An activist has sued the Kenya Film Classification Board (KFCB) over their decision to enforce regulations and licensing fees on videos posted by creatives and content creators on social media.
In the application lodged at the Milimani High Court, Fredrick Bikeri wants the court to suspend the demand letters dated May 22, 2024 served on all creatives and influencers.
He argues that the demand letters served seek to enforce orders that are unconstitutional, unfair and unjust.
Bikeri says the decision will stifle what little growth and progress, honest working creatives have made if enforced.
“Pending hearing and determination of this petition, an order for the suspension of the demand letters issued by KFCB,” read court documents.
He contends that the requiring a filming licence before one can upload a video on social media is unnecessary interference with the freedom of artistic expression, making the whole process of film production tedious, laborious, and unnecessarily bureaucratic.
“The decision by the respondent to impose requirements for obtaining licenses, as per the substance of the demand letters issued to the social media content creators, breaches the rights of Kenyans, and Kenyan creatives to administrative action which is expeditious, efficient, lawful, reasonable and procedurally fair,” Bikeri states.
The activist through his lawyer Elkana Mogaka says KFCB issued demand letters without regard to how much money is earned from the content creation.
Mogaka has further accused the government of Kenya of attempting to take the little earnings the Kenyans are attempting to make a living with.
“Instead of regulating and seeking fees from multinational companies making millions from advertising in Kenya, the government is targeting the very youth whose talents promotes our country’s culture and attracts tourists.”
The court papers show that not only has the board issued prejudicial demands to Kenyan creatives and influencers requiring them to take filming licenses on all their social media ‘films’, it has arbitrary made the demand without engaging stakeholders and members of the public to get their views on the issues
“The demand for the taking out of the licenses and submission of videos for review by the respondent is in breach of Kenyans rights under Article 31, 33 of the Constitution,” reads the application.
He says that the government has “lost the moral argument in the application and review and must be held accountable by law and the judicial system who must now act in concert to protect Kenyan talent”
Mogaka now wants the status quo maintained and the application certified as urgent and heard and dispensed within the first instance.
Justice Lawrence Mugambi has directed the application to be served within three days.
Responses will be filed within 14 days of service.
The applicant may file a further affidavit and written submissions within 14 days of receiving the responses.
Respondents then have 14 days to file their submissions, followed by a seven-day window for the applicant to file rebuttal submissions.
Further directions are scheduled for July 18, 2024.
The Kenya Film Classification Board (KFCB) on May 24, issued a 14-day ultimatum to various YouTubers over uploading audio-visual content to their channels without valid licences.
In a letter KFCB directed the various creators, who include Oga Obinna, Terence Creative, Awinja Nyamwalo and Abel Mutua, to obtain filming licences for their content.
The board further directed the creators to submit their videos to KFCB for examination and classification before they are shared to the public.
“Our attention has been drawn to your YouTube channel where you have continuously uploaded audio-visual content for purposes of exhibiting and distributing it to the public, without acquiring the requisite filming licences from Kenya Film Classification Board,” Acting CEO Paskal Opiyo said in the statement.
“We demand that you strictly comply with the requirements of the Films and Stage Plays Act by obtaining filming licences for your films, and submit them for examination and classification before the same is exhibited and distributed to the public through your YouTube channel.”
KFCB went on to warn the YouTubers that if they failed to comply with the directives within 14 days, they would face legal action in accordance with the provisions of relevant laws.
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