[kictanet] Banning of the FILM Rafiki

[Mildred Achoch]

Dear Kanini,

Thank you so much for your detailed and informative explanation! I really
appreciate it.

Regards,
Mildred.

On Monday, April 30, 2018, kanini mutemi via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> 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> 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> 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/w
>> atch?v=7M_-ucSaFpU
>>
>>
>> On Mon, 30 Apr 2018 at 12:57, Dorcas Muthoni <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> 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
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>> Twitter: http://twitter.com/kictanet
>> Facebook: https://www.facebook.com/KICTANet/
>> Domain Registration sponsored by www.eacdirectory.co.ke
>>
>>
>> Unsubscribe or change your options at
>>
>> https://lists.kictanet.or.ke/mailman/options/kictanet/dmutho
>> ni%40gmail.com
>>
>> 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.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>>
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>>
>>
>> --
>> ...
>> Alex Comninos
>> http://comninos.org
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>> Twitter: http://twitter.com/kictanet
>> Facebook: https://www.facebook.com/KICTANet/
>> Domain Registration sponsored by www.eacdirectory.co.ke
>>
>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>> ailman/options/kictanet/kaninimutemi%40gmail.com
>>
>> 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.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>>
>>
>
> --
> Check out the Rock 'n' roll film festival, Kenya TV Channel!
> http://kenyarockfilmfestivaljournal.blogspot.com
>
>
>
> <Db83ow8WsAAOf4A.jpg><Db83nq0XUAAOJ7R.jpg>
>
>
>

-- 
Check out the Rock 'n' roll film festival, Kenya TV Channel!
http://kenyarockfilmfestivaljournal.blogspot.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20180430/82c1fda6/attachment.htm>