Summary of the Regulations Under the Film and Stage Plays Act, Cap 22: The Films and Stage Plays Act, Cap 22, is an Act of Parliament enacted to regulate the making of cinematographic films and for the licensing of stage plays, theatres and cinemas, and for connected purposes. Section 35 of the Act gives the Minister the discretion to enact Regulations for giving effect to the provisions under the Act. In exercising this vested power, the Minister recently enacted various regulations; each regulation shall be discussed and summarised below.
1. The Films and Stage Plays (Self-classification) Regulation, 2024
The objective of these Regulation is to create a procedure for the identification and co-option of distributors and exhibitors of films to examine and classify films in accordance with the Act. The Regulations are applicable to broadcasters and providers of video-on-demand and over-the-top services there are accessible in Kenya. They place an obligation on the Board to classify and rate advertisement films, music videos and other classes of films distributed or exhibited in Kenya.
Self-Classification Certificate
Entities that broadcast or offer video-on-demand services or over-the top services through which films are viewed, distributed or exhibited, may apply to the Board for a self-classification certificate. The application is accompanied by:
- a prescribed fee;
- A description of the classification ration mechanism to be used;
- For providers of video-on-demand services and over-the top services, a description of the process to be used to remove the film from the film library; and
- A catalogue of the films in the library for video-on-demand and over-the-top services and a program schedule for broadcasters.
Upon being satisfied with the application, the Board will issue the entity with a self-classification certificate as provided for under schedule 4 to the Regulations. This certificate will be valid for one year from the date of issue, and it shall state the following details:
- particulars of the registered entity including the name and address in Kenya;
- The date of issue;
- Validity period of the certificate;
- The nature of business or the services provided; and
- The conditions, if any, imposed by the Board on the entity.
As a means of monitoring compliance, upon issuance of a certificate the Board is granted access to the entity’s film library.
Validity and re-classification
Ratings provided to a particular title by an entity are only valid for the same duration as that of the certificate. Upon expiry, the entity has to re-classify films that are still in the catalogue and assign to them the appropriate classification rating. However, if the Board determines that a classification should not have been made or that a different classification should have been granted, then the Board may direct that the film not be broadcasted or be removed from the film library and not be viewed or exhibited in Kenya, or assign a different that the classification be changed. Such directions from the Board shall be in writing and shall specify the reasons for withdrawal or reclassification, and compliance period for the entity.
Film ratings to be displayed
The Regulations mandate that during exhibition of a film, the appropriate rating information should be displayed in a clear, visible and legible manner. The information shall be displayed as provided for under the Consumer Advisory Index prescribed by the Board.
Complaints
The Regulations then describe the complaints procedure. A complaint by a viewer is first directed to the entity who should act within 7 days of receiving the complaint. If the viewer or subscriber is not satisfied with the action by the entity, or if the entity has not resolved the complaint, then the viewer my then notify the Board in writing of their complaint. The Board shall within 7 days of receiving the complaint direct the entity to make changes to the classification, direct that any future broadcast, distribution or exhibition of the film. Be prevented. The entity within 3 days must adhere to the direction, or may appeal the directions in writing to the Cabinet Secretary.
The Cabinet Secretary then conducts a hearing and may either uphold the directions, revokes the directions or revises the directions. If the entity or Board are dissatisfied with the decision, they may appeal to the High Court within 30 days of the determination.
Review
The Board may at anytime seek to review a film to determine whether it has been correctly classified and rated. If it finds that the classification is wrong then the Board shall re-classify the film or direct that any further broadcast, distribution or exhibition be prevented.
Non-transferability of classification ratings
A classification rating assigned to a film cannot be transferred from one entity to another.
Annual Reports
An entity with a certificate is obligated to, on the expiry of the certificate to submit a list of films classified by the entity and exhibited or distributed in Kenya during the validity of the certificate. The list shall specify the name of each film, classification rating assigned to the film, the classifiable elements in respect of each classified film and any other information as the Board may require.
Offences and Penalties
A contravention of the provisions of the regulations is an office and attracts the penalties prescribed in the Act.
Schedules
The Regulation then provide for schedules that contains a fee schedule, the self-classification certificate, the complaints procedure guide and the complaints form.
2. The Films and Stage Plays (Film Distribution and Exhibition) Regulations, 2024
The objective of these Regulations is to provide for the licensing procedure for distributors and exhibitors of films. Exhibitors and Distributors have to apply to the Board in the prescribed form and pay the prescribed fees as provided for under the schedules to the Regulations.
The license shall be in form 1 as set out in the first schedule and it shall contain the following details:
- the name and registered business address in Kenya of the distributor or exhibitor;
- The date of issue;
- The condition, if any are imposed by the Board.
The license is valid for a period of one year from the date on which it was issued.
The Board then issues a compliance certificate in form 2 as set out in the first schedule. The certificate shall specify:
- the name and registered business address in Kenya of the distributor or exhibitor;
- The date of issue;
- The period of validity; and
- The conditions, if any are imposed by the Board.
The schedules to the Regulations set out the license, the compliance certificate and the annual fees payable by distributors and exhibitors based on various categories.
3. The Films and Stage Plays (Film Censorship) (Amendment) Regulations, 2024
These Regulations amend the principle Regulations by deleting Regulation 11(1) and replacing it with a new sub-regulation that provides as follows:
A certificate of approval issued under section 16(5) of the Act, shall- a) in the case of a filming license, be in form 1 as set out in the first schedule; b) in the case of a film poster, be in form 2 as set out in the first schedule; and c) be signed by the Chief Executive Officer.
The Certificate of approval for a film contains the date of issue, certificate number, the title of the film, the classification label, thematic elements, to whom the certificate is granted and the place it can be exhibited in.
The Regulations describe the classification labels that should be displayed for every film.
- Films approved for General Exhibition shall have a green label with letters “GE” in a triangle;
- Films approved as unsuitable for children under 10 years shall have a yellow label with the letters “PG-10” in a triangle;
- Films approved as unsuitable for children under the age of 13 years shall have an orange label with the letters “PG-13” in a triangle;
- Films approved as unsuitable for children under the age of 16 years shall have a blue label with the number “16” in a circle; and
- Film approved as unsuitable for children under the age of 18 years shall have a red label with the number “18” in a circle.
The inscriptions for (a) (c) (d) and (e) above shall be in white and the inscriptions for (b) shall be in black.
The Regulations are accompanied by two schedules. The first schedule has the approval certificates and the second schedule has classification fees.
4. The Films and Stage Plays (Cinematographic Films) (Forms and Fees) (Amendment) Regulations, 2024
The Regulations apply to fees payable for application for filming licenses and registration of film agents.
A new provision is inserted to define a film agent as a person duly registered by the Board to provide filming facilities, equipment or any other service to foreign film-makers in Kenya.
A film agent must apply to the Board to be registered in the prescribed form and pay the prescribed fees. The Board then issues a registration certificate in the form set out in the third schedule. The registration certificate is valid for one year form the date it is issued, albeit it is renewable upon expiry.
The Second schedule provides for the filming fees based on the number of minutes of the film, seasons and number of filming days.
The Regulations discussed above provide for various compliance points that film makers, distributors and exhibitors have to keep in mind.
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