The streaming of LGBTQ movies on Netflix in Kenya is set to be restricted as the country tightens the noose on same-sex sexual activity.
The Kenya Film Classification Board, which is charged with the classification and regulations of films for public consumption, is in final talks with Netflix to restrict same-sex content that violates the country’s laws.
Acting Kenya Film Classification Board CEO Christopher Wambua confirmed that official discussions with Netflix Africa began in October 2021, while noting that access to LGBTQ movies will be restricted before the end of this year.
“Already we have developed a draft agreement that defines how to conduct their (Netflix) operations in the country after another discussion in April this year,” Wambua said.
The Kenya Film Classification Board is supposed to share the agreement with Netflix Africa this week for further scrutiny of its provisions before implementing it. The company’s content manager for the continent is a Kenyan based in Nairobi.
The board has classified LGBTQ content under the “restricted category,” meaning it is not allowed for broadcast, exhibition and distribution to the public.
The agreement allows Netflix to self-classify movies streamed in Kenya by limiting offensive content that glorifies, normalizes, promotes and propagates homosexuality.
Consensual same-sex sexual relations are criminalized under Section 165 of Kenya’s Penal Code while the Films and Stage Plays Act gives the board the power to regulate the exhibition, distribution, possession, or broadcasting of content to the public. Its content classification exempts live programming and news.
“Netflix will have to develop an intelligence safety-worth classification pool that is consistent with the film classification guidelines for Kenya so that the system’s output is aligned with our local laws and regulatory provisions concerning content classification,” stated Wambua.
The move to permit Netflix and other streaming services to self-classy movies for Kenya will only allow the board to monitor compliance.
“Netflix has indicated a commitment to operate in the country within the purview of the existing laws,” he said. “By the end of October this year we should have finalized the agreement so that by November we pilot the new framework.”
Kenya is the second African country to demand Netfilx ban the streaming of LGBTQ movies.
Egypt’s media regulator this month warned Netflix, Disney+ and other streaming services against broadcasting content that breaches its “societal values” and threatened to take action if not curbed.
The first Netflix film, “Perfect Strangers,” released earlier this year targeting the Arabic audience sparked criticism in Egypt and the Middle East for having scenes that depict homosexuality. One Egyptian lawmaker even called for Netflix to be banned in the country.
Egypt is among the countries in the Arab World that do not condone homosexuality.
Egyptian authorities usually prosecute gay men on charges of “immorality” or “debauchery.” Police regularly raid private parties, restaurants and bars to arrest them.
Egypt’s warning on Sept. 7 came a day after Saudi Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain and Oman demanded Netflix to drop “offensive content” from its local streaming platforms as it “contradicts Islamic and societal values and principles.”
Egypt and Kenya have the highest number of Netflix subscriptions in Africa.
Kenya in September 2021 banned a gay documentary, “I Am Samuel,” produced by a local filmmaker.
The Kenya Film Classification Board said was “blasphemous” because it promoted “values that are in dissonance with our constitution, culture, values and norms.” The same film, however, has been screened at more than 25 film festivals globally and streamed on iTunes, Vimeo and other international platforms.
Filmmakers and groups opposed to the government’s LGBTQ films restriction criticized the decision as an abuse of the freedom of expression the Kenyan Constitution guarantees. Courts have dismissed challenges to it.
Apart from the Kenya Film Classification Board reaching a deal with Netflix to restrict LGBTQ content, Wambua disclosed that a new law has already been approved by the outgoing Cabinet to help the board effectively classify and regulate content in this digital era.
“The new digital platforms allowing streaming of movies make it difficult hence need to do some readjustments in the law to give companies powers to self-classify their videos-on-demand films that apply on auto-visual content. The existing law was for the analogue era,” he noted.
The proposed law, dubbed the Kenya Film Bill 2021, has yet to be introduced in the Kenyan Parliament, which reconvened on Wednesday after August’s general election.
The bill would recognize Kenya Film Classification Board key mandates of regulating the creation, broadcasting, distribution, possession and exhibition of films through the issuance of licenses to filmmakers, distributors and exhibitors. The bill would also recognize the Kenya Film Classification Board’s role in classifying films under various categories such as films that are either restricted or prohibited.
The Kenya Film Classification Board is engaging with other regulatory government agencies to have minimal adjustments on self-classifications through miscellaneous amendments to restrict LGBTQ content to avoid any delay in enacting the proposed law.
“If this is done even before we overhaul the existing law, we would have the requisite provisions that are necessary to allow us to accommodate the business model of videos-on-demand (VODs) which are on digital demand,” Wambua said.
The Washington Blade has reached out to Netflix for comment.
