NAIROBI: The Kenya Film Classification Board (KFCB) plans to sue Kenya Breweries Ltd and media houses for failure to withdraw unclassified adverts.
The board said KBL had refused to withdraw its beer adverts by December 30 as agreed. KFCB has consequently threatened media houses that they risk having their licences not being renewed as per the Kenya Information Communication Act (Kica) because of their continued running of the adverts.
In a press conference Thursday, KFCB Chief Executive Officer Ezekiel Mutua said the commission will be moving to court next week to make the culprits accountable.
“We have had positive engagement with the institutions following our notices dated December 10 and 21. However, some have not complied, and we will be moving to prosecute them according to the law,” said Mr Mutua.
After a meeting with KBL, KFCB claims that an agreement was reached that by December 30 there will be no KBL unclassified adverts running.
However, KBL through Oraro and Company Advocates, in a letter dated December 30 protested against the agreement, saying KFCB’s mandate does not extend to cover advertisements.
“Any contrary interpretation would not only be unlawful but will give rise to extremely wide and overreaching powers affecting even the 9pm news and football matches thus creating a regulatory minefield difficult for advertisers to cross,” reads part of the letter.
In the letter, KBL insists that advertising is a self-regulated industry with any related dispute being forwarded to the Advertising Standards Committee: “There is no legal mandate demanding all adverts be classified by KFCB as per the Film and Stage Plays Act.”
