NAIROBI: Advertisers have protested against the ban on TV adverts for beer and condoms during prime time news.

In what they described as overstepping of boundaries, the Advertisers Standards Committee (ASC) has dismissed the ban on grounds that the Kenya Film Classification Board (KFCB) has no business handling adverts.

"The Kenya Film Classification Board is a statutory creature created by the Film and Stage Plays Act, Chapter 222 of the laws of Kenya. As implied by the name, this is a State corporation whose mandate is limited to regulation of the creation, broadcasting, possession and distribution of films and has no jurisdiction over television content or advertising," said ASC Chairman Joe Otin.

KFCB has, however, insisted that it is within its jurisdiction, citing Cap222 of the Film and Stage Plays Act that defines a film as a cinematographic film, recorded video cassette film, recorded video discs and any audio-visual; thus an advert is a film.

"The advertising and marketing industry in Kenya has a comprehensive advertising code and it is self-regulated; complete with a complaints body and even an appeals tribunal. In fact, both bodies have previously dealt with beer and advertising complaints and they were resolved," said Mr Otin.

He argued that in case of a problem, then the complainant should write to ASC and the issue would be resolved in accordance with the advertising standards that all companies adhere to in Kenya.

However, KFCB on Tuesday issued a ban on the said adverts on grounds of public outcry without consent of ASC with Trust Condom, Durex, Tusker Lite and London Distillers being the prime victims.

The regulator claimed some of the adverts glamorise abuse and misuse of drug and sex-related products, which puts the young generation at risk, especially during the holiday season.

Following the directive, KFCB and the National Alcohol and Drug Abuse yesterday said all media houses broadcasting unclassified advertisements will be henceforth be liable to lawsuits.

"We are determined to take action against media organisations that fail to comply with these provisions. These measures will include joint prosecutions of violators in liaison with other relevant law enforcement agencies," said KFCB boss Ezekiel Mutua.

Asserting that the move is 100 per cent backed by Parliament, Mutua said KFCB is not out to gag the media or demonise businesses.

Consumer Federation of Kenya official Stephen Mutoro has however lauded the move by KFCB.