[kictanet] Banning of the FILM Rafiki

Mon Apr 30 15:20:18 EAT 2018

Several issues with the statement @Mildred. 

1. 'Films made in Kenya for public consumption MUST reflect and respect the dominant value of the Kenyan society'

I mean the statement in itself encourages discrimination and makes a mockery of the spirit of the Constitution to grant every person equal protection. Constitutional protection is not for the popular. 

2. To invoke Article 45 (definition of marriage) to restrict the Freedom of Expression is just ludicrous. There is no relation between the two. One deals with real life relationships while the latter in this case protects a work of fiction. Article 33 is not subjected to Article 45. 

3. It does seem that this problem extends to the powers given to the Board by the Films and Stage Plays Act. Administrative action has to be subjected to constitutional values and principles, key of which is respect for the Bill of Rights. Therefore, the room for discretion is minimal. The grounds for restricting or even banning the public viewing of a work of fiction (right to give and receive information) are set in stone. They are not to be subjected to the moral views of the current Board membership. Otherwise, there will be no predictability in administrative action. 

4. 'Kenya is a country with a culture, beliefs and shared values’. This is false. The Constitution even recognises and seeks to uphold our diversity. 

To look at this as a mere religious or even moral dilemma is to subjectively apply the Bill of rights. No matter how uncomfortable it makes us, we must advocate for the highest degree of respect for the Bill of rights. If we let some injustice slide, we will not realise when the whole essence of the protection is washed away. 

> On 30 Apr 2018, at 14:55, Mildred Achoch <mildandred at gmail.com> wrote:
> 
> Attached is the explanation given for the banning. (Source: Twitter)
> 
> Regards,
> Mildred Achoch.
> 
> On Monday, April 30, 2018, kanini mutemi via kictanet <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>> wrote:
> For sure the film does not constitute propaganda for war, hate speech, advocacy for hatred or discrimination neither does it undermine the rights and reputation of others. These are the only acceptable limitations to the freedom of expression (Article 33). 
> 
> 
>> On 30 Apr 2018, at 14:05, Alex Comninos via kictanet <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>> wrote:
>> 
>> I am not sure what the film is about in its entirety, but the main
>> storyline is a lesbian romance in Nairobi. It is the first Kenyan film to
>> be nominated for the Cannes film festival and will premiere there on the
>> 8th of May.
>> 
>> Here is the trailer for the film https://www.youtube.com/watch?v=7M_-ucSaFpU <https://www.youtube.com/watch?v=7M_-ucSaFpU>
>> 
>> 
>> On Mon, 30 Apr 2018 at 12:57, Dorcas Muthoni <dmuthoni at gmail.com <mailto:dmuthoni at gmail.com>> wrote:
>> 
>>> What is the film about?
>> 
>>> On Mon, Apr 30, 2018, 1:55 PM Alex Comninos via kictanet <
>> kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>> wrote:
>> 
>>>> Hi
>> 
>>>> I was shocked to learn that the film classification board has banned an
>>>> LGBT film, Rafiki.
>> 
>>>> Our Film and Publication Board recently attempted this but it was
>> reversed
>>>> by the courts.
>> 
>>>> Films are ICTs and we should be discussing this on the list.
>> 
>>>> I am looking forward to the discussion.
>> 
>>>> Kind regards,
>>>> Alex
>> 
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>> 
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>> 
>> -- 
>> ...
>> Alex Comninos
>> http://comninos.org <http://comninos.org/>
>> 
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>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
>> 
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> 
> 
> 
> -- 
> Check out the Rock 'n' roll film festival, Kenya TV Channel! 
> http://kenyarockfilmfestivaljournal.blogspot.com <http://kenyarockfilmfestivaljournal.blogspot.com/>
> 
> 
> 
> <Db83ow8WsAAOf4A.jpg><Db83nq0XUAAOJ7R.jpg>

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