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Kenya seeks to ban LGBTQ movies on Netflix

Prohibition expected to take effect by end of year

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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.

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Africa

For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was “Mamba,” they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

“I’ll never forget that day,” Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. “I still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.” 

Biodun’s experience isn’t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

“Sometimes, I often wonder how they learned about these platforms,” Daniel, which is not his real name, told the Blade. “You would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.” 

One time, someone’s bio read, “I’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)” It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

“Before the removal of the screenshot option, I usually shared photos of others with my trusted friends,” Biodun shared. “But since that was taken off, there was no way for me to do that.” 

Although, according to Grindr’s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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Africa

Upcoming Ugandan Census will not count intersex people

Advocacy group report documents rampant discrimination, marginalization

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Uganda’s national Census next month will not count intersex people.

The revelation about the exclusion of intersex Ugandans in the 9-day Census exercise that will begin on May 10 has been confirmed to the Washington Blade by the head of Uganda’s Bureau of Statistics.

UBOS Executive Director Chris Mukiza in response to the Blade’s questions on the issue said the agency has “no business with intersex.”

Their counting could have made Uganda the second African country and the third globally after Australia and Kenya to collect an intersex person’s data in a Census. 

Kenya’s 2019 Census determined there were more than 1,500 intersex people in the country.

Uganda had a population of 34.8 million, according to the country’s last Census that took place in 2014.

Intersex people in Uganda are among marginalized groups, subject to stigma and discrimination. The government has yet to recognize them as the third sex and consider them among other minority groups, such as people with disabilities, who enjoy special treatment.

Intersex people cannot be exclusively categorized as male or female for having a biological congenital condition with unique sex characteristics due to inherent and mixed anatomical, hormonal, gonadal, or chromosomal patterns that could be apparent before, at birth, in childhood, puberty, or adulthood.

Mukiza’s position of excluding intersex people in the Census, however, comes amid the prime minister’s office’s demands for inclusivity and equality for all the population. (The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”)

“We recognize that much work remains to be done particularly in addressing the needs of the marginalized and vulnerable communities, promoting inclusive economic growth, and combating climate change,” said Dunstan Balaba, the permanent secretary in the prime minister’s office.

Balaba spoke on April 18 during the National Population and Housing Census prayer breakfast meeting the UBOS convened. Religious leaders and other stakeholders attended it.

President Yoweri Museveni has noted that data from the country’s sixth national Census will be crucial towards achieving the nation’s Vision 2040 and help the government, non-governmental organizations, and donors in providing services to the diverse population.

“It will also provide the basis for planning the provision of social services such as education, health, and transport, among others at the national and local level,” Museveni said as he urged citizens to fully support the Census and provide accurate information.

Uganda has an intersex rights organization, “Support Initiative for People with Atypical Sex Development (SIPD),” which activist Julius Kaggwa founded in 2008 with the support of groups that advocate for children, women, and other marginalized populations.

Some of SIPD’s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex people’s rights, and championing the need for organized medical and psychological support.

The organization, through its numerous reports, has decried human rights violations against intersex people that include surgery without consent, discrimination in homes, schools and medical centers, parents abandoning intersex children, and stigma due to lack of legal protection by the government.

Uganda’s Registration of Births and Deaths Act allows a parent or guardian of a child under the age of 21 to change the name or sex at the local registration office. The SIPD, however, maintains this law is discriminatory to intersex people over 21 who want to change their sex characteristics, and want parliament to repeal it. 

The intersex rights organization wants the Health Ministry to establish a central registry to register intersex children after they’re born in order to receive support in terms of healthcare, social and legal by the government and other stakeholders as they grow up. 

SIPD particularly wants the government to enact a policy that would allow a gender-neutral marker on birth certificates for intersex children to ease any change of sex in the future. The organization also wants the government, through the Education Ministry, to adopt a curriculum that also considers intersex issues in schools and creates a friendly environment for intersex children to learn and graduate like their non-intersex peers.

These demands follow SIPD’s findings that disclosed many intersex children were dropping out of school because of the stigma and discrimination they suffered. The organization has further called on the public-funded Uganda Human Rights Commission to live up to its constitutional mandates of defending human rights by leading the promotion and protection of the rights of intersex people across the country.

SIPD has also challenged religious leaders, who play a key role in Ugandan society and are influential at the local and national level, to promote acceptance of intersex people and to end discrimination against them.

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Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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