Kenya threatens to block Netflix, says 'unregulated arrival' of the global video streaming service 'is a threat to our moral values and national security'.

Kenya is threatening to block Netflix two weeks after the "unregulated arrival" of the global video streaming giant's service across Africa, with Kenya now slamming Netflix as "a threat to our moral values and national security" for showing extreme violence and nudity and promoting irresponsible sexual behaviour and drug abuse.

Kenya's Netflix fury comes three months after Nigeria in October 2015 forced satellite pay-TV provider MultiChoice and Discovery Networks International (DNI) to abruptly pull the transgender teen reality show I Am Jazz from its TLC Entertainment (DStv 172) channel for allegedly "promoting undesirable ideas that will offend the Nigerian public".

Since there's only one TLC Entertainment channel feed for the entire Africa, the Nigerian threat and resultant censorship and removal from the schedule mean that the entire Africa was prevented from seeing the show.

Now another African nation is up in arms about global TV content funneled to conservative African viewers who are sensitive over on-air depictions of sex, nudity, language and violence.

The Kenya Film Classification Board (KFCB) is now threatening to block Netflix in Kenya, saying its "a threat to our moral values and national security" because Netflix fails to conform to Kenya's ratings and classification regulations as provided in law.

Interestingly Netflix content in South Africa has also not been classified by the Film and Publication Board (FPB), although the Naspers rival ShowMax does contain, show and adhere to the FPB classification system for the country.

At a press conference in Nairobi, Bishop Jackson Kipkemoi Kosgei, chairperson of the classification board, said Netflix must be subjected to Kenya's rules and regulations and that Netflix's content is classified and rated on a system that is at odds with Kenya's regulatory and film classification standards.

"The board regards this development as a gross contravention of the laws governing film and broadcast content distribution in Kenya," says the board, noting that "as Kenyans, we therefore need to ask all the right questions about the unregulated arrival and future of Netflix in the country".

According to the East African country's film classification board, content that Netflix deems fine for 13-year olds "contain classifiable elements such as extreme violence, nudity, promotion of irresponsible sexual behaviour, inappropriate language and drug abuse".

"As a progressive country, we cannot afford to be passive recipients of foreign content that could corrupt the moral values of our children and compromise our national security," said Kosgei.

"It will be against our mandate to allow our children to get ruined by inappropriate content in the name of profit".

Netflix in a statement says that its not a traditional broadcaster not an internet television network.

"We empower consumers to make smart viewing choices by providing details on the titles on Netflix, including ratings and episode synopses. We also provide parental controls".

Besides thousands of hours of content that's not available on Netflix in South Africa and the rest of Africa due to licensing rights not being available and making for an already reduced content offering, Netflix has toned down the sex and nudity when it launched in Africa earlier this month, culling a large number of titles that falls under the banner of "erotica" and that contains nudity and sex.

Although Netflix has is able to offer this programming and has no licensing rights impediment as with some other programming, its notable that the streaming service isn't making this content available in Africa.

BREAKING. Shocking internet censorship looms for all South African websites, internet publications, blogs - even Facebook postings.

Dangerous internet censorship looms for all South African websites, internet publications, in fact anything published in South Africa from blogs, even Facebook – in a shocking new draft Online Regulation Policy gazetted by the Film and Publications Board (FPB).

Through the proposed regulations, a clampdown on freedom of speech looms for all internet publishers in South Africa and anyone in the country writing a blog or even doing a Facebook posting.

The civil society watchdog organisation, The Right2Know Campaign, in a strongly-worded statement, is now warning South Africa, the media and citizens, and demanding that the FPB scrap the draft Online Regulation Policy document which was gazetted on 4 March.

The watchdog organisations says the FBP must stop the attempt to exercise "pre-publication censorship" of the internet in South Africa.

According to the Right2Know Campaign, the censorship regulations would infrige on the South African public's right to freely get information – as well as to impart information – a right enshrined in the South African Constitution.

"The target of this regulation is not just major distributors, but also individuals," says the Right2Know Campaign. "In terms of the wording of the document, everything published on the internet – including blogs, personal websites and Facebook pages".

Online distribution agreement

According to the document, anyone in South Africa – from individuals to publishers and media organisations – who wish to publish or distribute content will have to first "apply" for a "digital publisher's online distribution agreement" with the Film and Publication Board. 

This will require a subscription fee.

In addition, once paid, the publisher would have to submit the content to the FPB for classification prior to publishing. "This effectively is a specific form of pre-publication censorship, which is not acceptable," says the Right2Know Campaign.

"Moreover, the time spent on the pre-classification of content would undermine one of the most valuable traits of the internet – its immediacy."

"There is also a very real threat that in the future, organisations lacking in resources and unable to afford costly subscription fees, such as community-oriented news outlets and civil society groups, will be severely hampered by the unnecessarily bureaucratic regulations envisioned by the FPB."

"These online media outlets provide a valuable contribution to the diversity of the South African media landscape. The FPB draft regulations will disenable this diversity."

'Classifiers' dispatched to your premises

The Right2Know Campaign says that "worryingly, the regulations would allow the FPB to dispatch classifiers to the distributors' premises for the purposes of classifying digital content."

Furthermore "distributors would have to ensure that the work of classifiers takes place unhindered and without interference."

"The vague wording of the regulations would allow for 'classifiers’ to visit, for example, the homes of citizen journalists and ordinary internet users. Such sweeping powers reek of apartheid-era censorship, whose advocates similarly relied on the guise of moralising arguments," says the Right2Know Campaign.

'Ignorance of how the internet works'

The Right2Know Campaign says the shocking draft regulations "reveals a massive ignorance on the part of the FPB on how the internet actually works."

The Right2Know Campaign says "the FPB has failed to adequately consult with relevant stakeholders before drafting the document."

"Only industry stakeholders were invited to participate behind closed doors, while civil society was excluded from the process despite the fact that the regulations could have profound consequences for ordinary members of the public."

"The Right2Know Campaign condemns this latest attempt to broaden the power of authorities to censor and restrict publishable content — the sort of action characteristic of an increasingly overbearing, paranoid and insecure state."

"The Right2Know Campaign demands that the Film and Publications Board immediately withdraw the draft online regulation policy document."

"The FPB must desist from any attempt to regulate internet content. We already have laws to protect our children, and laws on hate speech. The FPB's draft online regulations smack of unnecessary censorship, are unconstitutional and must be scrapped."

TopTV must now register as a porn purveyor with the Film and Publication Board (FPB) for its trio of sex channels.

On Digital Media (ODM) which runs the struggling TopTV satellite pay-TV service in South Africa will now have to register as a porn purveyor broadcasting sexually explicit content says South Africa's Film and Publication Board (FPB).

South Africa's broadcasting regulator, the Independent Communications Authority of South Africa (Icasa) last week announced that ODM's application for authorisation for a trio of sex channels as part of a separate porn bouquet is approved.

TopTV is currently in business rescue and facing liquidation unless China's StarTimes or Dynamic TV with a loan from MultiChoice gets approval to become a new capital investor.

TopTV wants to broadcast the three TV channels - Playboy TV, Desire TV and Private Spice - as a separate bouquet and with a rating classification of R18.

The channels are provided to TopTV by Playboy TV UK / Benelux Limited in England and are uplinked through SES Platform Services in Munich, Germany to South Africa.

According to the FPB, the pay-TV operator will have to register "as a distributor of sexually explicit content".

According to the FPB, "distributors of sexually explicit content which may be classified as X18 must register with the FPB and must also be holder of a licence to conduct the business of adult premises (broadcasting)."

REACTION. TopTV porn channels approval leads to widespread and mixed reactions after Icasa says ODM can start a separate porn bouquet.

A former TopTV subscriber showed how he crushed his TopTV decoder in this file photo from December 2011 when news first surfaced about TopTV's first attempt to start porn TV channels in South Africa. Reaction is once again widespread over TopTV's porn plans now given the go-ahead by the country's broadcasting regulator.


Reaction is widespread and mixed after South Africa's broadcasting regulator, the Independent Communications Authority of South Africa (Icasa) approved On Digital Media's (ODM) plan for a separate porn bouquet of three sex channels.

ODM which runs the struggling TopTV satellite pay-TV service is currently in business rescue since October 2012. ODM is trying to prevent liquidation by attempting to get approval for a massive capital injection bail-out from China's StarTimes which could become a business partner and who is willing to pump millions into the loss-making Woodmead-based operation.

TopTV wants to broadcast the three TV channels - Playboy TV, Desire TV and Private Spice - as a separate bouquet and with a rating classification of R18. The channels are provided to TopTV by Playboy TV UK / Benelux Limited in England and are uplinked through SES Platform Services in Munich, Germany to South Africa.

TopTV's application for authorisation provoked a record reaction from South Africa's society to the regulator, with more than  285 submissions which had been received.

After Icasa on Wednesday announced that ODM is granted permission to start the separate porn bouquet on TopTV, reaction is as widespread, mixed and ongoing. TopTV said it was "pleased" with Icasa's decision and won't be commenting further on the matter since the company is under business rescue.

South African pay-TV executives working in content and across the local pay-TV industry and none wanting to comment on the record publicly since their views might not be reflective of their companies, were this week also split about TopTV's porn bouquet plan approval.

"There is a market for it. Some people are hungry for this kind of content," said one. "It [porn channels] helps to drive [pay-TV] uptake but you risk alienating and losing core subscribers who are your bread and butter," said another. "It's high time," said a a third longtime person working in pay-TV content; "it won't stimulate and grow the local TV industry, rands in fact leave South Africa to pay the foreign content providers supplying this premium priced content," said another.

Cosatu, South Africa's largest trade union federation says it it "shocked and disappointed" at TopTV's porn bouquet approval. Cosatu is a shareholder in TopTV through Kepano ke Matla Investment which is an investor in TopTV. Cosatu is Kopano ke Matla's sole beneficiary.

Cosatu said last month that after TopTV's first application for a porn bouquet which was denied, that it felt "betrayed" by Kepano ke Matla and that Kepano assured Cosatu that it would "not pursue the matter further".

Cosatu says it will be meeting with civil society organisations about TopTV's porn plan. Cosatu might consider a public campaign over TopTV's porn plan.

The South African Film and Publications Board (FPB) says it advocates the protection of children from exposure to harmful content. The FPB says it is hopeful that the protection of children will not be compromised.

The Family Policy Institute (FPI), a large Christian network, called Icasa's decision to allow TopTV to broadcast porn "disappointing". "The only recourse we have is to intensify the nationwide boycott. We are calling on all South Africans to cancel their TopTV subscriptions immediately," says the FPI.

The Apostolic Faith Mission of South Africa, Assemblies of God of South Africa, the Baptist Union of South Africa, the Southern African Catholic Bishops Conference, Church of England in South Africa, the Dutch Reformed Church, the Full Gospel Church of South Africa, the Methodist Church of Southern Africa, the Evangelical Alliance of South Africa and the Association of Vineyard Churches in South Africa are taking part in and supporting a boycott of TopTV.

"It does not really matter that this would be offered on an extra bouquet. It is still TopTV, says the FPI. "This is a first for South Africa. The pay-TV operator is being allowed to introduce pornographic channels into the nation. We believe it will be extremely harmful."

"South Africa is a nation with one of the highest rates of sexual violence against women and children and this decision is bound to increase gender abuse. Tens of thousands of children have been exposed to pornography via the internet and television and now we have growing rates of children sexually abusing other children."

"TopTV has declared this as a 'victory' for democracy. There is no victory when men are reduced to slaves of their lusts and women are portrayed as mindless sex objects."

The Muslim Judicial Council (MJC) calls the decision "shocking". The MJC says it "fully support the call for a boycott made against TopTV, its advertising agents and sponsors."

"We further condemn TopTV for promoting destructive material in order to save itself from impending financial ruin," and that TopTV subscribers should cancel their TopTV subscriptions. "The reason for this call is that their subscriptions gave TopTV the financial clout to now screen a pornography bouquet. It is the pornography that will sustain TopTV financially."

The Freedom of Expression Institute (FXI) says Icasa's decision to approve TopTV's porn channels application "will create a more competitive broadcasting industry with more vibrant players; in turn giving viewers more choice and value for money."

PROPERLY DONE. Reeva Steenkamp not included in the 'In Memoriam' tribute of the 7th Saftas; segment done right the first time ever.

Reeva Steenkamp, the current Tropika Island of Treasure 5: Jamaica contestant on SABC1 who was shot and killed by Oscar Pistorius was strangely left out of the "In Memoriam" tribute of the 7th South African Film and Television Awards on Saturday night - however the usually always botched "In Memoriam" tribute was for the first time ever in the history of this usually dismal South African TV awards show, done properly and right.

The "In Memoriam" segment is a tribute dedicated to South African film and television talent who've passed away in the past year.

Besides the noticeable Reeva Steenkamp ommission, the Saftas "In Memoriam" segment, usually painfully pathetic for a litany of production problems, for the first time ever were not marred by mistakes. 

Unlike in the past with the Saftas during the "In Memoriam" tribute no names were obscured by the musical act or weird camera angles, names were each individually flashed, fully, on screen and were then also shown on the stage screen.

There were no spelling mistakes, no sound problems, and the string heavy sentimental musical number "Khumbul'Ekhaya" performed live by The Muffinz was appropriate in tone and performance and perfect. The simple design of black-and-white tribute cards also worked.

"Thank you to The Muffinz for a deeply moving tribute to some very talented people. They may be gone, but their work lives on," said Connie Ferguson, co-host of the 7th Saftas.

The Saftas "In Memoriam" segment honoured Marjorie Brooks-Morris, Greg Cameron, Jan de Klerk, Jaco Espach, Justin Wayne Fouche, Milla Louw, Hulisani Memetsi, Richard Matthews, Thami Geoffrey Mbenge, Humble Mhlongo, Morgan Naidu, Lloyd B. Phillips, Llewelyn Roderick, Daniel Richmond Setshedi, Zwelakhe Sisulu, Andre Smit, Andrew Thompson and Louis van Rensburg.

BREAKING. TopTV and its Top Movies channel guilty of contravening Broadcasting Code with graphic movie; gets a serious warning.

You're reading it here first.

The South African pay TV operator Top TV (TopTV 100) has been found guilty of contravening the Broadcasting Code of Conduct for Subscription Broadcasting by broadcasting a movie, The Alarmist, which contains graphic sexual content, with a wrong and too low age restriction advisory and showing it way too early at 17:00.

Although TopTV has not been fined for the transgression of showing the movie with an incorrect age restriction and too early in the day, the Broadcasting Complaints Commission of South Africa (BCCSA) has given TopTV a stark warning in its judgement: "The error made in this case, should however, caution the broadcaster to take much more trouble in establishing what the guidance of the South African Film and Publication Board (FBP) is".

The FPB is responsible for rating all movies and providing a classification for films for South Africa.

TopTV in its response admitted that it didn't contact the South African Film and Publication Board (FPB) when it couldn't find an age classification and rating for the film online, and only contacted the FPB telephonically after the BCCSA and TopTV received the viewer complaint.

TopTV which applied its own rating of 13 LS, was told by the FPB that the movie carries the substantially higher 16 LS age restriction. TopTV then immediately re-rated the film by by then had already showed it.

"Where a broadcaster departs from a classification made by the FPB by making it less stringent, it must give very good reasons for such a departure," says the BCCSA in its judgement.

"Since the broadcaster immediately rectified the error after the complaint was received and conceded that it had made an error, we have decided that a reprimand will suffice," says the BCCSA in its judgement.

BREAKING. South Africa's Film and Publication Board to strongly oppose TopTV's plans for Playboy porn channels as a separate package.

South Africa's Film and Publication Board (FPB) tells TV with Thinus that the body will ''strongly oppose'' TopTV's plans to launch a separate porn package of 3 Playboy channels as part of a separate subscription in 2012, saying that TopTV's porno plan is not in the interest of children.

TopTV shocked South Africa's TV industry this week when the South African pay TV operator did a 180 about-turn and announced plans for R18 rated hardcore pornography channels which it wants to make available to subscribers on a separate subscrition.

TopTV has already signed a carriage agreement with Playboy TV for 3 porn or so-called ''adult channels''.

TopTV has applied to the Independent Communications Authority of South Africa (Icasa), submitting an ''application for authorisation of channels''. Icasa told TV with Thinus earlier this week that the application is under review and that ''the authority has not taken a decision yet''.

TopTV plans to offer the 3 Playboy channels together as a separate subscription to subscribers, who will pay R199 for the 3 channels together that will each run as 24 hour channels and need a separate PIN to be accessed.

''We did note the proposed pornographic channels by TopTV. We are going to strongly oppose the channels and the pornography plans and we will be engaging Icasa about TopTV plan,'' says Mlimandlela Ndamase, the Film and Publication Board spokesperson.

''We do respoect the law which allows people to have access to pornography should they so wish. The law allows for people seeking pornography to get it via shops and specific outlets where strict regulations apply, but on television the Film and Publication Board's view is that it is most inappropriate and not in the general interest of children or society,'' he said. ''In the interest of children we believe it not wise to offer this kind of content on television. If people want it there are places where they can go to to access it.''

''TopTV has indicated that it's decided to go ahead with the submission. The Film and Publication Board will oppose it and we have noted the strong reaction from South Africa's civil society. We will definitely engage with Icasa on the matter, similar to when MultiChoice had similar plans previously to broadcast 24 hour pornography in the country,'' says Mlimandlela Ndamase.

TopTV CEO Vino Govender previously agreed, saying before launch of the pay TV operator that ''we are running our business with strong Christian ethical codes and we are not planning to introduce a porn channel. Besides, we don't want to poison the minds of millions of SA children out there.''

In a statement to TV with Thinus earlier this week TopTV now says that ''stagnating to past statements will not serve changed needs from our clients or assist our growth.''

''We have looked into this from all possible angles and as people with families were are very mindful of our subscribers. We are approaching this in a very responsible way and will ensure that our current and future subscribers' values are in no way compromised.''

TopTV says the pay TV operator is ''aware that adult content is a very sensitive subject and as a result we have structured the channels as an additional stand-alone package such that those who do not subscribe to the channels will in no way be exposed to the content.''