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KFCB Bans Indian Gay-Themed Film Titled: Badhaai Do

The Kenya Film Classification Board (KFCB) today restricted an Indian-produced gay-themed film dubbed: Badhaai Do. The Board restricted the film from exhibiting within the Republic of Kenya because of the producers’ intent to promote the same-sex marriage agenda as an acceptable way of life.
 
Addressing the media during a Press Conference at the Board’s offices in Nairobi on Monday 14th February, 2022, the Ag. Chief Executive, Mr. Christopher Wambua, said the Board had received the 147-minute drama comedy film to examine and classify before public exhibition in cinema theatres. 

He added that the film was examined by both the Board’s internal and external examiners while basing on the existing classifiable elements and standard guidelines including: Violence and Crime, Sex, Obscenity and Nudity, Occult and Horror, Drugs, Alcohol and other Harmful Substances, Religion and Community and Propaganda for War, Hate Speech and Incitement.

“Upon examination of the film, we noted a clear intent by the producers’ to promote same sex marriage which is evident through the gay and lesbian characters in the film who explicitly seek to normalize their feelings for each other and ultimately convince their families to embrace and empathize with them. Furthermore, the choice of characters equally seeks to abuse establishments such as the disciplined forces and academia, professions that epitomize sobriety and virtue, and that society holds in high regard, Mr. Wambua told journalists.

Press conference 2

The Ag. CEO said that Article 45 of the Constitution of Kenya (2010) defines marriage as a union between persons of the opposite sex, adding that, Sections 162, 163 and 165 of the Penal Code criminalizes homosexual behaviour and that the film overtly disregards Kenya’s laws, constitution and sensibilities as a people. 

“Homosexuality remains an anathema and claims such as ‘Love is Love’, ‘I am okay’ with ‘my son being a gay’, ‘gay people can adopt’ among others, as portrayed in the film fly in the face of our laws and values. Moreover, the film tries to directly influence the viewer into believing that homosexuality is a normal way of life. This is clearly evident by use of symbolic colours that are associated with LGBTQ+ as displayed towards the end of the film,” he stated.

Mr. Wambua said that while the film is acceptable in its country of origin, India, the Board has rated it as RESTRICTED in Kenya as it propagates a worldview that is in dissonance with Kenya’s constitution, culture, values and norms and could easily expose vulnerable consumers to perversion. He also stated that, any films or broadcast content appearing to legalize, advocate, normalize or glorify the act contravenes Kenya’s laws and therefore, the film is unacceptable and an affront to Kenya’s culture and identity.

“While adults and people who subscribe to the LGBTQ+ may have a right to choose what they consume within the parameters of the law, children and other vulnerable segments of society are at the risk of being corrupted,” he added.

The Ag. CEO warned that any attempt to exhibit, distribute, broadcast or posses the RESTRICTED film or any other RESTRICTED films within the Republic of Kenya shall be met with the full force of the law, stating that the Board remains vigilant to ensure that films exhibited in Kenya promote our cultural values including preserving the institution of family.

Mr. Wambua urged local and international filmmakers wishing to create audio-visual content to strictly adhere to the provisions of the Films and Stage Plays Act by acquiring filming licences as well as submitting their content for examination and classification for age suitability before public exhibition.

The Board’s Ag. Chief Executive also called upon parents, guardians and caregivers to remain vigilant and monitor the content their children watch on TV and other broadcast channels and guide them appropriately.
 
On the same note, the Board raised concerns over a worrying trend where audio-visual content bordering on political incitement and hate speech is being produced, uploaded and peddled on social media platforms in blatant breach of the provisions of Article 33 and 34 of the Constitution of Kenya (2010) and KFCBs Film Classification Guidelines. 
 
Mr. Wambua reminded content creators to strictly adhere to the provisions of the Films and Stage Plays Act and other laws. “It is worth noting that, in the past one month, the Board has flagged down audio-visual content on hate speech and reported the same to relevant Government and private sector agencies for appropriate action,” he stated.

He said the Board shall remain vigilant in monitoring film and broadcast content shared on social media platforms and other broadcasting channels in line with its regulatory mandate. The Board remains committed to working closely with other relevant Government and private sector agencies to execute its regulatory mandate, especially in the electioneering period. 

The Ag. CEO said that while the Board recognizes and appreciates the existence of Articles 33, 34 and 35 (Freedom of Expression, and Freedom of the Media and Access to Information), there is need for content creators, the media and the public to be cautious of the content they upload or share on social media since no freedom is absolute.