Local Filmmakers to Pay Less in License Fees, Broadcasters to Self-Regulate

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The government has proposed to reduce license charges applicable in the film sector for local filmmakers and other industry players.

According to revised regulations that are currently subject to public consultation, the Ministry of Youth Affairs, Arts and Sports has proposed a 15 per cent reduction in filming fees for local filmmakers.

However, the license fees for foreign filmmakers will remain unchanged.

Under the proposed regulations, the Kenya Film Classification Board (KFCB) will charge local companies lower fees for the examination and classification of film content.

The government has proposed a 15 per cent reduction in filming fees for local filmmakers.
The government has proposed a 15 per cent reduction in filming fees for local filmmakers.

The proposal is an apparent move to encourage broadcasters and cinema theatres to air and screen local film content.

Other proposals in the draft regulations include imposing lower classification fees on cinema operators, video shops, and dens with more screens.

This proposal is meant to encourage additional investment in the film exhibition sector and thus provide opportunities for local filmmakers to monetize their talent and content in line with the wider Government’s policy of putting money in the pockets of artists.

Kenya has a total of 39 cinema screens located mainly in the main cities.

New Film Rating

Further, local Video on Demand and other commercial online streaming platforms will enjoy lower film distribution license fees.

The Government has also proposed a new film rating, PG 13, in a move meant to bridge the huge rating gap for content meant for children aged between 10 and 16.  The current local film ratings include the General Exhibition (GE), Parental Guidance (PG), 16, 18 and Restricted.

The revised film classification guidelines also propose to outlaw the broadcast, distribution and exhibition of films that glamorize and promote gay themes.

KFCB uses the film classification guidelines to assign age-appropriate ratings to broadcast and film content.

Self-Regulate

Meanwhile, the proposed regulations, if adopted, will see broadcasters and online streaming platforms in Kenya be allowed to self-classify content exhibited on their platforms.

The proposed regulations are meant to help the Kenya Film Classification Board (KFCB) deal with the huge volumes of audio-visual content that require regulation in the digital age.

KFCB acting CEO Christopher Wambua at a past media briefing.

Currently, KFCB is required to classify and assign an age-appropriate rating to all films meant for broadcast, distribution and exhibition in Kenya.

Digital migration has increased the number of local TV channels as new commercial digital audio-visual platforms have emerged and proliferated.

KFCB, therefore, cannot cope with the volumes of film content that require classification before broadcast and distribution within Kenya.

According to the proposed self-classification regulations published on March 28, 2023, for public participation, broadcasters, Video on Demand and Over the Top service providers will classify all audio-visual content on their respective platforms.

Applicable entities will first be required to apply for authorization to self-classify subject to payment of the prescribed fees as well as undergoing mandatory training on the local film classification guidelines.

The training will help applicable entities curate their classification tools in harmony with the local classification standards.

The overall objective of the Films and Stage Plays (Self Classification) Regulations 2023, is to enhance compliance with film sector laws and to align regulation with technological trends, and market realities.

It is also part of the Government’s strategy to grow the creative industry through talent monetization.

Detailed draft Regulations and Guidelines can be accessed on the KFCB website.

The public consultations on the proposed regulations will close on Friday, April 21.

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