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Netflix stops streaming LGBTQ-specific movies in Kenya

Company signed agreement with country’s government

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Kenya and Netflix Africa have signed an agreement that ends the streaming of LGBTQ-specific movies in compliance with the country’s laws.

The agreement allowing Netflix to self-classify movies streamed in Kenya by restricting the LGBTQ-specific content was officially signed in February this year after talks that began in October 2021.  

An official at Kenyaā€™s film regulator, the Kenya Film Classification Board, told Washington Blade that Netflix has already paid for a films distribution license within the country and it is currently under processing.

ā€œAfter signing the agreement, they (Netflix) are already developing a classification system that is aligned with the local classification standards so that every film on Netflix will be Kenyan ratings once it is in place,” the official said.  

The Kenya Film Classification Board considers LGBTQ-specific content under the ā€œrestricted categoryā€ that is not allowed for broadcast, exhibition and distribution to the public because it glorifies, normalizes, promotes and propagates homosexuality against the law.  

ā€œThe developed system must be brought to KFCB to confirm whether it generates results that are aligned with our local classification system before the board adopts the ratings,ā€ the official stated.  

The official noted the boardā€™s technical staff is ready to offer any assistance to Netflix personnel in developing the system.      

Kenya does not recognize consensual same-sex relations and they are criminalized under Section 165 of the Penal Code

Parliament in March approved a resolution banning public discussions of LGBTQ-specific issues, including in the media. The Family Protection Bill, 2023 would impose the death penalty on LGBTQ people and criminalizes the so-called promotion of LGBTQ practices in the country.

The KFCB derives powers from the Films and Stage Act to regulate the exhibition, distribution, possession, or broadcasting of content to the public. 

“Basically, we were given authority by the government to introduce classification for broadcasters, video-on-demand and over-the-top media services,ā€ the official said.  

Live programming and news, however, are exempted from the boardā€™s content classification.  

The rapid growth in digital technology has also prompted the board to reconsider effective ways of classifying and regulating films streamed on numerous digital platforms like video-on-demand services.

There is, for example, a proposed law dubbed Kenya Film Bill that seeks to empower the KFCB in its film classification and regulation duties in this digital era.     

The proposal would recognize the board’s key roles of regulating the creation, broadcasting, distribution, possession, and exhibition of films through the issuance of licenses to filmmakers, distributors and exhibitors. It would also affirm the KFCBā€™s mandate in classifying films under different categories, such as films that are either restricted or prohibited in Kenya.  

The board is also targeting other video-on-demand streaming platforms in restricting LGBTQ-specific content in Kenya apart from reaching a deal with Netflix.

ā€œWe have already initiated talks with Showmax and the local Safaricom and Viusasa platforms with such video-on-demand services, among other platforms considered as distributors of this streaming content,ā€ the KFCB official said.  

The board’s push for the streaming platforms to self-classify movies in line with Kenyan laws makes it easy for its officials to monitor compliance. 

Kenya and Egypt have the highest number of Netflix subscriptions in Africa. 

Egypt’s media regulator in September 2022 had warned the streaming platform and Disney+ against broadcasting LGBTQ-specific such content as it breached its ā€œsocietal values.ā€  

Uganda is the latest African country to join Egypt and Kenya in banning the broadcasting of LGBTQ-specific content after the signing of the Anti-Homosexuality Act with a death penalty provision for “aggravated homosexuality.”

This prompted DStv-Uganda owned by South Africaā€™s MultiChoice Company to stop airing movies with LGBTQ-specific content in compliance with the new law.     

Broadcasting or showcasing LGBTQ-specific movies in Kenya by filmmakers has on several occasions put them at loggerheads with the KFCB. 

The board in September 2021 banned a gay documentary, ā€œI Am Samuel,ā€ that a local filmmaker produced. The KFCB termed it “blasphemous” because it promoted “values that are in dissonance with our constitution, culture, values, and norms.” 

The documentary, nevertheless, has been screened at more than 25 film festivals around the world and streamed on iTunes, Vimeo and other international platforms. 

The governmentā€™s move to ban the documentary attracted criticism from filmmakers and rights groups who termed the decision as an abuse of the freedom of expression that the Kenyan Constitution guarantees. Kenyan courts dismissed their petition that challenged the ban.

Apart from Netflix and the Kenya Film Classification Board signing an agreement restricting the streaming of LGBTQ-specific movies within Kenya, the two parties have also been engaging to ensure children in the country are not exposed to harmful content online.   

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Africa

Kenyan advocacy group offers safety tips to LGBTQ hookup app users

Blackmail, kidnappings and assaults are commonplace

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The growing cases of queer people in Africa becoming victims of blackmail, physical and sexual assault from online hook-ups have compelled a Kenyan LGBTQ rights group to work with the community to help it stay safe when using digital platforms.

Upinde Advocates for Inclusion held a 3-day training from May 11-14 to teach queer people about unsafe social media and dating app hook-up practices that suspected homophobes exploit.

The Mombasa-based group of which Lizzie Ngina is executive coordinator noted lesbian, bisexual and queer women, and gender non-conforming people are the most frequent targets online and on Grindr and other dating apps.

 ā€œLBQ women and GNC persons confront major challenges in terms of digital security and data protection, freedom of expression, assembly, association, speech, privacy, protest and online organizing,ā€ Upinde Advocates for Inclusion stated.

Although the digital platforms were seen as convenient meet-up places for LGBTQ people in overcoming physical anti-gay attacks, Upinde Advocates for Inclusion said anti-gay discrimination, marginalization, gender-based violence, misinformation, and disinformation limits LGBTQ and gender non-conforming people from accessing the social media services. Ā Ā Ā 

Queer people while using dating apps and social media for hookups were, however, urged to first trust their intuition before deciding to have a physical meeting with people with whom they chat online.

ā€œIf it does not seem like someone you are messaging is using their true identity, they probably are not. In this case, do not agree to meet them in person,ā€ Upinde Advocates for Inclusion warned. 

It asked LGBTQ users to ensure the first in-person meeting with someone they met online is in a public place that is queer-friendly and known to them. Upinde Advocates for Inclusion also advised queer people to inform their trusted friends or family about their meeting plans, the place, and how long they expect it will take place in order to ensure someone can intervene if something goes wrong.

ā€œOrganize your own means of transport to and from the meeting, and do not accept a free ride from a stranger,” the group warned. “Also, do not move to a secondary location if you feel unsure during the meeting.ā€ 

Upinde Advocates for Inclusion also warned queer app users to remain sober during the meeting and cautioned against leaving their food or drinks unattended in order to avoid any potential risks associated with spiking.

The National Gay and Lesbian Human Rights Commission, Ishtar-MSM and other Kenyan LGBTQ advocacy groups that offer legal aid to queer people last year reported about 100 cases of blackmail, extortion, physical and sexual assault against their members by suspected homophobes they met on dating apps and social media.

The two organizations this month noted 10 of the cases are expected before courts soon, although they said most victims of anti-gay attacks don’t report them to the authorities because they fear further stigmatization and discrimination. Consensual same-sex sexual relations also remain criminalized in Kenya. 

Targeting the LGBTQ community on digital platforms and dating apps is not unique to Kenya.

The Washington Blade last month reported it is still risky for queer Nigerians to search for a partner or to use gay dating apps infiltrated by homophobes who lure them to meet in-person and then rob or assault them. South African authorities last year arrested four men in connection with the targeting of Grindr users.

LGBTQ Kenyans urged to protect themselves at protests

Upinde Advocates for Inclusion in their workshop taught participants about the signs that suspected homophobes or their associates have compromised their devices. They include unusual activities on their cell phones that include calls with untraced history, disappearing blank messages, blinking screens, high data consumption, devices that overheat when not in use and echo when picking calls and quick battery depletion with minimal use.

ā€œIf you suspect your device is compromised, do not format or reset it, log out all the accounts, find an alternative device to use, change the password for the accounts on the device, and do not connect the gadget to any other devices,ā€ Upinde Advocates for Inclusion warned. 

The group also taught queer people about how they should conduct themselves when taking part in street protests amid anti-gay attacks. Upinde Advocates for Inclusion advised them to always to identify safe alternative routes to and from the protests, wear comfortable running shoes, and always carry a spare outfit that is not LGBTQ-specific.

ā€œIf you are in a group, always strategize on having a meeting point should there be any danger or should you get separated,” the group stated. “Also, try to split up responsibilities among the group so that one person canā€™t be targeted.ā€

Upinde Advocates for Inclusion also urged queer people to always leave a protest before it ends, to have an emergency contact on speed dial or memorize it for immediate help in case of danger and to always to keep in touch with a trusted contact who is familiar with the protest but not attending it. 

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Ugandan president meets with US ambassador

Unclear whether William Popp raised Anti-Homosexuality Act

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Ugandan President Yoweri Museveni meets with U.S. Ambassador to Uganda William Popp on May 10, 2024. (Photo courtesy of Museveni's X account)

Editor’s note: This article has been updated.

Ugandan President Yoweri Museveni on May 10 met with U.S. Ambassador to Uganda William Popp.

Museveni in a post to his X account described the meeting, which took place at his official residence in Entebbe, as “productive.”

“We discussed key issues, such as the upcoming Census, regional peace, and socio-economic development. I emphasized the need for an inclusive census for informed decision-making,” said Museveni. “I also shared my views on fostering peace and security in the region. Additionally, we discussed opportunities in transitioning our population from a rural-based pre-capitalist society to industry and services.”

statement the Ugandan Foreign Affairs Ministry released noted Popp “conveyed his appreciation for the president’s valuable time and wise counsel.” 

“He also acknowledged President Museveniā€™s extensive knowledge and experience, underscoring the importance of their continued dialogue in fostering a strong and mutually beneficial relationship between the United States and Uganda,” said the statement.

The statement further notes Foreign Affairs Minister Jele Odongo; Defense and Veterans Affairs Minister Jacob Oboth-Oboth; Rosette Byengoma of the Defense Ministry; and Lt. Gen. Samuel Okiding, who is deputy chief of the Ugandan defense forces, attended the meeting.

The meeting took place nearly a year after Museveni signed the Anti-Homosexuality Act that, among other things, contains a death penalty provision for ā€œaggravated homosexuality.ā€

The U.S. has sanctioned Ugandan officials and removed the country from a duty-free trade program. The World Bank Group also suspended new loans to Uganda in response to the Anti-Homosexuality Act.

The Ugandan Constitutional Court last month refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists have appealed the ruling.

It is not clear whether Popp raised the Anti-Homosexuality Act with Museveni during their meeting.

“We do not discuss the details of private diplomatic engagements; however, we have regularly raised with the highest levels of Ugandan government U.S. government concerns about democratic space, rule of law, and respect for human rights for all Ugandans, including members of the LGBTQI+ community in relation to the 2023 Anti-Homosexuality Act,” a State Department spokesperson told the Washington Blade on Wednesday.

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South African president signs new hate crimes, hate speech law

Advocates largely welcome new statute

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South African President Cyril Ramaphosa during a campaign stop speaking with attendees at the ANC Party Rally on May 10, 2024 in Tshwane, South Africa (Photo courtesy of Ramaphosa's Facebook page)

South African LGBTQ organizations have welcomed a new law that seeks to combat hate crimes and hate speech.

President Cyril Ramaphosa on May 9 signed the Preventing and Combating of Hate Crimes and Hate Speech Bill that had been introduced in 2018.

According to the new law; the direct or indirect unfair discrimination against anyone on the grounds of age, albinism, culture, disability, ethnic or social origin, gender, HIV status, language, nationality, migrant, refugee status, asylum seekers, occupation, trade, political affiliation, conviction, race, religion, sex, sexual orientation, gender identity or expression, sex characteristics or skin color is a criminal offense punishable by a fine or up to eight years in prison.

ā€œA hate crime is committed if a person commits any recognized offense under any law that is motivated by prejudice or intolerance based on one or more characteristics or perceived characteristics of the victim, as listed in the legislation or a family member of the victim,” said the president’s office. “The law also makes it an offense when speech material is intentionally distributed or made available in electronic communication, and the said person knows that such electronic communication constitutes hate speech.ā€

CrimenĀ injuria, theĀ unlawful and intentional impairing of dignity or privacy of another person under common law, was in place before the new law. Crimen injuria, which to extent protected some forms of hate againstĀ the LGBTQ community, is still active.

The Preventing and Combating of Hate Crimes and Hate Speech Bill, however, is more comprehensive in the sense that it particularly focuses on hate speech and hate crimes, and therefore makes it easier to seek legal recourse than under crimen injuria.

ā€œAs Out, we commend President Cyril Ramaphosa on the move that he has made in making sure that the rights of LGBTQ+ persons are protected. We, as Out, also hope that other African countries can learn from this historic milestone that all people are equal and that their rights should be protected,” said Out LGBT South Rights Human Rights Coordinator Sibonelo Ncanana. 

Ncanana specifically applauded Deputy Justice and Constitutional Development Minister John Jeffrey and the working group that helped secure the bill’s passage.

“We hope that all government departments will enforce the mandate of the act,” said Ncanana. “We also hope that it will help in decreasing the amount of hate crimes that are happening in South Africa, create safer communities, and that LGBTQ+ people will find themselves safe.”

Ruth Maseko of Umndeni LGBTI Group and the Triangle Project said the new law creates a precedent of what constitutes hate crime and the repercussions.

ā€œWe are delighted at the passing of the bill after so many years, as it creates a legal definition of hate crimes,” said Maseko. “This now puts in place mechanisms for authorities to collect and report details about these incidents of hate for the effective monitoring, analysis of trends, and appropriate interventions that are needed.”

Maseko added that although the new law will aid in giving the courts a framework to work in when handling cases of hate, it will not really deter people from committing those crimes.

ā€œThe new law will provide quantitative and qualitative data as currently we have no way of telling how many of these crimes are committed. The only way we know, is when they are reported to a civil society organization or are reported in the media,” said Maseko.

“Although it will do nothing to change the attitudes of people who act out in these ways, the law does send out a message that hate crimes will not be tolerated in South Africa and will provide additional tools to investigators and prosecutors to hold perpetrators accountable for their actions,ā€ added Maseko.

The law, however, does not consider actions undertaken in good faith as part of hate speech. They include artistic creativity, performance or other form of expression, academic or scientific inquiry fair, and accurate reporting or commentary in the public interest.Ā 

It also excludes interpretation and articulating or espousing of any religious conviction, tenet, belief, teaching, doctrine or writing that does not advocate hatred or constitutes incitement to cause harm. The law also contains directives on training and other measures to be undertaken by the South African Police Service and the National Prosecuting Authority to ensure effective processing of the newly defined crimes. 

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