it to deliver quality services,” said CA Director General Francis Wangusi.
Netflix has brought its services to Kenya at a time when the CA together with the KFSB have put into place strict regulations to broadcasters set by a programming code. The code dictates the watershed hours which fall between 5am to 10pm, it also dictates what content to be put on air during what times.
