Mucheru tells films board to give up on Netflix censor bid
ICT secretary Joe Mucheru has told the Kenya Films Classification Board (KFCB) it has no mandate to regulate foreign film content even as the agency insisted that it would censor content on Netflix, the US-based streaming service that recently launched operations in Kenya.
KFCB insisted at a Press conference on Wednesday that Netflix is not a basic need, and that its content would be blocked if it violates set standards.
The board chairman, Jackson Kosgei, said Netflix’s film streaming services in Kenya “remain a threat not only to moral values but also to national security.”
Mr Kosgei said the films being circulated on Netflix’s platforms are classified and rated on the basis of guidelines enforced in other jurisdictions, which are at odds with Kenya’s regulatory standards.
“Some of the movies sampled suited for 13 year-olds contain classifiable elements such as extreme violence, nudity, promotion of irresponsible sexual behaviour, inappropriate language and drug abuse, and Netflix knows this,” said Mr Kosgei.
Mr Mucheru, however, said in an interview that KFCB will not go far with the plan to regulate over the top (OTT) businesses like Netflix, considering that they are virtual private network and Internet protocol-based.
He said if Netflix is regulated, then all the other content on the Internet ought to be subjected to the same scrutiny.
“Good luck to them. Let them do it but I am just not sure they will go far,” he said. “I am not trying to take any mandate away from KFCB but I think they are trying to do too much.”
The former Google Kenya head said technology and convergence are moving “extremely” fast and current regulations on broadcast and Internet are becoming vague.
He said his ministry is formulating a policy discussion paper to guide on the regulations that would still keep OTT service providers in Kenya.
“You can set rules as any board but how do you enforce? There are areas of overlap but we (government agencies) need to make sure that we make relevant policies and my office will be sending out a policy discussion on OTTs before end of January,” he said.
KFCB insists its intention is not to scare away investors. Its chief executive Ezekiel Mutua said the board’s communication with Netflix is at an advanced stage and that the US firm had admitted that the standard ratings guiding them in other territories are not yet in Africa.
Mr Mutua said Netfllix said in its response it is currently using “reasonable judgement” to provide content in Kenya.
“If Netflix has been able to comply in other jurisdictions like France and Singapore, then we are not under-dogs to swallow inappropriate stuff,” he said.
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