Freedom of express is the most cherished
constitutional right without which no right or fundamental freedom under the
constitution can be enjoyed and even protected. Freedom of expression entails
the freedom to seek, receive or impart information, ideas, and artistic creativity
such as plays, drama, and music.
The Kenya Film Classification Board has proposed The Films, Stage Plays and Publications Bill, 2016(the
Bill) (which can be accessed
on their website at http://kfcb.co.ke/wp-content/uploads/2016/10/DRAFT-BILL-KFCB-21-7-Draft-10.pdf).
Among the best provisions in the bill is that the bill provides that a police
officer or other person should be present at the making of a film and may stop
the making of any scene which is
cruel or causes unnecessary suffering to an animal. These is a step forward
towards animal rights and welfare, having in mind the cruelty animals are at
times subjected to in films.
The
Bill on the other hand acts as the undertaker of the freedom of expression
preparing it for burial specifically on expression of artistic pursuits. For
instance stage plays is defined in the Bill to include any performing art,
intended for public theatrical performance and
include tragedy, comedy, farce, opera, burletta, interlude, melodrama,
pantomime, dialogue, prologue, epilogue, live musical performances, or
other dramatic entertainment. The Bill requires that before any such
performance takes place one has to get the approval of the Board and anyone who
fails to get the approval will have to pay a fine of two hundred thousand
shillings or serve
a term of two years imprisonment or both.
This
means that, that young or poor persons who have dared to no longer depend on
begging on the street or join a crime gang due to the high unemployment rate
and hard economic times and decided to be a street artists and performs on the
streets in order to meet their needs will be fined such a great amount or
suffer imprisonment. This is sending him back to poverty. He will go to jail because of exercising his
freedom of expression. Is it just? More so, why should we seek permission to
exercise the freedom of expression and it has been guaranteed under the
constitution? The constitution has
specifically laid down the limitation to exercise this fundamental freedom
which does not extend to propaganda for war, incitement to violence, hate
speech, ethnic incitement and should be exercised with respect to other people
reputation.
Stage
plays mirror the society. Stage plays act as an avenue where issues are broken
into simplest form that every member of society can understand and relate to.
They challenge the dominant views within the society and provoke alternative
ideas and opinions. Plays do not merely gratify the soul but they stir our
conscious to respond to the difficult questions of the day. Kenya is a country
of patriots like Eric Wainanina ‘Ngugi wa thiongo, Micere Mugo, Francis Imbuga,
Okoth Obongo among others who through their playwrits’ have contributed to the
freedoms we now enjoy. Stage plays has always been among the best ways to
exercise democracy and that is why the Bill needs a review with participation
of all stakeholders.
Kenya
fought for freedoms enshrined in the constitution and restriction should not be
used to undermine these rights. We should not go back to the dark days where
social injustice and political oppression was the order of the day. Kenya as a
free democratic society should always have avenues for those who have strong
feelings about particular issues can freely express themselves.
Freedom
of expression is the firmest pillar of any democracy. Freedom of expression did not begin with the
constitution or at a specific time and place, it is born from our common human
heritage, rooted to the fact that in every civilization human beings have
expressed their interest in order for them to cooperate and collaborate to
purse them. The rights to vote, share ideas, participate in political debates
and campaigns, share political ideology are all activities that lie at the
heart of a democratic society and can only exist where the freedom of
expression thrives.
Lastly,
all the sovereign power belongs to the people and their participation is
paramount. Public participation depends on the free flow of information and
ideas without which people will be buried in ignorance resulting in them making
uninformed decision and making them prevalent to manipulation by crook
politicians who will turn them into tribal society full of hate and violence and
such a society will perish due to lack of knowledge. Through information a
society becomes more tolerant and pluralistic where groups with various
backgrounds exist together.
In
Abraham Lincoln words democracy is ‘the government of the people, by the people,
for the people’ and the only way ‘it will not perish from the earth’ is to
ensure every person is free to express himself. The Bill also deals with issues such as the
creation, exhibition and distribution of films, classification of broadcast content,
games, online content, outdoor advertisements, print publications, registration
of cinemas and theatres. This Bill does not only affect artists, it affects
every citizen right to get information and that is why you have to take a stand
for the protection of the Freedom of Expression.
