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Thursday, 31 December 2015

KBL IN BATTLE WITH KENYA FILM CLASSIFICATION BOARD

A legal battle is in the offing, after Kenya Breweries wrote to the Kenya Film Classification Board on threats of prosecution over what have been termed unclassified adverts.
In a letter through the law firm of Oraro & Company Advocates, the beer maker says that KFCB has no mandate on advertisement on any recorded visual medium meant for public consumption through television broadcasting.
But speaking at a press conference yesterday, the KFCB chief executive officer, Ezekiel Mutua, maintained the Board has the mandate of approving all adverts for public consumption that run on TV and that they must be rated and granted approval before they are aired.
Mutua said the Board will not be intimidated by KBL and is ready to move to court and seek clarification on the matter.
In their letter, KBL claim that they are recognised as “the second largest taxpayer in Kenya”. Mutua responded that while this may be true, “it is morally wrong and utterly unethical for the company to ride on their financial muscle to break the law with impunity.”
The Board on December 10 wrote to several companies, including KBL, Unilever (for its Lux soap advert), Pwani Oil and the makers of Durex condoms for running unclassified advertisements on TV.
According to Mutua, all the companies responded positively by either withdrawing the “offensive” adverts or submitting them for examination and classification. Some, including representatives from East African Breweries Ltd, the owners of KBL, sent a team to the Board for further engagement, he said.
However, he said, KBL later wrote a letter on December 30, stating that the Board was overstepping its mandate.
Mutua responded, “We must state that we shall utilise all the constitutional and legal authority bestowed on us by Kenyans to deal with such mischief and machinations as exhibited by KBL.”
The letter from KBL stated that the correct legal position with respect to advertising in Kenya is that it is a self-regulating industry, regulated by the Advertising Standards Committee (ASC). The letter said ASC has a comprehensive code, complaints body and an appeals tribunal.
While KBL copied its letter to the Attorney General and the Director of Public Prosecutions for a mediation session, Mutua said he had invited media owners, ASC, the Kenya Private Sector Alliance, the Kenya Association of Manufacturers, the Consumer Federation of Kenya and the Communications Authority, to create more awareness and compliance.
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