GAZETTE NOTICE NO. 9588

IN EXERCISE of the powers conferred by section 15 (2) (b) of the Films and Stage Plays Act, the Kenya Film and Classification Board prescribes the Guidelines set out in the Schedule hereto for the classification of films. SCHEDULE THE FILMS AND STAGE PLAYS (FILM CLASSIFICATION) GUIDELINES, 2024 PART I—PRELIMINARY MATTERS Citation. These Guidelines may be cited as the Films and Stage Plays (Film Classification) Guidelines, 2024. THE KENYA GAZETTE 2nd August, 2024 Interpretation. In these Guidelines, unless the context otherwise requires— “affectionate behaviour” means physical expressions of love including touching, hugging, hand-holding, kissing and cuddling; “classifiable element” means a specific consideration whose depiction may influence the rating of a film; “coarse language” means crude or offensive language that lacks refinement or taste; “drug abuse” means the improper or excessive use of drugs; “explicit” means language or depiction with strong details relating to sexual acts or violence; Cap. 7N. “hate speech” has the same meaning assigned to it in section 13 (1) of the National Cohesion and Integration Act; “horror” means the use of intense frightening images, themes and scenes in a film to elicit a sense of dread, shock and fear likely to scare or upset the audience;the use of intense frightening images, themes and; “nudity” means the state of having no clothes on; “pornography” means the depiction of sexual acts intended to cause sexual excitement; Cap. 411A. “programme” shall have the same meaning assigned to it in section 2 of the Kenya Information and Communications Act; “restricted film” means a film that is not permitted to be distributed, exhibited or broadcast in Kenya; “sexual act” means physical and non-physical behaviour or expression including flirting, sexual communication, suggestive gestures, or even noncontact activities that elicit sexual arousal or gratification; Cap. 63A. “sexual offence” shall the same meaning assigned to it assigned to it in Section 2 of the Sexual Offences Act; Application. These Guidelines shall apply to films and posters that created, broadcast, possessed, distributed and exhibited in Kenya. Principles. In the application of these Guidelines, the Board shall apply the following principles— (a) Theme: which considers the setting of film, manner of presentation and intention of the film as the theme; (b) Context: which determines whether a classifiable element is justified by the storyline, time, setting, the manner of presentation and overall intention; (c) Intensity: which is the degree in which a theme, or a classifiable element is presented in a film which contributes to the overall impact of the film; (d) Frequency: which is a measure of the number of times a classifiable element appears in a film and therefore contributes to the impact of the film; (e) Tone: which is the consideration of the mood and perspective of a film; (f) Impact: which is the effect that individual classifiable elements, their intensity, frequency and tone have on a film; and (g) Release format: which considers technical clarity, user interactivity such as playback ability of a film and the effect of technology. Film Rating and Classification Rating Scale (1) The Board shall, when classifying a film or poster, place the frequency and intensity of classifiable elements into a scale which shall range from zero to five and rate the film, poster or programme in the manner specified in the First Schedule. (2) The film rating specified in the third column of the First Schedule shall be interpreted in accordance with the Second Schedule. General Exhibition Films A film shall be classified as a general exhibition film if that film is suitable for general family viewing and does not contain scenes that may be harmful or disturbing to children. Parental Guidance Films (PG-10) (1) A film shall be classified as a film requiring parental guidance for children of age of ten years and above as that film contains scenes that may upset the children. (2) A film classified as a film requiring parental guidance for children of age of ten years and above contain themes with very mild sense of threat or menace and will be justified by context. (3) The depiction of classifiable elements in the film will also be very mild. Parental Guidance Films (PG-13) (1) A film shall be classified as a film requiring parental guidance for children of age of thirteen years and above as that film contains scenes that may upset the children. (2) A film classified as a film requiring parental guidance for children of thirteen years and above contains themes with mild sense of threat or menace and will be justified by context. (3) The depiction of classifiable in the film will also be mild. Films Unsuitable for Children Younger than Sixteen Years (1) A film shall be classified as being unsuitable for children younger than sixteen years if the film portrays mature themes. (2) The themes in a film unsuitable for children younger than sixteen years shall be treated with discretion and shall be appropriate for audiences which include persons who are older than sixteen years old. (3) A film that is unsuitable for children younger than sixteen years shall not be exhibited for audiences which include children who are younger than sixteen years. Adults Only Films (1) A film shall be classified as an adults’ only film if it contains scenes which are suitable for adults and may portray and explore themes of a mature nature. (2) An adults’ only film shall not be exhibited for audiences which include children who are younger than eighteen years. Restricted Films (1) A film shall be a restricted film if it contains scenes that are described under paragraph (f) of the Second Schedule. (2) A restricted film shall not be exhibited or distributed. Consumer Advice (1) A classification decision may include consumer advice which will be in the form of alphabetic symbols with the main intention of alerting the public to particular elements that are significant and may be potentially disturbing, harmful or inappropriate for children below a specified age. (2) The consumer advice shall be in accordance with the Consumer Advisory Index provided for in the Third Schedule. FIRST SCHEDULE (p. 11 (1)) FILM RATING Scale Intensity of classifiable elements Film rating 0 Low impact classifiable elements General Exhibition (GE) 1 Very mild impact classifiable elements Parental Guidance 10 (PG 10) 2 Mild impact classifiable elements Parental Guidance 13 (PG 13) 3 Moderate impact classifiable elements Unsuitable for persons younger than sixteen years (16) 4 Strong impact classifiable elements Adults only (18) 5 Extreme impact classifiable elements Restricted. 2nd August, 2024 THE KENYA GAZETTE SECOND SCHEDULE (p. 11 (2)) INTERPRETATION OF FILM RATINGS GENERAL EXHIBITION Themes should generally have a low or no detrimental effect and not contain any disturbing, harmful, or inappropriate scenes that encourage imitable behaviour. Thematic Area Classifiable Elements Violence Violence and cruelty are not permitted. Crime Depiction of crime and glamorisation and justification of crime and criminal techniques is not permitted. Sex Sexual acts are not permitted. References to and depictions of carnal knowledge of any person against the order of nature are not permitted. References to and depictions of intimacy of the same sex are not permitted. Obscenity Depiction of indecent exposure or offensive gestures is not permitted. Nudity Nudity is not permitted. Depiction of undressing, whether sexually suggestive or otherwise, is not permitted. Frontal nudity is not permitted. Drugs, alcohol and harmful substances References to alcohol and drugs or their use are not permitted. Religion and community Portrayal of profanity against any religion or community is not permitted. Portrayal of religions or communities, their symbols, rituals or practices in a distorting, demeaning or derogatory manner is not permitted. Horror and occult Depiction of horror is not permitted. Propaganda for war, hate speech or incitement to violence Depiction of incitement to violence, exaggerated or misrepresented facts in order to incite war, hate speech or violence is not permitted. Advocacy for hatred Depiction of or reference to discrimination or vilification is not permitted. Language Use of offensive language; expletives; derogatory language; and rude gestures is not permitted. PARENTAL GUIDANCE -10 (PG-10) Themes may contain mild scenes which may cause discomfort to unaccompanied children. Furthermore, elements may be infrequent, non-imitable and without emphasis. Thematic Area Classifiable Elements Violence Depiction of very mild violence and cruelty may be permitted if justified by context. Crime Depictions of cruelty and glamourization and justification of crime and criminal techniques may be permitted if justified by context. Sex Depiction of and references to sexual acts are not permitted. References and depiction of carnal knowledge of any person against the order of nature is not permitted. References to and depictions of intimacy of the same sex is not permitted. Depiction of affectionate behaviour may be permitted if justified by context. Obscenity Depiction of indecent exposure or offensive gestures is not permitted. Thematic Area Classifiable Elements Nudity Nudity is not permitted. Depiction of undressing, whether sexually suggestive or otherwise is not permitted. Frontal nudity may be permitted if justified by context. Drugs, alcohol and harmful substances Depiction to alcohol, drug and substance use is not permitted unless it is justified by context. Reference to implied alcohol, drug and substance use is not permitted unless it is justified by context and contains a suitable anti- use message. Religion and community Portrayal of profanity against religion or community is not permitted. Very mild portrayal of religions or communities, their symbols, rituals or practices may be permitted if justified by context. Horror and occult Depiction of horror shall be non-threatening or tinged with humour. Frightful scenes shall be very mild, infrequent and not psychologically disturbing if justified by context. Depiction of implied mystical, supernatural powers and practices may be permitted if it is justified by context. Propaganda for war, hate speech or incitement to violence Depiction of incitement to violence, exaggerated or misrepresented facts in order to incite war, hate speech or violence is not permitted. Advocacy for hatred Depiction of or reference to discrimination or vilification is not permitted. Language Very mild use of offensive language; derogatory language; and rude gestures may be permitted if justified by context. PARENTAL GUIDANCE – 13 (PG-13) Themes may contain mild impact classifiable elements that are non-threatening, confusing or disturbing that will require parental guidance. Thematic Area Classifiable Elements Violence Mild depiction of implied violence may be permitted if justified by context. Depiction of violence shall not dwell on cruelty, infliction of pain or torture of any form. Depiction of sexual violence is not permitted. There shall be no emphasis on injuries or blood. Depiction of implied or verbal mild domestic violence may be permitted if justified within context and contains a message discouraging it. Depiction of verbal reference of sexual violence that is brief and nongraphic may be permitted if it justified by context and contains a message discouraging it. Crime Mild depiction of crime may be permitted if justified by context. Sex Depiction of sexual acts may be implied and shall be infrequent if justified by context. Depiction of mild and infrequent suggestive affectionate behaviours may be permitted if justified by context. References or depiction of carnal knowledge of any person against the order of nature is not permitted. Depiction of alternative sexualities is not permitted. References to and depictions of intimacy of intimacy of the same sex is not permitted. THE KENYA GAZETTE 2nd August, 2024 Thematic Area Classifiable Elements Obscenity Mild depiction of indecent exposure or offensive gestures may be permitted if justified by context Nudity Infrequent, brief and discreet depiction of partial nudity may be permitted if justified by context. Frontal nudity may be permitted if justified by context. Drugs, alcohol and harmful substances Discreet references to alcohol, drug and substance use may be permitted if they do not promote or endorse abuse and are justified by context. Religion and community Depiction or references of religions or communities, their symbols, rituals or practices may be permitted if justified by context. Horror and occult Frightening scenes may be permitted if they are not prolonged, disturbing or intense if justified by context. Depiction of infrequent mystical, supernatural powers and practices may be permitted if justified by context. Propaganda for war, hate speech or incitement to violence Depiction of incitement to violence, exaggerated or misrepresented facts in order to incite war, hate speech or violence is not permitted. Advocacy for hatred Depiction of or reference to discrimination or vilification is not permitted. Language Mild use of offensive language; expletives; derogatory language; and rude gestures may be permitted if justified by context. UNSUITABLE FOR PERSONS YOUNGER THAN SIXTEEN YEARS Themes may contain moderate impact classifiable elements that are non-threatening, confusing or disturbing that will require parental guidance. Thematic Area Classifiable Elements Violence Depiction of infliction of pain, injury and blood may be permitted if it is not prolonged or detailed and justified by context. Depiction of sexual violence is not permitted unless justified by context and accompanied by a strong message against it. Normalizing the use of violence, Emphasis on violent techniques, and cruelty towards animals has to be moderate and justified by context. Crime Depictions of cruelty; and glamourization and justification of crime and criminal techniques may be permitted if justified by context. Sex Moderate depiction of sexual acts may be implied and shall be infrequent if justified by context. Depiction of moderate suggestive affectionate behaviours may be permitted if justified by context. References or depiction of carnal knowledge of any person against the order of nature is not permitted. Depiction of alternative sexualities is not permitted. References to and depictions of intimacy of the same sex is not permitted. Obscenity Depiction of indecent exposure, offensive gestures may be permitted if justified by context. Nudity Discreet and fleeting nudity may be permitted if justified by context. Frontal nudity may be permitted if justified by context. Drugs, alcohol and Depiction of and references to alcohol, drug and substance use are permitted if they do not Thematic Area Classifiable Elements harmful substances promote or endorse abuse and are justified by context. Religion and community Depiction or references of religions or communities, their symbols, rituals or practices may be permitted if justified by context. Horror and occult Prolonged frightening scenes may be permitted if justified by context. A sustained focus on sadistic cruelty is not permitted. Depiction of mystical, supernatural powers, paranormal practices and activities may be permitted if not prolonged and justified by context. Propaganda for war, hate speech or incitement to violence Depiction of incitement to violence, exaggerated or misrepresented facts in order to incite war, hate speech or violence will not be permitted. Advocacy for hatred Depiction of or reference to advocacy for hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm or is based on any ground of discrimination is not permitted. Language Moderate use of; offensive language; expletives language; derogatory language; and rude gestures may be permitted if justified by context. ADULTS ONLY Portrayal and exploration of mature themes are allowed. Themes may contain strong impact classifiable elements that are threatening, confusing and disturbing to minors. Thematic Area Classifiable Elements Violence Realistic depiction of infliction of pain, injury and blood may be permitted if justified by context. Depiction of sexual violence without context is not permitted. Crime Strong depiction of crime or criminal techniques may be permitted if justified by context Sex Depiction of sexual acts may be permitted if justified by context. References or depiction of carnal knowledge of any person against the order of nature is not permitted. Depiction of alternative sexualities is not permitted. References to and depictions of any forms of same sex intimacy is not permitted. Obscenity Depiction of indecent exposure or offensive gestures may be permitted if justified by context Nudity Nudity with strong detail may be permitted if justified by context. Close up of genitalia is not permitted. Frontal nudity may be permitted if justified by context. Drugs, alcohol and harmful substances Depiction of alcohol, drug and substance use may be permitted if justified by context. Religion and community Depiction or references of religions or communities, their symbols, rituals or practices may be permitted if justified by context. Horror and occult Prolonged or intense scenes that evoke fear or terror may be permitted if justified by context. Sustained strong psychological horror that does not focus on significant gory injury details or acts of sadistic torture may be permitted if justified by context. 2nd August, 2024 THE KENYA GAZETTE Thematic Area Classifiable Elements Depiction of mystical, supernatural powers, paranormal practices and activities may be permitted if justified by context. Propaganda for war, hate speech or incitement to violence Depiction of incitement to violence, exaggerated or misrepresented facts in order to incite war, hate speech or violence is not permitted. Advocacy for hatred Depiction of or reference to advocacy for hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm or is based on any ground of discrimination is not permitted. Language Strong use of offensive language; expletives; derogatory language; and rude gestures may be permitted if justified by context. RESTRICTED Thematic Area Classifiable Elements Violence Glamorization of domestic violence without context. Explicit and prolonged depictions or descriptions of glorified violence without context. Depictions of extreme cruelty without context. Normalizing the use of violence, emphasis on violent techniques, and cruelty towards animals without context. Crime Depictions of extreme cruelty, and glamourization and justification of crime and criminal techniques without context. Sex Portrayal of child pornography is not permitted. Depiction of gratuitous, exploitative, or offensive depiction of sexual acts. References or depiction of carnal knowledge against the order of nature. Depiction of alternative sexualities is not permitted. Depiction of sexual offences is not permitted. References to and depictions of intimacy of the same sex is not permitted. Obscenity Frequent depiction of indecent exposure or offensive gestures is not permitted if not justified by context. Nudity Portrayal of exploitative nudity is not permitted. Close up of genitalia without context. Frontal nudity without context. Drugs, alcohol and harmful substances Detailed depiction of alcohol and drug use glorifying, normalising and promoting abuse. Religion and community Negative depiction or references to religions or communities, their symbols, rituals or practices. Horror and occult Depiction of prolonged scenes that evoke extreme fear or terror. Depiction of extreme mystical, supernatural powers, paranormal practices and activities. Propaganda for war, hate speech or incitement to violence Depiction of incitement to violence, exaggerated or misrepresented facts in order to incite war, hate speech or violence. Advocacy for hatred Depiction of or reference to advocacy for hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm or is based on any ground of discrimination. Language Frequent use of offensive language, expletives, derogatory language and rude gestures that is not justified by context is not permitted. THIRD SCHEDULE (p. 12 (2)) CONSUMER ADVISORY INDEX The Consumer Advisory Index shall be: Classifiable Element Index Violence V Crime C Sex S Obscenity O Nudity N Occult OC Horror H Drugs D Alcohol A Harmful Substance HS Community CM Propaganda for War W Hate Speech HS Incitement to Violence IV Language L Photo or pattern sensitivity, motion sickness and reactions to low frequency sound PPS Imitable Acts and Techniques IAT Dated the 9th July, 2024. JOHN NJOGU NJOROGE Chairman, Kenya Film Classification Board. PASKAL OPIYO, Ag. Chief Executive Officer, Kenya Film Classification Board,