KFCB Goes After Kenyans Leaking Nudes Of Politicians, Celebrities
KFCB announced that it would push for the arrest and prosecution of persons fond of intruding on the lives of other parties without permission
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The Kenya Film and Classification Board (KFCB) on Wednesday, April 26 embarked on an online crackdown against the rampant leaking of explicit photos and videos of prominent persons on the internet without their consent.
In a four-page document seen by Viral Tea, KFCB announced that it would push for the arrest and prosecution of persons fond of intruding on the lives of other parties without permission from them.
"It is illegal to share intimate images or videos of other parties without their consent. Section 37 of the Computer Misuse and Cybercrimes Act states: "A person who transfers, publishes, or disseminates, including making a digital depiction available for distribution or downloading through a telecommunications network or through any other means of transferring data to a computer, the intimate or obscene image of another person commits an offence and is liable, on conviction to a fine not exceeding two hundred thousand shillings (Ksh200,000) or imprisonment for a term not exceeding two years, or to both.
"Further, Article 31 (c) of the Constitution provides for the right to privacy over information relating to one's family or private affairs. This provision protects one's intimate images from being unnecessarily required or revealed," the statement read in part.
A photo KFCB Ag. CEO Christopher Wambua addressing a press conference on Wednesday, April 26, 2023. /KFCB
According to KFCB Chief Executive Officer (CEO) Christopher Wambua, the Kenyan courts have imposed highly punitive fines on violators of the provision, calling upon victims of the gross violations not to suffer in silence but also seek legal redress for the perpetrators.
At the same time, Wambua noted that the laws of Kenya make it illegal for persons to distribute and possess obscene cinematograph films meant to corrupt morals, referring to Section 181 (1) (a) of the Penal Code which threatens a 2-year jail term or a fine of Ksh7,000 for being in possession of any obscene cinematograph films for the purpose of or by way of trade or distribution or public exhibition.
"Therefore, persons that are streaming explicit sexual content on social media platforms risk arrest and prosecution. It is important to note that the Board has been and shall continue to monitor various platforms with a view to collecting evidence for onward transmission to the Directorate of Criminal Investigation for prosecution," added Wambua.
Consequently, the oversight institution appealed to parents, caregivers and guardians to pay attention and to keenly monitor the content children under their care access on social media networks, broadcast channels and other platforms, especially, during the April holidays.
"In cases where children have access to the Internet and smart devices, parents must exercise responsibility to ensure minors do not access inappropriate content. Further parents are encouraged to activate the safety features available on various platforms and smart devices used by minors in order to protect children from corruption of their morals," the CEO went on.
KFCB also urged social media platform operators, online distributors and exhibitors to enforce their community guidelines strictly to avoid misuse of their platforms and to moderate their content in alignment with Kenya's laws and cultural values.
In addition, they were also asked to institute appropriate parental control mechanisms in the interest of enhancing online safety, especially for children.
Wambua called for social media users to reflect on child online safety before sharing video/film content on digital platforms, urging them to make reference to the film Classification Guidelines which the Board uses to assign age-appropriate ratings, which are available on KFCB's website for free.
KFCB was responding to concerns it raised over the sharing of graphic and disturbing audio-visual content on social media platforms in utter disregard for the interests and safety of children and other vulnerable members of society.
"In the recent past, this vice has not only become rampant but also taken a disconcerting turn with some bloggers and social media users sharing extremely offensive video content with the potential to cause harm. A case in point is the recent streaming of graphic content of a mother killing a minor in Kitengela.
"At the same time, some social media users are increasingly misusing digital apps to host and stream live video sessions of explicit adult shows in blatant breach of the laws of the land. Indeed, some apps are being transformed into digital brothels from midnight onwards," added the film regulator.
