KFCB Makes U-Turn, Withdraws 14-Day Demand To Kenyan YouTubers

UPDATE 7.29 pm: Kenya Films and Classification Board (KFCB) chair John Njogu Njoroge alias Njogu Wa Njoroge has directed that the management withdraw a 14-day ultimatum issued to various YouTubers over uploading audio-visual content to their channels without valid licences.

On his Facebook page, Wa Njoroge argued that Kenyan content creators should be encouraged and supported 100 per cent, further directing that an engagement be organized with all stakeholders.

"We should be training our youth on monetization, and we are deliberate on that matter.

"I have directed the management to withdraw the notices and organize for an engagement with all the stakeholders. We should be talking about thousands of opportunities if not hundreds of thousands of jobs in the digital media," he stated.

The Kenya Films and Classification Board (KFCB) is seeking to compel all Kenyan YouTube content creators to adhere to its regulations regarding uploading audio-visual content to their channels with a filming license from the board.

A letter dated Wednesday, May 22 seen by Viral Tea was addressed to nearly all YouTube content creators ranging from Oga Obinna to Abel Mutua, Ben Cyco, Jacky Vike (Awinja Nyamwalo), and YY Comedian among others.

“We refer to the above matter and write to you as follows: That our attention has been drawn to your YouTube channel where you have continuously uploaded audio-visual content for purposes of exhibiting and distributing it to the public, without acquiring the requisite filming licences from Kenya Film Classification Board.

“That Section 15 of the Films and Stage Plays Act, Cap 222 mandates the Kenya Film Classification Board (KFCB) to regulate the creation, broadcasting, possession, distribution and exhibition of film and broadcast content in the country,” read the letter in part.

KFCB further elaborated that Section 4 of the Act requires all filmmakers producing film within Kenya for public exhibition or sale, locally or internationally, to obtain a filming licence.

Additionally, Section 12 requires that all classes of film being distributed, exhibited or broadcasted within Kenya must be examined by KFCB and a certificate of approval issued.

“That consequently, we demand that you strictly comply with the requirements of the Films and Stage Plays Act by obtaining filming licences for your films, and submit them for examination and classification before the same is exhibited and distributed to the public through your YouTube Channel,” added the letter.

The film regulator went on to warn that it would seek legal action against the content creators for failing to comply with the licensing demands.

“Take notice that unless you comply with the above in the next fourteen (14) DAYS, we shall institute legal proceedings in accordance with the provisions of the Films and Stage Plays Act and other relevant laws, without further reference to you and at your own risks as to costs and other attendant consequences thereto,” added the letter.

The backlash towards KFCB was immediately felt. Jacky Vike, among the first YouTubers to react to the letter, claimed that the government was reversing the gains already made by Kenyan content creators to the point they have been recognized internationally.

According to the actress cum comedian, KFCB went on to impose the directive without even engaging the content creators themselves.

“Yani the Moment there have been Increased Positive Content Creation, Job Creation and International Recognition,  KFCB mnafufuka (you resurrect).

“The fact that you have not even considered a sit down with Content Creators, you’ve just gone straight to Red taping us, says so much about your intentions,” she wrote in a scathing statement on her social media handles.

It is worth noting that KFCB does charge for filming licenses and they don't come cheap, as stipulated in the Citizens' Service Delivery Charter.

Filming Licenses

This entails making full-length feature films, TV Series, Web and Docuseries per season as well as documentaries, short film features, advertisements, corporate videos, or music videos.

For making feature films, applicants are required to have a duly filled application form as well as a detailed synopsis, a screenplay, a shooting schedule, and a list of equipment.

For a license fee, one is charged Ksh15,000 per film and a filming fee of Ksh1,000 per filming day, within a timeline of 48 hours, a timeline also applicable for TV series.

For a TV series, web series, or docuseries per season, one will need a detailed synopsis, screenplay, shooting schedule, and a list of equipment. License fee charges are similar to those of making films.

Photo collage of popular Kenyan YouTubers. /TUKO.CO.KE

Kenyans seeking to make documentaries, short film features, advertisements, corporate videos, or music videos will require a duly filled application form as well as either a detailed synopsis, script, treatment or a storyboard, a shooting schedule, and a list of equipment.

They will pay a license fee of Ksh5,000 per film and a filming fee of Ksh1,000 each day for a timeline of between 10 and 25 minutes.