Connect with us

Africa

Kenya seeks to ban LGBTQ movies on Netflix

Prohibition expected to take effect by end of year

Published

on

(Public domain photo)

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. 

ā€œAlready we have developed a draft agreement that defines how to conduct their (Netflix) operations in the country after another discussion in April this year,ā€ 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 companyā€™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 Kenyaā€™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.    

ā€œNetflix 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.

ā€œNetflix 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 ā€œsocietal valuesā€ and threatened to take action if not curbed.  

The first Netflix film, ā€œPerfect Strangers,ā€ 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. 

Egyptā€™s warning on Sept. 7 came a day after Saudi Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain and Oman demanded Netflix to drop ā€œoffensive contentā€ 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 2021Ā bannedĀ a gay documentary, ā€œI Am Samuel,ā€ produced by a local filmmaker.

The Kenya Film Classification Board said was ā€œblasphemousā€ because it promoted ā€œvalues 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.Ā 

Filmmakers and groups opposed to the governmentā€™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.        

ā€œThe 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,ā€ 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.Ā Ā 

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.   

ā€œIf 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,ā€ Wambua said. 

The Washington Blade has reached out to Netflix for comment.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Africa

Burundi’s president reiterates LGBTQ people should be stoned in a stadium

Ɖvariste Ndayishimiye first made comment last December

Published

on

Burundian President Ɖvariste Ndayishimiye (Screen capture via Gentil Gedeon Official YouTube)

Burundian President Ɖvariste Ndayishimiye on March 8 reiterated his call for LGBTQ people to be stoned in a stadium.

Ndayishimiye made the remark during the commemoration of the International Women’s Day in Gitega, the country’s political capital. He first called for the public stoning of LGBTQ people lastĀ December during a public event.

LGBTQ activists sharply criticized the comments and some international diplomats even threatened to cut economic ties with Burundi. Ndayishimiye, however, seems unmoved by this pushback and maintained that if it meant if his nation would cut economic ties with the developed countries on the basis of his anti-LGBTQ stance then so be it, reaffirming that nothing will change his stance.  

JĆ©sus Dior Kant, a gay man and LGBTQ activist from Burundi, said the president’s remarks are tantamount to publicly calling for the lynching of gay people.

“This violent and anti-LGBT+ rhetoric endangers the lives of many individuals in Burundi and stains the nation’s commitment to human rights,” said Kant. “Such discourse not only incites homophobia and violence but also violates international human rights laws and norms that protect individuals regardless of their sexual orientation or gender identity.”

Kant also said what Ndayishimiye said now poses a real and immediate threat for LGBTQ people in the country.

“The impact of this statement is not merely rhetorical, it poses a real and immediate threat to the safety and well-being of the LGBT+ community in Burundi,” said Kant. “It encourages hate crimes, promotes discrimination and undermines progress made towards equality and justice. This is not just a problem for the LGBT+ community but a stain on the moral fabric of our global society, reflecting on us all.”

Kant called for Ndayishimiye to immediately withdraw his remarks and commit to protecting the rights of LGBTQ people in the country.

“Your call to stone gay individuals constitutes a blatant violation of human rights and an incitement to violence and discrimination,” said Kant. “We implore you to take the necessary measures to withdraw your statement advocating violence against the LGBT+ community, commit to protecting LGBT+ individuals in Burundi by enforcing laws that guarantee rights and well-being and respecting international human rights conventions, ensuring that Burundi is a nation that respects and values every human life.” 

ClĆ©mentine de Montjoye, a researcher at Human Rights Watch’s Africa Division, said the anti-LGBTQ crackdown in Burundi could become worse, including continued political repression and restrictions on freedom of expression to maintain the governing partyā€™s control.Ā 

“This type of fearmongering is not new in Burundi, where sexual relations between people of the same sex have been illegal since former President Pierre Nkurunziza signed a new criminal code into law in 2009,” noted de Montjove. “The law was a fierce blow to Burundiā€™s LGBT people, who had begun to come out and organize, albeit in small numbers, to demand their rights be respected.”

De Montjove further noted the National Assemblyā€™s human rights commission added the anti-homosexuality provision in the 2009 criminal code at the last minute, apparently under pressure from Nkurunziza, who made statements on television that described homosexuality as a curse.

“Ndayishimiye, who presents himself as a progressive, rights-respecting leader, should be working to reverse this trend rather than stoking more fear and hatred,” said de Montjoye.

Continue Reading

Africa

Ugandan appeals court upholds ruling that blocked LGBTQ group from registering

Decision ‘doesn’t faze us’

Published

on

(Image by rarrarorro/Bigstock)

A Ugandan appeals court on Tuesday upheld a ruling that prevented an LGBTQ rights group from legally registering in the country.

The Uganda Registration Services Bureau in 2012 refused to legally recognize Sexual Minorities Uganda. The Uganda High Court upheld the decision in 2018, and SMUG appealed it to the country’s Registrar Court of Appeal.

“The LGBTQ community views this ruling as a missed opportunity to address the suppression of their freedom of association, instead focusing on perceived societal norms,” said SMUG in a press release. “It underscores a recurring trend in Ugandan courts, wherein rights of LGBTQ persons are marginalized, further widening the gap between legal protections and lived realities and experiences.”

Katie Hultquist of Outright International inĀ a post to her X accountĀ expressed her personal support for SMUG Executive Director Frank Mugisha, his organization and other activists in the country. Mugisha said SMUG is “fully committed to elevating this challenge to the next level.”Ā 

“After thorough debriefing, we will communicate our next strategic steps,” said Mugisha. “This ruling doesnā€™t faze us.”

The appeals court issued its ruling less than a year after President Yoweri Museveni signed the country’s Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.”

The Constitutional Court in December heard arguments in a lawsuit that challenges the law. It is not clear when a ruling will be issued.

Continue Reading

Africa

Prominent Angolan activist found dead in his home

Authorities say Carlos Fernandes showed signs he was strangled

Published

on

Carlos Fernandes (Photo courtesy of USAID Administrator Samantha Power's X account)

Authorities in Angola on Feb. 26 found a prominent activist dead in his home.

AssociaĆ§Ć£o ƍris Angola in a Facebook post wrote Carlos Fernandes, the group’s executive director, “was found lifeless in his residence” in Luanda, the country’s capital. Angolan media reports indicate authorities continue to investigate his death, but they suspect he was strangled.

His funeral took place on March 1. Activists throughout the country have organized candlelight vigils and other events to honor Fernandes.

“His departure leaves a huge void in our community and a deep mourning in our hearts,” said AssociaĆ§Ć£o ƍris Angola.

Angolan lawmakers in 2020 decriminalized consensual same-sex sexual relations and banned violence and discrimination based on sexual orientation in the former Portuguese colony. Fernandes was among the activists who championed these advances.

The State Department’s 2022 human rights report notes violence and discrimination based on sexual orientation and gender identity remains commonplace in Angola. Angolan media reports indicate Fernandes is the second LGBTQ person found dead with signs of strangulation in recent weeks.  

“Carlos Fernandes led the first LGBTQI+ group in Angola, and tirelessly advocated for human rights and ending the threat of HIV/AIDS,” said U.S. Agency for International Development Samantha Power in a March 6 post to her X account.

U.S. Ambassador to Angola and SĆ£o TomĆ© and PrĆ­ncipe Tulinabo Mushingi in a statement noted his embassy “was proud to partner with Mr. Fernandes over the past decade.”

“We are grateful for his important contributions to our programs supporting human rights, fighting against stigma and discrimination, expanding access to health and education resources for LGBTQI+ communities, combatting human trafficking and more,” said Mushingi. “In particular, his contributions to our PEPFAR (Presidentā€™s Emergency Plan for AIDS Relief) program expanded protection and treatment for HIV/AIDS to previously unreached communities.”

PEPFAR echoed these sentiments, noting Fernandes’ “contributions expanded protection and treatment for HIV/AIDS to previously unreached communities.”

“Carlos Fernandes is remembered as a resolute, strong, welcoming person,” said Mushingi. “As a true pioneer in the fight against discrimination, he created a family among the LGBTQI+ community in Angola, and his legacy as an activist will be carried on by generations of LGBTQI+ Angolans.”  

“We trust that the Angolan authorities will conduct a thorough investigation to ensure that any parties responsible are held accountable,” he added.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular