Africa Censorship News

Of Good Report is a 2013 South Africa thriller by Jahmil XT Qubeka.
With Stevel Marc, Petronella Tshuma and Mothusi Magano.

Censorship marred the opening of the 34th Durban International Film Festival (Diff) when the Film and Publication Board banned the opening film, Of Good Report.

Instead of the opening sequence to Jahmil XT Qubeka's drama about a teacher who embarks on a sexual relationship with a pupil, the film-makers and invited guests read the following on the Suncoast Cinema screen:

This film has been refused classification by the Film and Publications Act 1996.

Unfortunately we may not legally screen the film Of Good Report, as to do so would constitute a criminal offence.

According to the censor board's classification committee they stopped watching the film at 28 minutes and 16 seconds because the film contained child pornography. At this point in the film 16-year-old Nolitha (played by 23-year-old Petronella Tshuma) is depicted in her Grade 9 school uniform. Since she had engaged in a sexual act with an adult in a preceding scene, this is depiction of child pornography, according to the board.

In an e-mailed letter to the Diff manager, Peter Machen, the board refused to classify the film and ordered the festival to either destroy or surrender copies of the film to the police.

The film makers will now appeal the ban.

Of Good Report producer Mike Auret, of Spier Films, said the film had been picked up for screening at the next Berlin, Rotterdam, Toronto and Dubai film festivals.

Update: Unbanned

28th July 2013. See  article from  foxnews.com

A South African censorship appeals tribunal has lifted a ban on a film that was barred as child pornography over a sex scene between a schoolteacher and a pupil depicted as 16, but played by a 23 year old actress.

The film is now passed as suitable for viewers aged 16 and above with warnings of sex, nudity, violence and strong language.

The local film Of Good Report was cleared after a challenge by the organisers of the Durban International Film Festival where it was meant to be the opening feature last week. The film will now be screened on Sunday, the final day of the festival.

The country's censorship authority said it was very disappointed and saddened by the move to set aside its decision by its appeals tribunal.

Tunisian rapper Alaa Yacoub has been sent two prison for two years for an anti-police song.

The rapper, who performs under the name Weld 15, has been accused of threatening police officers with a song he posted online called Boulicia Kleb (the police are dogs).

In the video, Yacoub sings that he would like to slaughter a police officer instead of sheep at Eid al-Adha .

Update: Suspended

3rd July 2013. See  article from  indexoncensorship.org

Tunisian rapper Weld El 15 (real name Alaa Yaacoubi) walked free from Tunis's Court of Appeal today after his jail sentence for insulting police was reduced from two years to a six month suspended sentence, Padraig Reidy writes

According to AFP, the rapper's lawyer Ghazi Mrabet hailed the court decision as a victory for liberty, for democracy, and for Weld el 15, who did nothing but create a work of art.

Update: Sentenced to jail again

5th September 2013. See  article from  indexoncensorship.org

Two Tunisian rappers Aladine Yacoubi (aka Weld EL 15) and Ahmed Ben Ahmed (aka Klay BBJ) have been sentenced in absentia to 21 months in jail. A court in Hammamet issued the verdict on 29 August without summoning the two rappers to appear for trial, their lawyer Ghazi Mrabet said yesterday.

We are surprised by this verdict...Our clients have not been summoned for trial as it is stipulated by law, Mrabet told the privately-owned radio station Mosaique FM. They were found guilty of insulting civil servants , undermining public decency and defamation.

On 22 August, police arrested the two rappers as they were on stage performing a rap concert at a music festival in Hammamet and physically assaulted them. They were detained, for targeting police' in their songs, the local chief police officer told the collective blog Nawaat.

Update: Reduced to 6 months

27th September 2013. See  article from  theguardian.com

A Tunisian court has sentenced a rapper to six months in prison for singing excerpts of an anti-police song at a concert, his lawyer said on Thursday.

Ahmed and fellow rapper Alaa Yacoub were convicted in absentia last month and sentenced to 21 months in prison. Ahmed sought a retrial resulting in the 6 month sentence, whilst Yacoub remains in hiding.

The Kenya Film Classification Board has warned producers of pornography. Director of information Owiti Olewe said the board will work with police to carry out spots checks and arrest those found breaking the law including those with pornographic materials.

Olewe said pornography is illegal in Kenya:

The rise in distribution, exhibition and production of pornography and other programmes which depict elements of violence, drugs and alcohol should act as warning signs to the public.

Olewe said the board has in the past restricted films such as Movie 43 and Paradise Love which display some pornographic elements:

More of these kinds of films are accessed by the public through unlicensed distributors and exhibitors and have gradually been accepted as normal.

The illegal seizure of wind-up radios reached new levels with reports that the police are now using primary school pupils to source information about the receivers.

Villagers in Lupane revealed that the police have been visiting schools and asking infant children aged between 4 and 6 years whether their parents own or listen to any radios.

This follows reports that suspected state security agents raided several homesteads at Mpofu village in the Gwampa area and confiscated the wind-up radios.

Speaking to SW Radio Africa one villager who asked not to be named for fear of reprisals, said the police have been going to schools, writing down names, and then visiting those suspected of owning the radios by night.

Our source said she suspects the police are aware of the popularity of shortwave radios in the area, hence they are now confiscating them:

The police have been announcing that villagers should not be in possession of these radios. Their reason is that we listen to news broadcasts from outside the country which criticise ZANU PF.

South Africa's broadcasting regulator has granted a local satellite television service permission to air the country's first pornography channels.

The Independent Communications Authority (ICASA) ruled that there is no law of general application prohibiting the production and distribution of adult content by TopTV.

The three channels, Playboy TV, Desire TV and Private Spice will be broadcast between 8pm and 5am.

According to the watchdog, objections were brought by several groups but were commendably dismissed as they were:

Based on moral grounds, rather than a research evidence to demonstrate some of the conclusive remarks linking pornography and gender-based violence.

Update: Not yet happening

8th July 2013. See review from  mybroadband.co.za

The launch of TopTV's porn channels is being delayed by the business rescue process the satellite pay-TV operator is currently undergoing, according to a report in the Sunday Times.

The paper quotes Peter van den Steen, On Digital Media's business rescue practitioner, as saying in an update to creditors last week that enacting the rescue plan was not straight-forward, making it was taking longer than anticipated.

The Committee to Project Journalists condemns a recent decision by the Nigerian government to ban the exhibition and distribution of a documentary film on corruption in the state's management of oil wealth, Fuelling Poverty.

The government-run National Film and Video Censors Board (NFVCB) called the contents of the 30-minute film by Ishaya Bako:

Highly provocative and likely to incite or encourage public disorder and undermine national security.

The board, whose members are all appointed by President Goodluck Jonathan, warned Bako that all relevant national security agencies are on the alert to ensure that he does not exhibit or distribute the film.

CPJ Africa Advocacy Coordinator Mohamed Keita said from New York:

Instead of banning the documentary 'Fuelling Poverty,' authorities should look into the important questions it raises about corruption and impunity in the country's oil sector and at the highest levels of government. We urge Nigeria's National Film and Video Censors Board to overturn this censorship order.

Wearing of miniskirts could soon land one in jail or attract heavy fines if Uganda's Parliament approves a new piece of legislation that defines anything sexy to be illegal pornagraphy.

In its current form, it is proposed that those found guilty of abetting pornography face a fine of Shs10 million under the draft law or a jail stint not exceeding 10 years, or both.

But the draft law ran into early turbulence in the Legal and Parliamentary Affairs Committee after some members expressed concerns about its wide reaching implications for freedoms guaranteed in the Constitution. MPs in the committee also criticised the government's attempts to legislate for sex, a course of action which could see it labelling some age-old cultural practices as pornographic.

The Bill defines pornography as any cultural practice, form of behaviour or form of communication or speech or information or literature or publication in whole or publication in part or news story or entertainment or stage play or broadcast or music or dance or art or graphic or picture or photography or video recording or leisure activity or show or exhibition. Lawmakers said the Bill's definition of pornography was too broad and that it went against Uganda's tradition of being tolerant of cultural diversity.

Members, however, flatly rejected the minister's proposal to establish an Anti-Pornography Committee, observing that the police would enforce the law.

It also prohibits any combination of the preceding that depicts unclothed or under clothed parts of the human body such as breasts, thighs, buttocks and genitalia, a person engaged in explicit sexual activities or conduct; erotic behaviour intended to cause sexual excitement and any indecent act or behaviour tending to corrupt morals.

'Ethics' Minister Reverend Simon Lokodo, an extremist noted for a string of repressive law proposals, presented the proposed law backed by Deputy Attorney General Fred Ruhindi. He claimed the Bill was needed to protect women and children against exploitation and curb increasing immorality. Lokodo spewed:

The need to put in place a law that prohibits pornography is necessitated by the dangers it poses to moral fabric of the society

While the Bill seeks to outlaw indecent dressing among other social behaviours deemed pornographic under the legal parameters of the Bill, other lawmakers said the lack of definition for what constitutes "decent dressing" makes the Bill awkward and asked the government to stop curtailing freedoms in the country which could scare away tourists.

Update: Acquitted

12th April 2013. See  article from  monitor.co.ug

The Uganda Law Reform Commission (ULRC) has asked Parliament to throw out the newly-tabled Anti- Pornography Bill 2011, arguing that the government can fight pornography without enacting a new law. Patrick Nyakana, a ULRC commissioner told Parliament:

We conclude that the provisions of the Anti-Pornography Bill 2011 are already catered for in the Penal Code Act, the Computer Misuse Act, Prevention of Trafficking in Persons Act 2009 and other laws and thus, there is no need for this law.

Togolese police fired rubber bullets and tear gas to disperse journalists protesting new censorship authority granted to the government media regulator, according to news reports and local journalists.

CPJ Africa Advocacy Coordinator Mohamed Keita said:.

We condemn the reckless and heavy-handed actions of Togolese police against journalists peacefully marching in defense of press freedom. Adopting broad new censorship powers and then violently dispersing those who protest them are not the actions one expects in a free society.

Under the new amendments, HAAC can now revoke the operating licenses of Togolese media outlets without judicial process, news reports said. HAAC is composed of nine members, four of whom are directly nominated by Togo's president and the other five of whom are nominated by the Togolese parliament which is controlled by the president's supporters, local journalists told CPJ.

The new amendments sparked outrage from journalists and human rights groups who began protesting on March 12 to condemn the law as illegal and in contravention of Togo's constitution. The constitution states that only a court of law can ban a media organization after a petition has been brought before it by the HAAC.

Update: But unlike Britain, Togo has a constitutional court that throws out repressive laws

23rd March 2013. See  article from  newstimeafrica.com

The Committee to Protect Journalists has welcomed a ruling by Togo's Constitutional Court to reject repressive amendments to a media law that granted the state-run media regulator sweeping powers of censorship.

A panel of judges declared that six articles of Togo's 2009 press law, which were amended on February 19 by the ruling party-controlled National Assembly, were inconsistent with the constitution, according to news reports. The decision effectively nullifies the new measures.

The amendments had granted the High Authority for Broadcasting and Communication (HAAC), Togo's state-run media regulatory body, the power to, among other actions, summarily shut down news outlets and seize their equipment without a court order.

The police in Kano, Nigeria, have arrested three staff members of Wazobia FM 95.1 Kano and a former director general, Kano State censorship board, Rabo Abdulkareem over a radio programme which may have instigated the killing of 9 polio vaccinators.

Radio Wazobia, on its popular Hausa magazine programme Sandar girma , allegedly aired an item about the polio vaccine which the presenters claimed was laced with chemicals that were likely to cause infertility and hence reduce population.

In the wake of the event, unknown gunmen stormed polio vaccine centres at Tarauni Local Government in the state killing nine female polio vaccinators and injuring many.

A member of staff of Wazobia FM, told LEADERSHIP about the arrests by the team of policemen. LEADERSHIP gathered that Rabo Abdulkareem may be indicted over his alleged view that:

 I will always be defiant to Polio vaccination because nobody will convince me that it wasn't an act that goes against the will of Allah and it wasn't a deliberate western conspiracy against our children.

Update: Shouting fire in a crowded cinema and then getting press freedom groups to support the statement on grounds of freedom of expression

5th March 2013. See  article from  cpj.org

The radio station that broadcast the programme implicated in incitement to murder polio vaccinators has unsurprising been taken off air. Nigeria's media regulatory body shut down the radio station in connection with the broadcast that questioned the local government's motives in implementing an anti-polio vaccination program. The authorities accused the station of violating a part of the Nigerian Broadcasting Code that prohibits the use of language likely to encourage or incite crime, or lead to disorder.

However anti-censorship campaigners have taken issue with this decision and contend that this is censorship.

Nigerian press freedom group Media Rights Agenda cited that the commission did not include specific examples of the show inciting crime or disorder. The groups seems to have convinced the Committee to Protect Journalists that the criticism of the polio vaccination programme was political comment and so should not be censored.

CPJ Africa Advocacy Coordinator Mohamed Keita said:

Nigerian authorities closed Wazobia FM because they did not like its critical coverage... and then they cloaked their decision in highly charged but unsupported allegations of incitement, We call on the National Broadcasting Commission to reverse this censorship order immediately.

Ofcom has imposed a £ 25,000 fine on Al Mustakillah Television for the broadcast of two programmes, the first on 9 October 2011 and the second on 25 October 2011.

Al Mustakillah Television was a news, current affairs and general entertainment service broadcast in Arabic. The Licence for the service was surrendered to Ofcom on 20 November 2012.

Ofcom found that two programmes broadcast by the Al Mustakillah breached several rules of the Code. The Finding followed complaints from three viewers who considered the programmes broadcast on 9 and 25 October 2011 were used to promote the Popular Petition for Freedom, Justice and Development ( the Popular Petition ) in Tunisia.

Ofcom understands the Popular Petition was a manifesto written by Dr Mohamed Elhachmi Hamdi ( Dr Hamdi ), who featured in both of these programmes, adopted by the political party known as the Party of Progressive Conservatives in Tunisia. Dr Hamdi is also sole director and majority shareholder of Al Mustakillah.

Ofcom noted that during these programmes Dr Hamdi himself regularly spoke directly to the camera while setting out in detail the manifesto of the Popular Petition and promoted various policies and promises of the Popular Petition. These included the provision of: free healthcare for all Tunisians; unemployment benefits; and free travel for those of the age of 65.

This was in breach of Rule 5.4 (Programmes must exclude all expressions of the views and opinions of the person providing the service on matters of political controversy and matters relating to current public policy).

In its Finding, Ofcom considered the content and views expressed during the 9 October 2011 programme, prior to the Tunisian Election held on 23 October 2011, were almost entirely positive statements about the Popular Petition and the parties adopting it as a manifesto. Any references to other parties during the programme were, in Ofcom's view pejorative. This was in breach of Rules 6.1 (the rules in Section Five, in particular the rules relating to matters of major political controversy and major matters relating to current public policy, apply to the coverage of elections), 5.11 (due impartiality must be preserved on matters of major political controversy and matters relating to current public policy) and 5.12 (in dealing with matters of major political controversy and matters relating to current public policy, an appropriately wide range of significant views must be included and given due weight in each programme or in clearly linked and timely programmes).

Ofcom considered that the programme broadcast on 25 October 2011, i.e. after the Tunisian General Election, dealt with a matter of political controversy and matters relating to current public policy. The broadcaster did not provide any evidence of the viewpoints of, for example, other Tunisian political parties or their supporters, on the aftermath of the Tunisian General Election, the future policy direction of Tunisia and the policy platform of the Popular Petition, being included on the channel in a series of programmes taken as a whole. Ofcom therefore considered the 25 October programme to be in breach of Rule 5.5 of the Code.

Charges against British theatre producer David Cecil were dropped by a Ugandan court on 2nd January. Cecil, who faced trial for producing a play with a gay theme without permission from the country's Media Council, told Index the magistrate had declared the case dismissed as the prosecution had failed to disclose any evidence.

Cecil was arrested in September last year, when his theatre company refused to halt its production of The River and the Mountain pending a content review by the Ugandan Media Council.

Index on Censorship and David Lan, the artistic director of the Young Vic, launched a petition calling for the charges against Cecil to be dropped which was signed by more than 2,500 people, including director Mike Leigh, Stephen Fry, Sandi Toksvig andactor Simon Callow.

Cecil told Index:

Evidently, there is a minority in the government and cultural industry who are willing to sacrifice the constitutional right to freedom of expression to their personal prejudices. However, the unsuccessful prosecution of this case is encouraging, and I pray that those working in the cultural industry are not put off by this oppressive and self-interested minority.

Mike Harris, Head of Advocacy at Index on Censorship said:

We're very pleased for David that the magistrate has dismissed this case --- but concerns remain over the state of free speech in Uganda. Since this prosecution, the Media Council has intervened to censor yet another political play. The government and its agencies need to do more to defend free speech.

Update: Deportation

9th February 2013. See  article from  guardian.co.uk

David Cecil, the British theatre producer arrested in Uganda in 2012 for staging a play with a homosexual protagonist, is being held in police custody after being threatened with deportation.

Immigration officers took Cecil from his home in the outskirts of the capital, Kampala, on Thursday to Jinja Road police station, where he is being held. Fridah Mutesi, a human rights lawyer in Uganda, said the government did not disclose the grounds on which Cecil was being deported, but that it had the power to deport individuals deemed undesirable .

In January Cecil was charged with disobeying lawful orders by the Uganda media council, which said he had staged The River and The Mountain despite being told not to. The case was dismissed owing to a lack of evidence. It is believed that the deportation order is a result of his staging the play, which Cecil has described as a comedy drama about a gay businessman killed by his employees . The producer's lawyer, Godwin Buwa, said the government was unhappy about Cecil's court case last month being dismissed.