Hefty fine introduced as Kenyan creators told to rate own work

The new regulation stipulates that content creators conduct a 70% review of the material they air for age appropriateness on their own, with the KFCB evaluating the remaining 30%.

The KFCB says this will help ease the backlog as the production and broadcast sector expands. Failure to comply will result in the offending parties paying a penalty of Ksh100 000 (about $870) to the board for each violation.

“Classification of one-day content can take one week and we are not able to keep up,” acting KFCB CEO Christopher Wambua told Business Daily last week. “So the involvement of the industry is to ensure compliance while coping up with digital expansion.”

The requirement applies to broadcasters, filmmakers and online streaming service platforms targeting pre-recorded programmes such as movies, series, music and advertisements. Live programming like news and talk shows are exempted from the regulations.

The guideline will also apply to foreign streaming platforms such as Netflix, Showmax and Amazon, which will be required to use the KFCB’s classification rules.

According to the Films and Stage Plays Act, the KFCB is required to examine and classify 100% of all audiovisual content meant for consumption in Kenya. 

Between Ksh4 500 and Ksh6 000 is charged to rate a movie of 45 minutes to one hour in length, and Ksh1 000 for a commercial. Musical works cost Ksh300 per item. 

In 2015, Kenya enforced a switch from analogue to digital broadcasting transmission, resulting in the establishment of more than 100 TV and 1 000 radio stations, meaning the regulator has had to find new ways to cope with increasing content. 

“With the existing staffing levels, the film and broadcast content regulator, KFCB, cannot cope with the legal requirement to examine and classify all audiovisual content meant for broadcast, distribution and exhibition in the country,” Wambua said.