'Huku Kumeharibika, Huku Hatuendi Na Wababas' Kenyans React to Intrusive Photo and Video Policies In Clubs.

'Huku Kumeharibika, Huku Hatuendi Na Wababas' Kenyans React to Intrusive Photo and Video Policies In Clubs.

Kenyan club-goers have found themselves at the center of a heated debate surrounding privacy and consent. The controversy has erupted following the publication of notices by several popular entertainment joints, stating that by entering these establishments, patrons implicitly agree to have their photos and videos taken, which may be subsequently published on the clubs' social media accounts, websites, and for promotional purposes. 

Disclaimer By Delview Annex: Photo Courtesy

The move to have the disclaimer was as as result of Casa Vera Lounge, a restaurant based along Ngong Road in Nairobi being fined Ksh.1.85 million for posting a reveler's image on their social media platform without the person's consent.

The fine, issued by the Office of the Data Protection Commissioner (ODPC) in a statement on Tuesday, is based on the grounds that the restaurant violated the data privacy rights and did not comply with the Data Protection Act.

ODPC said that the penalty will serve as a warning to other lounges and clubs to always seek consent from their customers prior to posting their images online.

Likewise, ODPC fined Roma School mixed day & boarding primary school in Uthiru a total amount of Ksh.4.55 million for posting a minor's images without parental consent.

Mulla Pride Ltd, a Digital Credit Provider (DCP) which operates KeCredit and Faircash mobile lending Apps, was also fined a penalty of Ksh.2.975.000. 

They were found to have used names and contact information of complainants which were obtained from third parties, and subsequently used to send threatening messages and phone calls. 

This move has sparked outrage among many Kenyans, leading to a contentious discussion on the boundaries of privacy and personal consent.

"Huku kumeharibika,huku hatuendi na wababas," said Sheila Muhanda. 
Another Facebook user by the name Favour Nyambura sais "Na sisi hivi ndivyo tunahama" 

These are some of the opinions shared on Delview Annex's page, an entertainment joint located off Kandara Road in Murang'a county.

The issue came to light when several club attendees were surprised to see their images plastered across the internet, without their prior knowledge or consent. These photos and videos, taken during their night out, had been shared on the respective club's social media platforms and websites as part of promotional material.

Outraged by what they perceived as a breach of privacy, some patrons sought legal action against the clubs, resulting in a series of fines imposed on these establishments. This punitive response sent shockwaves through the hospitality and entertainment industry, prompting other clubs to take preemptive action by displaying notices that explicitly declare the photo and video policy upon entry.

The move by these clubs has not been met with open arms. Kenyan citizens have expressed their discontent and frustration, arguing that the blanket policy infringes on their right to privacy. 

Opinions are divided on this matter. Supporters of the clubs' policies argue that by entering these public establishments, patrons should reasonably expect to be captured in the background of photographs and videos taken during events. They contend that it is an essential marketing tool for clubs to showcase their vibrant atmosphere and attract more customers.

On the other hand, opponents argue that while they understand the need for clubs to promote their venues, consent should always be obtained from individuals featured in promotional material. They stress the importance of preserving personal privacy and agency over one's image.

The fines imposed on some clubs for their use of patron images without consent have underscored the potential legal consequences of these actions. Legal experts have weighed in on the matter, highlighting the importance of informed consent and the potential legal recourse available to individuals whose privacy has been violated.

The Kenyan public's reaction to the recent controversy surrounding club photo and video policies underscores the significance of privacy in the digital age. It serves as a reminder that individuals should have the right to control the use of their images, even in public settings, and that informed consent is a fundamental principle in respecting personal boundaries.

As the debate continues, it is likely that clubs and entertainment venues will be compelled to strike a balance between their promotional needs and respecting the privacy of their patrons. Ultimately, finding a solution that respects both individual rights and the interests of businesses will be essential for the continued harmony of Kenya's vibrant nightlife scene.