ISSN: 2354-3752, Vol. 1, No. 4, May 2015. A Publication of the Centre for Research, Communication and Development • Journal ofContemporaf} Commumcat1011 e tal ns nd :an SHORT FILM AND VIDEO PRODUCERS AND FILM POLICY ion - DEVELOPMENTS IN ANGLOPHONE SUB-SAHARAN AFRICA ing ti­ Dr Patrick Edem Okon ew Department of Mass Communication Covenant University Canaanland, Ogun State :ion ism In Abstract: ·ngs This paper examines the interventionist role of independent short film producers and alternative film foundations in film policy developments ofAnglophone Sub-Saharan Africa. The work is broadly located ?lzts within the framework ofthe debates about 'shapers' offilm policy developments and covers only the last two gets decades (1990-201 0). Empirical data are drawn from three countries: South Africa, Ghana, and Nigeria. The data are based on a study I conducted between 2011 and 2014. The study deploys mixed method approach (oral interviews, participant observation, documentary studies, and questionnaire) in a qualitative way, to ~ical enable data triangulation and comparative analysis. Jurgen Habermas and David SJzolle's configurations of )SU, the public spheres concept are used to aid interpretation and analysis. The overall ambition is to critically rian articulate and interpret the socio-political dynamics offilm policymaking, reconceptualise film policy along nual an 'ethical-political'framework to align with the vision ofalternative cultural producers, as well as ascertain the degree and platform ofparticipation ofshort filmmakers in the film policymaking processes. The paper for argues in favour ofgreater academic and public recognition ofthe crucial role of/ow-budget film producers ~E), as policy activists. sust, Key Words: Access, participation, reform, film policy, independent short filmmakers, and alternative film foundations. and port, New Introduction: the very processes of filmmaking, distributions, )shis Filmmaking of any kind, whether and consumptions across nation-states. But amateurish or professional, commercial or non­ more significant to that discourse is a critical commercial, remains an incredibly popular consideration of how the structuring of the urus. pastime and an expression of a wide range of processes and the socio-political platforms of creativity and artistry. Also, any study of film film policymaking across Africa encourages and filmmaking, regardles.s of the specific broader intellectual interventions and co­ research focus, should privilege among other regulation, especially by those at the margins of things policy considerations. The importance of society. policy discourse to filmmaking cannot, Over the years, the participation and the therefore, be over emphasised; that is because, interventions of alternative cultural producers outside the personal and controlling_ artistry of in national film policy development in Africa the film director and the occasional and elsewhere has remained an un-regarded requirements for division ·of labour, it is aspect in media policy debates. Mapping and proactive film policy, in its diversified forms, documenting their importance as policy that provides the inevitable mechanism for the activists, at least from theoretical and empirical ... effective organisation of cinema industries and perspectives, is the core concern of this chapter.

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The work also attempts to respond to film policy developments of Anglophone Sub­ controversies within scholarship with regards to SaharanAfrica. the marginal or non-marginal role of civil The choice of this concept is essentially society groups in policy considerations informed by the following factors: It can (Chakravartty and Sarikakis, 2006). The issues provide a broad theoretical framework for raised in this paper are not 'final', they are thinking through and conceptualizing the moderate contributions meant to trigger further necessary links between alternative filmmaking discussions among academics and practitioners. and normative processes. The concept The issues at stake may, therefore, be tied recognizes democratic frameworks as the around the following questions: how can we necessary mechanisms for effective media reconceptualise film policy in a way that is normativity and the promotion of alternative sophisticated and acceptable to alternative film mode of communication that favours the producers? What is the contributive role ofshort participation of citizens in the construction of film producers in film policymaking? Is there social meanings within nation-states. It locates democratic deficit in the framework for film alternative filmmaking within the framework of policymaking in Angophone Sub-Saharan media activism and the global movements to Africa? transform communications, so that communications and representations can be less Framing the Key Theories: constrained by bureaucracy or commercial t In sync with the concerns of the field of interest and remain increasingly open to ( Media and Society in relation to how expressive positive social values. A reinterpretation of the popular cultures enable the evolution and public spheres concept, in line with the policy ( organization of human society, cultures, and vision of alternative media, will be effective for s democratic politics or promote inequality and understanding the need to integrate the critical­ 1: the stunting of cultural development of rational with the affective concerns of s economically and technologically citizenship, as well as practical productions of s disadvantaged communities is the concern of alternative meanings with practical strong n democratic-participatory communication policy interventions by low-budget cultural e. theory. Though-varied, this theory generally producers. f. advocates multiplicity of media forms, small­ The Habermasian bourgeoisie public Sl scale media practices, the deinstitutionalization spheres, those imaginary arenas where ordinary h and deprofessionalisation of media systems, citizens assemble to engage freely in critical­ If interactive media organization, and the rational debates about official policy positions dt participation of audiences in information as well as form and express opinions through pl productions and circulations (Enzensberger, print media (newspaper and periodicals), sr 1970; Okon, 2014). Democratic-participatory problematizes the democratic deficit that was tr. communication theory, in a nutshell, poses a the hallmark of most democratic capitalist m 'democratization' challenge to the ideology, societies of Western Europe in the sixteenth cc production, and regulatory requirements of through nineteenth centuries. This democratic media systems and industries. deficit was constituted primarily through the 1 dr Useful for articulating the core concerns deployment of top-bottom administrative co of this theory is Jiirgen Habermas' bourgeoisie strategy, one-way communication, and coercive es public spheres concept; particularly its concern political power by the ruling aristocrats in the pn with issues bordering on 'access', 'participation', organisation of State affairs and in decision­ pr. and the 'political economy' of media industries. making. The remote nature of noble political alt This work draws on these theoretical benefits of life and engagements and the increasing po the public spheres model of democratic­ placement of emphasis on · coercion as Sh participatory communication theory to give conditions for the legitimisation of political bet direction to the discourse on the role of organisation, social life, and power of social pre independent short filmmakers in contemporary control, in the view ofHabermas, were some of Kb (i.e • Short film and video producers and film policy developments in ... • 198

the factors that eventually brought about human being can become more of a subject and disillusionment and apathy among ordinary can build more autonomous and more citizens of Western European nation-states, comprehensive relationships to reality" - 1 informing the .evolution of the coffee houses, Sholle, 1995: 23) . and on the utopianism r salons, and table societies as alternative spheres advanced by Enzensberger and Brecht, who ofdeliberation and education. both critiqued the one-way functioning of J :> However, it was the contradictions in dominant media and see the potential of media t the very mode of operation of these bourgeoisie technology, not in terms of mechanisms for the public spheres, brought about by the existence distribution of commerce, but as tools for public of constellation of divergent interests that was communication and education. e not properly harmonized to strengthen broader Sholle's core arguments are, firstly, that e access and participation, as well as the gradual "alternative forms ofmedia can serve as models f placement of emphasize on the power of capital for more expanded strategies for developing s over and against continuing civic empowerment democratic modes of communication, but they f by the middle class business elites who cannot in themselves bring about the media 0 controlled the means of information distribution utopia they sometimes espouse" (1995: 34). t within the public spheres, which eventually led Secondly, alternative media groups will be able s to their final disintegrations and to transform public spheres activities if only tl transformations in the early part of the twentieth they can think through a number of issues: the 0 century. strategies they adopt in the production of e As noted by Marris and Thornham meanings, the kind of people that engage with y (2000), the Habermasian concept of the public them in the design of contents and distribution If spheres was not merely an abstraction that networks, and their conception ofaudiences and l­ lacked foundation in reality; but derived its C!Ccess (audience as universalized, enclave or ,f specific meaning from a concrete historical diverse; access as access to technology, >f situation of minimalism, coercion, audiences, and/or political impact?). Thirdly, g monopolisation, exploitation, and political the attainment of the transformative objectives ll exclusion. While the positive logic of the of the alternatives further requires that Habermasian public spheres "seeks to move alternative media practices move beyond the ic social realities beyond the flawed realities of mere realm of the Habermasiancritical-rational -y history to recover something of continuing argument that are structured primarily on set of 1- importance to progressive and participatory logical rules as well as the realm of practical lS democracy (Calhoun, 1992: 4), some of the economic production implied in Negt and :h pitfalls inherent in his conception of the public Kluge's arguments, to the recognition of the ), sphereshas over the years brought about a value of affective experiences of citizenship to lS tradition of revisionist approaches that aim to political engagements and the need to engage st make the concept more relevant to the needs of regularly in activism to affect official policy th contemporary scholarship. positions. lC David Sholle's ( 1995) revisionism The value of Sholle's reinterpretation of 1e draws on Negt and Klug_e's (1983) arguments the Habermasianbowgeoisie public spheres to ;e concerning proletarian self-consciousness to this work rests on the following: the links he te establish a value relationship between makes between public spheres and alternative 1e proletarian public spheres,alternative media media; his emphasis that the use of the concept n­ practices,and the need for the constitution of in contemporary times should recognize, not al alternative movements to ensure strong media only the value ofcandid and rational arguments, 1g policy interventions in favour of citizenship. but more importantly the significance of as Sholle recognizes that the distinctive link affective historical experiences of citizenship; :al between the activities of the alternatives and his strong advocacy that alternative media ial proletarian publics rests on what Negt and groups reorganize themselves and define their of Kluge refer to as emancipatory communication practices, not only in terms of concrete contents (i.e. "the objective con~itions under which the productions, but also in terms of strong 199 e Journal ofContemporary Communrcation • interventions in proactive policymaking; and Nonetheless, the concept is today more his recognition of the limitations inherent in closely aligned with the more modest small media interventionist capability, caused independent film projects undertaken by less by the small-scale nature of the practice. In well known filmmakers, working either singly particular, his observations with regards to or collectively. Short filmmaking, therefore, strong policy intervention and the integration of can be approached either as a genre or an affective experiences of citizenship into media aesthetical style; as financing model or a policy-making, fundamentally, align with the filmmaking philosophy. The category is · primary objectives ofthis paper. generally characterized by the following: greater freedom of personal control over the Who Are the Independent Short Film production process; reasonable level of freedom Producers? from professional compromise; low-budgeting; The field of independent film and video diversification in financial sources; oriented to production is extensively heterogeneous, counter commercial filmmaking in its areas of covering a wide range of experimentalists and dominance - narrative and classic realism; even professionals. This reality has been made not for theatrical markets or big screens recognized by a number of film scholars but for niche markets and small screens; and (Bordwell and Thompson, 2008; Erickson, functions to enable independent filmmakers 2011 ). Even the defmition of'independent small double up on jobs (Bordwell and Thompson, filmmaking' has been contested both in 2008). literature and public discourse by filmmakers Technically then and within the context themselves. The phrase has acquired a myriad of this chapter, independent short filmmakers of definitions depending on who uses it and for are those who engage in small-scale artisanal what purpose. The diversity in the and collective film production that address understanding of independent film practice is social and cultural issues, as well as in the itself evident even in the different phrases used political activities of activist film foundations, within scholarship to describe it, such as 'reality film societies, or coalitions concerned with the cinema' (Eaton, 1979), 'documentary promotion and defence of the political interests filmmaking' . .(Rosenthal, 1980), 'visionary of the independent small-scale sector. filmmaking' (Sitney, 1979), 'critical cinema' Generally, those within this category of (MacDonald, 1988), 'radical film practice' filmmaking are drawn along two tendencies: the (Downing, 1984), 'marginal film practice' 'parallel' and 'reactive' tendencies (Smith, (Botha, 2010), 'alternative cinema' (Guneratree 1998). As parallel otherness, individual avant­ and Dissanayake, 2003), 'independent garde filmmakers who have had little interest in 1 filmmaking' (Erickson, 20 11 ), 'avant -garde the commercial cinema intentionally forge a (. filmmaking' (Smith, 1998), 'underground film parallel aesthetics with the commercial film t production' (Rabinovitz, 2003), etc. industry while at the same time staying bound J: The varieties within the alternative up to the rhetoric ofthe alternative industry. And r sector can, however, attain some level of as reactive otherness, the avant-garde producers d

congruence within the conceptual framework of continually challenge and undermine both the ~ 'national cinema', a common label for non­ norms .of orthodox aesthetic practice and the fi Hollywood cinemas and art films, which established values and politics of mainstream v. boundary is today also very complex (Croft, filmmaking (rationalisation, specialization, p 1998). For Murray Smith (1998), the only thing commodification, and reduction of film value to 0 that unites the variations is the status of the mere entertainment). P• independent filmmaking as 'other' to orthodox tl: narrative filmmaking. Indeed, the boundaries The Ethical-Political Approach to Film n: surrounding what may be counted today as an Policy p< independent short filmmaking is becoming Film policy is part and parcel of the increasingly blurred, particularly as camera broader media policy study. Film policy formats and digital technologies overlap. addresses a wide range of issues that include the • Short film and video producers and film policy developments in ... • 200

structural, ethical, censorship, regulatory and intermediation between state and society. This economic principles employed to organise socio-political dynamics could also be validly ~e cinema systems and industries across national applied to policymaking in relation to all other st and transnational contexts. While different media sectors. 3S ideological, technological, economic, and While film policy has been defined ly cultural contexts often condition and shape its differently and the mechanisms of participation e, configuration and implementation across broadened in recent years to recognise the m nation-states, the attainment of a unified interrelationships among themes and actors, for a definition of film policy is still problematic. The the purpose of this work, I propose an 'ethical­ lS variations in the conception of film policy are political' conceptual approach. In making this g: determined, principally, by contexts and proposal, I am conscious of two contradictory 1e purposes ofstudy. positions: on the one hand, Hallin-Mancini's m Yet, contemporary conception of film (2004) call for the framing of new and more g; policy confers it with a multidisciplinary sophisticated conceptual -frameworks for the to character, heterogeneity of policy themes, as analysis of media policy other than\that offered )f well as the fact that film policy, however within the traditional normative theory; on the n; conceived, does usually make some reference to other hand, critical scholarship's objection 1S the notion of public interest. Though against what it considers the invention of new ld governments have generally been seen as the repertoires of concepts or taxonomies and rs principal player in film policymaking, film approval of an integrative approach to the n, policy actors and institutions have become existing stock of knowledge about policy study increasingly diverse. Various parties, (Papathanassopoulos and Negrine, 20 l 0). It is xt institutions, corporate bodies, interest groups, precisely the recognition of the need for a more rs and practice categories now lo~by to influence sophisticated conceptual f~amework and al the final film policy outcomes across nation­ integrative dimension to further strengthen ss states. In other words, the socio-political existing co-regulatory frameworks or restore 1e dynamics of film policyrnaking and policy the often missing empathetic and moral LS, implementations is rapidly changing. Driven by contents to film policyrnaking that inform and 1e globalisation, internet, and international co­ justify the proposal of this new conceptual :ts production treaties, the process is becoming approach. IL even more and more complex, offering The ethical-political approach draws of challenges to policyrnaking processes that have extensively from the benefits of the 'group­ ne traditionally handled separate industrial oriented' approach that is interest- and venue­ h, economies. based and only secondarily from the 'state­ lt­ Stylianos Papathanassopoulos and centric' and 'state-society' approaches. It m Ralph Negrine (20 10) highlight three existing recognises the importance of 'affective' and a approaches that could be drawn upon to 'critical-rational' contents to film policyrnaking, m understand the socio-political dynamics of film as well as the need for film policy unification to 1d policymaking: State-centric approach (left or be achieved through the integration of :td right) whereby the state makes final policy 'alternative' and 'mainstream' policy concerns. :rs decisions based on its scope and resources and While alternative policy visions are centrally he without subjecting the outcomes to pressures tied around the questions of 'politicised he from civil societies; Group-oriented approach interests', democratisation of cinema systems, .m which outcomes are based on the broadest and 'emancipatory representation', the •n, possible collective actions and reconciliations mainstream policy concerns are often to of a wide range of vested interests within the conditioned by professionalised conventions polity; and State-society approach which entails and the deployment of the administrative the mobilisation and co-opting of a limited technicality of governments' policy experts. .m range of compatible interests into the The ethical-political approach if adopted, it is policymaking process to create a form of argued, will also ensure the integration of moral he cy he 201 e Journal ofContemporaf) CommunicatiOn • and empathetic contents with logical respondents from across the three countries: considerations into film policymaking those embarked upon by independent processes. filmmakers for some community development The epistemological framework for the agencies for promotional and advocacy configuration of the ethical-political is drawn purposes; those undertaken by amateur from David Hutchison's "sceptical liberalism" producers to record social functions such as ( 1999: 4); that is, a right-based theoretical weddings, birthdays, and funerals for the framework that questions the absolute agency ·purpose of minimal profits from their clients; of government to determine political and legal and those productions undertaken by truths (Okon, 2014). The ethical-political, educational institutions where students are therefore, makes an appeal for the continuing assigned or voluntarily undertake to produce recognition of the importance of 'policy short films -and videos as part of their training community' and 'policy networks' (Humphreys, requirements. While the first two categories are 1994) as valuable social mechanisms for generally ofan informal economic structure, the enabling accountability and new entrants into third is of a formal or semi-formal structure. the policymaking arenas of governments. This Respondents from Ghana admit that the approach presents a distinctive epistemological independent short film sector is still growing in framework for understanding the kind of co­ the country. But generally short video regulatory vision independent filmmakers productions undertaken purely as community would bring to bear on national and initiatives are now a rarity in Ghana. Only transnational regulatory and deregulatory private individuals and institutions occasionally processes in relation to film systems, industries, undertake documentary and fictional short and institutions. In this regard and drawing filmmaking to sensitise and promote health, insight from Albert Moran ( 1996), I defme film environmental, human rights and justice policy, not only in terms of normative awareness concerns. For example, The Witches principles, but as strategies ( ethicat, political, of Gambaga, a documentary film produced by economic, lega~ and social) through which film YabaBaidoe in 2010 chronicles the systems, production processes, and industries dehumanizing story of "the witches' camp" in are regulated and funded against the backdrop Gambaga, a town in the Northern region of of the mundane and rational politics of Ghana. This film is the outcome of a bureaucratic and public life. collaborative initiative between a number of female activists and the "community of The State of Short Filmmaking in the Sub­ witches" determined to end abusive practices Sahara: and improve women's lives in Ghana. There is The empirical data on the diversity of also a film on HIVI AIDS that was produced in independent short filmmaking across South 1993 for the National Film and Television Africa, Ghana, and Nigeria indicate that small­ Institute (NAFTI) by the Kumayo Boys. This scale independent filmmakers have continued film was aired for weeks by the national to emerge in ·Africa over the years, ready to broadcaster. make films that contribute in significant ways to However, what is conceived today as the growth of the fabric of African filmmaking independent short filmmaking is substantially and desirous to have their "voices" heard in the driven by commercialism and the cartel-like public spheres of the African nation-states. business approach of 'Gallywood'. Gallywood Anglophone Sub-Saharan Africa is now a home is a private commercial company under ACUFE to thrivi'ng communities of small-scale media organization that functions to showcase independent film and video producers. The Ghanaian artistic talents as well as offer land African region is also hugely prolific even in the spaces for private producers to develop their number of metaphors used to signify this trade.The cartel-like phenomenon began in experimental industrial category of Ghana in the 80s with the advent of small video filmmaking. Three categories of short cameras and the deregulation of the media filmma}cing have been identified by environment in the early-l990s. Before then

• • Short film and •·ideo producers and film policy developments in ... • 202

nt film productions were done largely through the gay lesbian rights, and Meisie (Darrell Roodt, mt use of celluloid technologies and techmques. 2007), an Afrikaans multi-award winning film cy And only government acting through the Ghana that addresses the poverty and concerns of :ur Film Industry Corporation (GFIC) the big-time homeless people.at the margin of South African as professionals, and commercial institutions society. Generally, though the themes, genres, :he could afford to use them. But smce after the and aesthetics of short videos and films vary tts; natiOnal film industry was practically sold out m greatly in contemporary South Africa, the kind by 1996 to Channel 3, a Malaysian private of films that are being done m the most recent television station, as part of government years tend to focus more on global Issues. :tre divestiture exercise, private citizens have Schwinges observes that "a lot of times these tee increasmgly gained access to small video films arc no longer dealing with the specifics of .ng technologies to make short non-fictional and the South African politics. They might be are feature-length films that help to advance dealing with the cultures of South Africa; but the educational, cultural, and linguistic values. not the pohttcs to a large degree". VincenttaAkwetey, the Dean of Studies Viewing the- development of the at NAFTI, is of the view, firstly, that the entire documentaries in contemporary South Africa at pn production and circulatiOn processes for short the Third Film Indaba (Nov., 2009), Clarence leo films in Ghana sttl1 reqmres a lot of streamlinmg Hamilton, the Head of Production and tity through a comprehensive and enforceable Development of the National Film and Video nly national film policy, which formal approval is Foundation (NFVF), notes that, excluding tlly still pending before the Ghanaian Parliament. television docudramas, between 1994 and 2008, tOrt Secondly, it ts only corporate bodies, 615 documentaries were produced at average of lth, development agencies, television stations, 41 productions per annum. ~'-White" filmmakers :tee interested private producers, and educational produced 68% and "Blacks" 32% of hes institutions that now provide the needed funds documentaries. Male directors constituted 16% by to support documentary film and video compared to 38% female directors. Hamilton the productions in the country. Thirdly, the rate of further notes, firstly, that "the gap between 'in locally-made independent short films stands as gender and race of distribution of directors has . of follows: Between 1970s and 2003 about 22 been narrowing since 2004 as compared to the f a small films were made in a year. The statistics previous years". Secondly, about 494 ·of slummed after 2003. By 2009 there were about documentary films were distributed through of 69 short films produced locally. And in the first unknown channels; while about 121 were tees quarter of 20 10 about 160 short films were distributed through cinema and commercial ·e ts produced. The statistics for 20 11 and 20 12 were television channels in South Africa. din not available from the Mimstry of Information Nonetheless, between 2009 and 2015 these it on at the time of my oral conversation with statistics would have changed considerably. fhis Akwetey. Evidently, South African short )nal The kind of robustness and diversity in filmmaking, which early histones go as far back short filmmaking recorded in Ghana is even as the great documentary film tradition of the as r more pronounced in South Africa. Marc 1896, the few liberal texts that accompanied the .ally Schwinges, the Vice Chair of the South African Anglo-Boer War, the moral and. political ·like Screen Federation (SASFED), in an oral interrogative cultural productions of the 1950s ·ood conversation, indicates that about 1000 undertaken by such pioneering directors like JFE independent short films were produced in South JansRauteubach and Van Rensburg, and the case Africa between 1990 and 20 10 .. Among them most recent progressive audio-visual activism land were Nikiwe (Ingrid Gavshon, 2004) and of the 1980s, has presently gained a wider their Considerably Killing Me (WillamGrobler, international recognition. In other words, things 1 m 2005). Both films focused on the impacts of are now better in the independent filmmaking ideo HIV I AIDs in South Afnca. Others were Proteus sector in South Africa, precisely because of the tedta (John Greyson, 2003), a film that gives lower budget quality of production; the near then substantial consideration to the issue of reasonable balancing in the gender and race 203 e Journal of Contemporary Communication • distribution of production; the increasing within the context of royalty, slave-trade, and awareness of the value of short films in family oppression. addressing global issues and portraying socio­ Outside the feature short film category, cultural and economic realities of South Africa, there are also the "crusading community as well as in preserving popular memory and videos" that highlight the underdevelopment histories outside those provided in official problems of the oil-rich Niger Delta and the South African records. Some of the factors that stark disparity in wealth distribution among the have contributed towards the recent people of the geopolitical region. Also in astronomical growth in independent short existence are the documentary films which filmmaking in the country include the productions are often promoted and sponsored following: the diversity of film festivals and by the Nigerian government through the short film competitions that encourage and activities of' the Nigerian Film Corporation showcase young talents, such as the Weekly (NFC). These documentaries, in varying ways, Mail Film Festival organized in the 1980s; the highlight the historical and socio-cultural M-Net's New Directions of the 1990s; the experiences of Nigerians. For example, there NFVF's annual award short film competition; are the "historical documentary videos" that tell the African Dreaming, a pan-African short film the stories ofthe struggles for independence and initiative; and other provincial production and the negative impacts of the Nigerian civil war of distribution initiatives (Botha, 20 12). 1964-1972. There are also the short films and The kind of progress in short film and documentary videos produced by NGOs, video-making recognized in relation South cultural organisations, and educational Africa, regardless of the enduring challenges, institutions for onward transmissions through does not exist in Nigeria. The Nigerian local any friendly mainstream television stations and film industry is, however, witnessing that have the capability of targeting wider astronomical growth in independent feature­ audiences in Nigeria and beyond. length production under the general name of The comments of Obi ora Chukwumba, 'Nollywood'. This sector is developed and the Special Assistant to the Director General of funded principally by the independent the Nigerian Film and Video Censors Board marketers which head offices are spread across (NFVCB) dwell extensively on what the a number of national regions. Because of the NFVCB is currently doing to encourage short dominance of the national cinema industry by film and community video productions in the private marketers, respondents admit that, Nigeria. NFVCB is providing effective among ordinary Nigerians, there is now an platforms for "mentoring and for some form of existing confusion between independent short reward" to broaden the spaces for short film movies that draw on feature and non-feature productions. One of such platforms is the genres to address social empowerment, health, "Homevida" (also known as the Nigeria's Home justice, and human rights issues and what is Video Integrity Film Award) that NFVCB is popularly known today as 'Nollywood' feature­ currently organising with the Public and Private length films. Development Centre (PPDC), a private NGO­ Onwurahlfyeanyi, the Chairman of the managed company. While the principal movers Actors Guild of Nigeria (Abuja Chapter), in a of this award platform are the PPDC and the face-to-face interaction, attributes the existing NFVCB, other government agencies, such as ambiguity to the fact that both cinema the Bureau for Public Procurement (BPP), the categories are now equally drawn into social Code of Conduct Bureau (CCB), the United activism. He admits, however, that there. is still a Nations Office on Drugs and Crimes vigorous culture of community short videos and (UNODAC), and the Economic and Financial films in the country. He singled out In.ale (Jeta Crimes Commission (EFCC) have now entered Amata, 201 0) as a good feature short film made into the promotion of the scheme. Other recently in Nigeria. This film is a folklore and governmental institutions that have shown musical epic produced by Keke Bongos ..It deals interests in the award platform include the with the problem of human love and dignity Federal Ministry of Health and the Federal Ministry ofCulture. • ~hortfilm and video pro_ducers and film policy developments in. • 204

The "award scheme" process is not articulated by respondents, include copyright and ·simply about commercial benefits. It is law reforms, funding support, strengthening co­ pnncipally about the need for a growing regulatory partnerships, exhibition and ;ory, development of professional interest among distribution of films, the entry of young talents nity young people, an escalation in independent into the national industrial markets, and nent short filmmaking to counter the hegemony of audience development and demography. But the '"\lollywood' films, as well as a profound only three are considered below: ~the development of filmic messages geared towards )In behavioural changes. Chukwumba explains that * Copyright law reforms - SASFED is hich the criteria for the evaluations of"award prizes" concerned particularly with Section 21 of ored is rooted in the way each film correctly the South African Copyright Act (No. 98) the mainstreams the core values, social issues and of19 78 that came into effect in January I, ttion messages that the partnering agencies of 1979, as well as how the national rays, government are concerned about and the way broadcasters misinterpret and apply it to tural each film successfully engages the public in deny independent producers the right to :here discussions on a chosen value area for the benefit from their creativity. Section 21 of ttell purpose of behaviour change. He admits that the Act addresses the question of there are so far five categories of award values: ~and "ownership of copyright" of family-friendly, arof due process, and public commissioned cinematographic film, if and conduct, anti-trafficking in persons, and faith such work is commissioned either under prize which has to do w1th religious values used ]Os, an agreement for money payment or under m the service ofthe wider society. onal a contract ofservice or apprenticeship. The On a critical note, generally short films :mgh national broadcasters, led by SABC, and documentaries made in South Africa, ; and believe that the riglif of ownership of a vider Ghana and Nigeria for the purpose of activism are important because of their ethnographic commissioned cinematographic work (and even the leftover materials after mba, styles and contents, as well as their editing) belongs "by default" to the ~al of engagements with the publics to promote issues commissioner of the work, rather than to loard relating to culture, identities, human rights, and the creator of the work. The implication of the education. Yet, a good number of short film short producers still place emphasis on commerce this is enormous. In particular, it means ts m and entertainment as their core practice values. that the entire independent industry has ctive Also, the Nigerian "award scheme" become only an extension of the national rmof arrangement in particular, though apparently broadcasters. In this regard, independent film beneficiary to the Nigerian public, is still producers can only function under the ; the constrained by its specific focus on patronage guidelines provided by national -lome drawn only from government agencies. There is broadcasters and under their mercy. While :B is need for increasing diversification, in terms of government recognizes that there are rivate value areas, endowment institutions, and the problems in the broadcasting sector in ~GO­ engagement of participants from the private relation to the interpretation and overs sector, so as to strengthen the reward-base ofthe application of a section of the national 1d the scheme, heighten the production capacity of copyright law, Schwinges is of the view ch as young producers, and re-orient the management that government" has never taken a decision '),the ofthe entire cinema industry in the country. to address the abuses encouraged by Jnited SABC and to · protect the independent Key P.olicy Concerns of Low-Budget ~1mes cinema sector. s·hwinges admits that since Producers: ancial the problem with the copyright policy is Data reveal areas of policy concerns that are 1tered very much tied with the issue of self­ common across the three countries, as well as Other regulation "for better employment those that are unique to each legislative country. ;hown conditions", · SASFED is currently le the The shared film policy areas, though differently cderal 205 e Journal of Contemporary Communication •

lobbying and pressurizing DTI to ensure enable people demand for and obtain their the desired changes take place. rights or work within the legal parameters required by law. The most current From Nigeria, the concern is with how the copyright law of Ghana is The Copyright Copyright Act of 1982 (amended in 1999 Act (No. 690) of 2005. The law was and incorporated into the Copyright Act enacted and issued on May 17, 2005 to Cap 28 Laws ofthe Federation ofNigeria offer protection to a variety of creative 2004) is being managed for effectiveness. works and to replace the previous Respondents streamline the areas of Copyright Act (No. JJO) of1985. problems to include the challenges surrounding the creation of awareness * Funding support- Concern with funding with regards to the provisions of the was addressed from different perspectives, copyright laws, the level of campaigning namely, the need for the diversification of against copyright piracy, and the minimal funding sources caused by- low exploration of partnerships with the media government's funding arrangements and to enhance copyright awareness and private sector funding initiatives; the curtailmentof abuses of creative rights. In difficulty in accessing funds from order to improve interventions in government establishments and financial copyright administration, respondents institutions; how the available recognise the need for improved governments' grants for training, partnership of the Nigerian Copyright production, and employment promotion Commission with the media sectors to purposes could be fairly disbursed to enable the education of citizens; the need benefit all stakeholders within each for the regulatory partners to readily national industry; the need to bring provide data on copyright abuses on discipline into the restrictive financial request by other stakeholders; the need for activities of the private marketers; as well improved monitoring of the film, music, as the need to improve on official funding software, and book industries to ensure to encourage quality productions, compliance; and the need for the development of human resources, immediate publication of findings with organisation of film festivals, and national regards to alleged copyright infringements reward schemes. in the country. Lindi Ndebele, the CEO ofthe Department Respondents from Ghana are concerned ofArts and Culture (DAC) of South Africa, about the inefficient control of the entire at the Third Film Indaba (2009), for audio-visual industry to manage film and· example, admits that there is poor video piracy, caused by the informal way investment in films from the private sector the industry is currently organized. Even in South Africa. She submits that the the political institutions expected to funding arrangements for the South monitor and regulate on copyright abuses African film industry comprises only do not even have legal mandate to operate, government funding that comes mostly which makes it difficult for people to listen through DAC and the Department ofTrade to and follow their guidelines. In addition, and Industry (DTI). This development, she most private producers still find it very explains, is due to the fact that South difficult to get redress from the law courts African films are generally considered to once their creative rights have been make relatively small income at the box infringed. Respondents admit that it is this office. Ndebele advocates for kind of problem that has partly informed diversification of funding sources and the campaigns .fur industrial legis_lations investments to improve the sector. and a revised Copyright Act that could Offering a contrary position, Schwinges of • Short film and video producers and film policy developments in ... • 206

SASFED, while acknowledging the need Comparative data suggests that it is South for diversification, maintains that much of Africa that currently offers the best the finances invested in short films in funding opportunities for independent South Africa come largely from private filmmakers. Nigeria and Ghana still have a funding and from foreign philanthropic lot to do in this regard. Arguably, lack of organisations tha t finance film funding could be seen as partly responsible productions that focus on human right even for such tendencies as the issues. He admtts that government fragmentation of films and videos contents provides only limited funding fewer than into parts (Part 1, Part 2 & Part 3) by five categories: SABC's commissioning of independent producers and the productions; sponsorship of experimental reproduction of film sound-tracks into productions by those film schools music videos for the purpose of additional partially-sponsored b y government; profits. The availability of official funding, outside those drawn from private NFVF's industria l development pockets and philanthropic organisations, sponsorship; the loan or equity grants from has the capacity to affect the kind of Industry Development Corporation (IDC) infrastructures, talents, and quality for small business institutions; and the productions available to national film "co-production rebate" of DTI, first industries. And lack of funding or lunched in2004. diversification in funding sources can seriously impede progress in these and 1 The rebate arrangement is an outcome of other directions. ) the co-production treaties signed between :1 South Africa and such other countries as * Strengthening _co-regulatory g the United Kingdom, Italy, Germany, partnerships - The NFVF 2010 "Draft Canada, India, Sweden, Algeria, etc., The Ll Report on the Third Film Indaba" rebate allows a 35% refund of the total ll acknowledges and praises the current amount spent within South Africa to any g working partnerships exiting among ;, foreign company whose production rel~vant government departments, >, initiative is recognised by its home country and South Africa as part of their co­ industry organizations, and independent production treaty agreement. This is in producers in South Africa. The document addition to the 'tax-free' and 'Vat-free' further recognizes the need to strengthen partnerships between industry J.t nature of co-production initiative. organisations, independent audio-visual a, Shwinges observes that even much of government funding through DTI rebates producers, and political administrators at )r system is .aimed to benefit mostly foreign the provincial level in order to strengthen )r production partners. Local short film the entire South African cinema industry. or producers and the independent television Respondents, however, remain generally 1e sector are strategically excluded from critical of the 'closed' relationship th benefiting from it. Independent film currently existing between ICASA and the ly producers can, nowever, benefit (with independent audio-visual sector, which .ly minimal procedural stress) from the tends to dampen morale and minimise the de funding progra mmes offered by capability of private producers to he government through DAC and NFVF in intervene directly in policy debates. Lth terms of supports for scriptwriting, Shwinges of SASFED admits that this is to extensive or short-term apprenticeship for one of the primary factors responsible· for ox young entrants and for postproduction low direct participation of short film or marketing. producers in film policy decisions in South nd Africa. or. :of 207 e Journal ofContemporary Commumcallon •

Respondents from Ghana are concerned conflicts of mterests, as well as prevent with the working partnership between the film producers from having to go through Ghana Academy of Film and Television multiple censorship systems wherever (GAFTA) and the Federation of their films are being distributed in the Independent Film Producers' Association country. of Ghana (FIPAG). Because of non­ existence of legislative backing for the Chukwumba admits that any attempt at activthes of the two bodies, they tend to unilateral regulation will yield only work independently (and sometimes serious negative outcomes as was the case against each other), advancing divergent in Kano State in mid-1999, when the state practice ideas to inform policy and film government brought in Islamic policemen productions. While GAFTA favours (or "Isbolla") to administer censorship on policies that strengthen educational and film contents produced and circulated cultural development as well as the within the state. The negative outcomes promotion of nationalism, FIPAG places greater emphasis on policy initiatives that were enormous: films produced and/or recognise its political and commercial distributed within the state were interests. Awindor of GAFTA is of the interpreted purely from Islamic view that effective organisation of the film perspective; attempts were made to sector to ensure broader participation and redefine creative contents and to set progress will require stronger legislative parameters on who has the right collaboration among all stakeholders. to create contents; most producers and actors who were not of the Islamic block From Nigeria, Chukwumba of NFVCB deserted the state; and series of litigations notes that film policy in Nigeria fall under arose from among industrial stakeholders, the "Concurrent List" of the Constitution. which "made a complete mess of the state By that provision, individual state can government and its film policy direction". legislate on film and video matters Astonishingly, the law could not even alongside F~9eral government. Stat~ laws work to stop contents produced outside the apply only within the state itself and are state from getting into the state, precisely enforced only by state agencies. And because of the limited logistics and power where there is a conflict oflaw, the Federal of monitoring and enforcement Kano state law supersedes and the state law is Islamic police had, as well as the power of declared null and void by a competent law digital media and mobile phones in aiding court. But to avoid unnecessary conflicts contents distributions. That era of folly, in policies that regulates the film industry Chukwumba observes, came to an end as a whole, as ~ell as to reflect the multi­ only after May 2011 when a new ethnic sensitivity of the country, NFVCB government came into power in the state. has had to adopt a "Shared-Responsibility He submits that any attempt at unilateral System" (SRS) that allows for strong co­ imposition of censorship in Nigeria regulatory partnership, whereby without wider con"'lltations will generate representatives of . states' regulatory contention. It will amount to a serious agencies are brought into NFVCB to form breach of the law of free expression as a common platform for evaluating, guaranteed in the Federal Constitution. classifying, and censoring film contents before their entry ii?-tO the local markets. Campaigning for Film Policy Changes The SRS enables NFVCB get the In considering empirical data on the question of understanding of all stakeholders in film campaigns by independent short filmmakers in regulation in Nigeria; to best manage the South Africa, Nigeria and Ghana. for film policy "Concurrent List" provision and avo.id changes, emphases was placed on such issues as the platforms and nature of campaigns, the type - • Short film and video producers andfilm policy developments in ... • 208 of horizontal and vertical linkages available to working under specific associations, can lobby assist campaigns, as well as achievements and for changes in matters affecting their private challenges. But because of limitation in the interests either directly or through their specific writing. space, this section looks only at the industry organisations. platforms and nature of campaigns, as well as SASFED's activist services, however, achievements and challenges. rest completely on volunteerism. Both the Executive Council and the General Council of Platforms and Nature of Campaigns: the federation are formed around volunteers Respondents from the three countries agree that drawn from its member organisations. While the platforms of advocacy for film policy the General Council is the supreme governing reforms by independent short film producers and decision-making body, the Executive stretches across a number of areas: Council with ten members elected at the documentary productions geared towards General Council's AGM is responsible for the activism, street actions, partnerships with day-to-day running of the federation. Thus, television houses and industry organisations, SASFED, guided by 'its two Councils, now government ministries, conferences, remains the main advocacy and pressure body workshops, and other socio-political forums. on audio-visual policy reforms as it affects the SASFED, a federation of independent independent film sector as a whole. industry organisations for audio-visuals in In its struggles for film policy reforms, South Africa, was borne on January 3, 2007 out SASFED interfaces with national broadcasters of government's request through DAC to have and with government through a number of the independent audio-visual industry speak channels. The organisation publishes a with one voice. One of the socio-political newsletter (known as "SASFED Newsletter") conditions for the establishment of SASFED to promote its advocacy activities and the was the recognition by South African campaigning activities of its member government that there were existing problems organisations. The newsletter is distributed in the audio-visual industry controlled by the quarterly among SASFED friends and allies and national broadcaster (SABC) and a few private to the public particularly through its official commercial media institutions that needed to be website. SASFED embarks on street actions addressed. Government did not want to speak and also uses documentary filmmaking as some with producers' organisation, actors' of their tools for activism. Such public actions associations and writers' guilds separately, with are always, of course, a collective activity of each presenting a different point of view. member organisations. Government wanted to speak with the The organisation also maintains direct independent cultural production sector as a interface with the relevant government whole. SASFED was formed to provide an departments on various issues. On the issue of institutional platform for unified expressions by changes to Section 21 of the Copyright Act, for all stakeholders and to enable meaningful example, SASFED deals with the Department dialogue with government in matters pertaining of Trade and Industry (DTI) that has the to audio-visual policyjnitiatives. ultimate responsibility to effect changes in the Working in partnership with a host of Copyright Act. SASFED also talks with other industry organizations and government government through the NFVF which has direct departments, SASFED is currently providing links with three governmental ministries, the necessary industrial platform for campaigns namely, the Department of Arts and Culture and policy interventions for the entire (DAC), the Department of Communications independent audio-visual industry in South (DC), and the Department ofTrade and Industry Africa. The institution, however, does not (DTI). This is in addition. to the submissions represent the interests of individual film and SASFED makes directly to the three ministries television producers. Rather it looks after the without having to go through NFVF. !hus, collective interests of its membership as a SASFED dialogues with government both on whole. Individual independent producers, the ministerial and the industrial levels. And to 209 e Journal ofContemporary Communication •

further strengthen its dealing with government filmmakers, as well as serve as a pressure body on the industrial level through NFVF, SASFED for the entire national audio-visual industry in . signed a Term of Engagement (TOE) with Ghana". He explams that GAFTA does not deal NFVF in February 2011. The TOE agreement with productiOn matters The productiOn sector formalizes the relationship between NFVF (as IS directly under the management of FIPAG. government industrial agency) and SASFED GAFTA deals strictly with political as well as (as the representative of the independent issues relating to narrative structures to provtde industrial sector). guidelines to affect policy and production. This Shwinges, the Vice Chair of SASFED, it does by pulling together all stakeholders in the in a face-to-face conversation, notes that the audiO-visual industry to belong under Its level of direct participation of short film network arid to offer unified and formidable producers in film policy reform initiatives, views on audio-visual policy matters. outstde the inputs made for them at industry For Awindor, there are four primary organisational level, is very low. He explains tssues of advocacy that GAFTA is currently that part of the reasons for their mmimal direct concerned with: The first is the lack of a contribution is that most of them are busy with comprehensive film policy system for the entire making money to sustain their businesses. For film industry in Ghana. Ongoing interventions him, thts situation is further compounded by the on this issue, Awindor admits, depend on the awareness of pnvate producers that "ICASA, political position of each successive the independent broadcast regulator, is government and on how that government incredibly impossible to deal with". For him, it satisfies (or fails to satisfy) the promises it gives is only at the industry organisational level that to the citizens with regards to the National Film independent small film producers can have any Bill. Awmdor submits that there is generally chance of directly impacting on audio-visual lack of political will on the part of each policies in South Africa. He maintains that government to get things better organi~ed to SASFED functions to provide for them that bring back professionalism into the Ghanaian industrial platform. cinema sector as a whole. If campaigns for film policy reforms in The second is the provision of official South Africa remains one of the core mandates supports for the independent short film sector. of SASFED, spearheading similar reform So far, government has offered little to the pressure in Ghana is GAFTA. GAFTA is an industry in terms of funding or technical support association of cinematographers established for the organisation of film festivals. Most film also on the basis of voluntary membership. festivals (e.g. FOFA) are by private GAFTA was formed by academics in organisations, such as Silver Bird Cinema. The partnership with some 'old' generation only government support available to the filmmakers in Ghana. It was established to industry, Awindor notes, is the "Ghana Youth provide an institutional platform for a central and Employment Training" policy whereby co-ordination of the independent audio-visual government gives money to Gallywood to industry organisations. It is not the statutory create avenues for the training and employment regulator of the cinema industry. Though it of young people in production. He admits that currently lacks a national statutory mandate for GAFTA currently works with a host of other its activities, the association is constituted to stakeholders to ensure that things are better play a role similar to thatofSASFED. done to give a wide range of support to improve Jim Awindor, the former organising the independent cinema sector. secretary of GAFTA, notes that GAFTA And the third is the current difficult functions more like an academy and as "an relationship between GAFTA and FIPAG. umbrella platform where all the other FIPAG is a highly formidable association of stakeholders can belong to so that we can have marketers. Getting them to register and work formidable resources to take care of the with GAFTA is very challenging. The difficulty intellectual, social, political, and narrative stems from a number of factors: Firstly, GAFTA structural needs of big-time and short-term lacks a "total recognition" from government • Short film and video producers andfilm poltcy de~·elopm ents m ... • 210 y that could enable it work effectively with they don't even know what the Film Bill is". And n FIPAG. Though GAFTA is registered with the because their goal is commercial benefits, many .1 Registrar General of Ghana as required by the of them don't bother about regulatory issues. r company registration law and is affiliated with The pressures for film policy reforms in Ghana ' r. the Federation of African Filmmakers (the come mostly from the academia, GAFTA, s organisers of FESPACO), because it lacks a professional journalists, and/or media activist e legislative backing, it is difficult for it to secure organizations. Independent short film s an enduring working partnership from FIPAG to producers make little direct inputs. e reshape the cinema industry in Ghana. Respondents from Ghana are generally s Secondly, there is an enduring animosity of the view that the problem with minimal e between some top members of GAFTA and participation of short filmmakers in regulatory FIPAG which keeps derailing the move towards reforms is not lack of 'forums' (conferences, y collaborative partnership. FIPAG members still workshops, parliamentary sessions, or District y feel insulted by the statements made in the past Assemblies) or other 'platforms' to facilitate a by some prominent members of GAFTA who discussions, protests or street actions; it is e regarded them as cobblers, carpenters, simply a matter of indifference, resulting from s shoemakers and people with low professional the fact that "they probably don't see how that is e background who have infiltrated the going to benefit them. What they know is that e filmmaking industry purely for personal gains. they are making their films and they are making Lt As a result, FIPAG remains highly suspicious of their money. Bill or no Bill, they are making it". s the practic:e intention of GAFTA which Respondents are also emphatic that effective n membership is made up of academics, veteran campaign for policy changes will require, not y filmmakers, and renowned media activists. And only the collaboration of ait associations within h because FIPAG members are mostly people the industry, but also respect for regional trade 0 working with "Gallywood" and other marketing and cultural policy agreements signed by n associations, they still think they will not find a ECOWAS member states. Where these treaties welcoming place in GAFTA. are disregarded, as it was the case with FIPAG­ ll The GAFTA-FIPAG drift and how this Nollywood controversy of 2010, it could have r. affects collaborative campaigns was further negative consequences in terms of cordial e corroborated by Kwame Usuh, a Production business relationship among sister nations in rt Manager in Film Africa and TV Africa. As a West Africa. n result of the drift, Usuh admits, the film Respondents from Nigeria note that e regulatory environment in Ghana is replete with independent short filmmakers intervene in film .e regulatory illegality as different associations lay policy reforms primarily through the television te claim to being the rightful regulator of the stations that lean on their services and/or h cinema industry. He admits that if government through the independent marketers. y is going to take the views of independent Chukwumba, for instance, maintains that it is .0 cultural producers seriously, such a the elitist associations of marketers that 1t representative and pressure group as GAFTA is constitute one of the key film policy :it needed. He argues that the situation currently stakeholders alongside government. Though ~r calls for collaborative campaigns to ensure that short film producers in the country have no GAFTA's attempt to gain monopoly of the common business interest with the marketers, industry is given legislative backing to ensure strategically, the small film producers do people's fidelity to its policy proposals. succumb to the political agendas of the It With regards. to role of short film marketers in order to find some form of ~ J . producers in the formation of the National Film representation in policy matters. Chukwumba )[ Bill and in the campaigns for its passage, submits that the low-budget film sector ·k Awindor and RamatuDadzie, the Head of currently lacks a unified and well-structured ty Designs Department of NAFTI are in association that could be brought forwara for A agreement that most of the short film producers inclusion in film policy decisions. The power of nt who operate under FIPAG "don't care; in fact, direct intervention and participation is enjoyed

. ...-- ..... ' 211 e Journal of Contemporary Communicatwn • only by the independent television sector and SASFED has also participated in "The­ the private marketers alongside other Right-to-Know" campaign undertaken by all stakeholders. Chukwumba is emphatic that, civil society organisations in protest against the though short film producers in Nigeria are not proposal for a "Public Information Secrecy Act" completely marginalised in film policy put forward by the conservative arm of ANC­ processes, their level of direct participation is led government. The South African government low. The sector still has a lot to do to gain is trying to make it punishable by law for separate representation outside those provided journalists, broadcasters, and audio-visual by the independent television industry and the producers to publish certain information elite marketers. The "Homevida" project, without first clearing it with government. What Chukwumba observes, is a big opportunity for this means is tbat any cultural producer and their them to use and build their alliances. sources could be put in prison on the basis of that law if the parliament approves it. Shwinges Film Policy Changes: Achievements and maintains that "the Secrecy Act" proposal is of a Challenges grave concern to the general public because of That all the achievements and the way it will deny the media access to some challenges of the alternative filmmaking sector information considered by the State as in Nigeria, Ghana, and South Africa could be "classified" information. The proposal will be completely captured in these few pages is an problematic not only for newspaper and overstatement. Only a few highlights are given. broadcasting institutions, but also for low­ But regardless of the challenges confronting the budget filmmakers in their depiction of socio­ sector, evidence suggests that the independent political realities in South Africa. It will bear short filmmakers, drawing on a number of serious consequences for freedom of expression strategies and working in partnership with a guaranteed in the 1996 Constitution of South host of other organisations and government Africa by creating spaces for government "to ministries, are achieving some level of victories ban any film at any time that they see as in their activism for film policy reforms. detrimental to the interest of the ruling party". Outside the pressures for changes in Evidently, legislation on that Bill has been some sections of the 1978 Copyright Act of delayed due to the enormous pressure against it South Africa, Shwinges of SASFED maintains from "The-Right-to-Know-Campaign" groups. that the industry organisation has made GAFTA in Ghana has also made significant inputs, on behalf of the independent significant inputs into film policy reforms in audio-visual sector, to influence government to Ghana. Awindor admits that the association undertake a television broadcast review process made a significant input into the National Film through DC, the government agency that co­ Bill through the Ministry of Information. The ordinates mediC;\ operations in the country, as primary reason for GAFTA's involvement was well as to update South African audio-visual the unilateral way the official drafters ofthe Bill broadcast facilities in the areas of fidelity to had approached it. GAFTA's involvement was content rules and effective management of the also informed by its conviction that if the Bill Digital Television Terrestrial (DIT) migration was passed the way it was submitted, it would process. For him, these are some of the areas not favour the independent small film that SASFED and SOS collaborate to campaign producers. Awindor maintains that with inputs for changes. In a short Skype chat with coming from different industrial sectors, the Shwinges in July 2015, he admits that the South Bill is now in a state that if approved will be African copyright law situation is still the same. acceptable to Ghanaians. He admits that The only difference is that DTI has finally GAFTA is quite optimistic about the Film Bill responded to stakeholders' appeal by setting up because it will provide a regulatory framework; a hearing committee to make recommendations not only in terms of "censorship", but in terms to the Minister on the review of the Copyright of structured guidelines for industrial Act. And SASFED has made a representation to operations and monitoring; as well as enable the that committee. industry provides opportunities for • Short film and video producers andfilm policy developments in ... • 212

employment and the generation of additional Africa, is constantly being harassed by boras revenue for government. Evidently, pressure for departments in government that put up mirage he­ the formation and quick passage of the Film Bill documents against them. But the political all remains one of the major issues that sometimes pressure, rather than discourage SASFED, the unite GAFTA and FIPAG in advocacy. The .ct" emboldens it to form more alliances with civil .JC­ drive to actualise the Film Bill has, at different societies to pressure government for attitudinal times, brought the two bodies together to lobby and policy changes. lent whoever is the Minister oflnformation in Accra.· for The Homevida Award scheme remains Conclusion: mal one of the biggest achievements that have This chapter set out to address three questions in :ion enabled broader participation of young talents relation to the relationship between short film 'hat in the cinema industry in Nigeria. In particular, and video producers and film policy heir the event has opened up spaces for those in the developments in the English-speaking region of s of small film sector to find platforms for synergy Africa: how can we reconceptualise film policy tges and collaboration, in a way that will allow them to ensure sophistication and acceptance among of a have a distinctive voice in film policy decisions alternative film proclucers? What is the e of in the country. However, evidence suggests that contributive role of short film producers in film Jme the low-budget sector did contribute through the policymaking? Is there identifiable democratic as private marketers and private television houses deficit in the socio-political dynamics of film 1 be towards the formulation of the policy document policymaking in the African region? Focusing and on the "Distribution, Exhibition and Marketing attention on the developments in Ghana, South ow­ of Films and Video Works in Nigeria". The Africa, and Nigeria, this work has argued for the cto­ policy framework, Chukwumba explains, will adoption of the ethical-political policymaking Jear be implemented and realized in three "phases" framework, so as to ensur~ wider participation SIOn (the "distribution and exhibition licensing"; the and the broadeningof the socio-political Juth introduction of"General Classification Labels" dynamics for co-regulation ofcinema industries "to that is carried out with film certification in Africa. The rational for this argument rests on ~ as process; and the "Scratch Card Classification the need for academics, civil society :ty". Label" which is still on course). All three organisations, and conveners of film policy Jeen 'phases', he explains, constitute a single ongoing debates to continue to work to ensure the 1St it regulatory practice in the country. He indicates inclusion of the empathetical and moral lpS. that the key direct contributors to this document considerations of citizenship in official film 1ade were government experts, private television policy agendas. tS in establishments, and the private marketer With regards to democratic deficit and Ltion associations. Though the small film producers the degree of participation of the small film F'ilm did not have any separate representation, they sector in film policy developments of the last The did make their impacts through these other two decades, the general finding is that the was groups. independent short film producers of :Bill was In spite ofthese achievements, the small Anglophone Sub-Saharan Africa lack separate film industries across the three countries are still representation in the official film policymaking Bill faced . with numerous challenges. Primary forums. As a result, they make little direct input ould among them are funding and infrastructural into film policy reforms. Their interventionist film support, training to ensure high production contributions come mostly by way of tputs quality, access to film regulators especially in , the partnerships with industry organisations, local South Africa, the enduring communication gaps television houses, and at film festivals. The 11 be between industry organisations and agencies of problem with their minimal direct intervention that ·government, as well as harassments from those is not lack of 'forums' and other 'platforms' to . Bill in government who do not agree with the views facilitate discussions, protests or street actions; r'ork; erms of those in the alternative cinema sector. it is simply a matter of indifference, resulting SASFED, for instance, in lobbying for changes from the fact that they probably don't see how trial in the broader regulatory landscape in South that is gomg to benefit them commercially. ethe for 213 e Journal ofContemporary CommunicatiOn •

However, while the independent short film for film policy reforms in Africa: the adoption sector is not completely excluded from the of the 'ethical-political' policy conception socio-political dynamics of film policy making framework and 'open' administrative approach in Africa, ongoing campaigns for broader by industry regulators to broaden participation; collaboration among all relevant associations the need for the formation of separate within the industry is necessary. Also relevant is representation by short filmmakers outside the need for all stakeholders to work together to those provided by the independent television continue to create meaningful interfaces industry and the elite marketers, to enable them between commercialism and cultural partner more meaningfully with diverse considerations in national film pohcy debates, industry organisations and with governments; as well as ensure ongoing respect for regional increasing use of social media platforms by trade and cultural policy agreements in policy low-budget film producers to strengthen decisions in Africa. presence and direct engagement with activist However, in view of the challenges still organisations and governments; as well as the confronting the national cinema industries as a need for diversification in funding and whole and the growth of short film practice in expansion in the protective frameworks particular, this chapter makes the following available to small film producers across Africa. recommendations in prospect of future activism

References: Enzensberger, H. M. (1970), "Constituents of a Bordwell, D. and Kristin Thompson (2008), Theory of the Media", In Denis McQuail "Film as art: creativity, technology, (ED.), Sociology of Mass Communications business", In David Bordwell and Kristin (Harmondsworth: Penguin), pp. 99-116 Thompson, Film art: an introduction, Eight Edition (Boston & London: McGraw-Hill) Erickson, M. P. A. (June 2011 ), Independent Filmmaking in the Pacific Northwest: A Botha, M. (2012), South African Cinema 1896- Critical Analysis of the Regional Film 2010 (Bristol, UK & Chicago, USA: Landscape, A Dissertation (Eugene: The Intellect) ·- University ofOregon Graduate School)

Calhoun, C. ( 1992), "Introduction: Habermas and Gunera tree, A. R. and Wimal Dissanayake (2003 ), the Public Sphere", In Craig Calhoun (ED.), "Alternative cinemas in the age of Habermas and the Public Sphere, globalization", In Guneratreeand Cambridge, Massachusetts and London, Dissanayake (EDs), Rethinking Third England: The MIT Press, pp. 1-48 Cinema (New York & London: Routledge), pp.101-02 Chakravartty, P. and Katherine Sarikakis (2006), Media Policy-and Globalization (Edinburgh: Habermas, Ji.irgen (1962), The Structural Edinburgh University Press) Transformation of the Public Sphere, trans. Croft, S. (1998), "Concepts of national cinema", 1989 Thomas Burger (Cambridge, UK & In John Hill and Pamela Church Gibson · Oxford, UK: Polity) (EDs), The Oxford Guide to Film Studies (Oxford & New York: Oxford University Hallin, D. and Paolo Mancini (2010), "Western Press), pp. 385-94 media systems in comparative perspective", ·. In James Curran (EO.), Media and Society, Downing, J. ( 1984), Radical Media: The Political. Fifth Edition (London & New York: Experience of Alternative Communication Bloomsbury), pp. 103-21 (Boston: South End Press) Humphreys, P. J. ( 1994), Media and Media Policy Eaton, M. (ED.) ( 1979), Anthropology-Reality­ in Germany: The Press and Broadcasting Cinema: The Films ofJean Rouch (London: Since 1945, Second Edition, German Studies British Film Institute) • Slwrt film and video producers and film policy developments in ... • 214

on Series (Oxford & Providence-USA: Berg) Media, A Doctor of Philosophy Thesis on (Edinburgh: Edinburgh Napier University) ch Hutchison, D. ( 1999), Media Policy: An Papthanassopoulos, S. and Ralph Negrine (20 10), m; Introduction (Oxford, UK & Malden, USA: "Approaches to Communications Policy: An 1te Blackwell) Introduction", In Stylianos de Papthanassopoulos and Ralph Negrine on Le Grice, M. (200 1), Experimental Cinema in the (EDs), Communications Policy: Theories Digital Age, BFI Film Classics (London: and Issues (England & New York: Palgrave ~m British Film Institute) Macmillan), pp. 3-21 ~se 1ts; MacDonald, S. ( 1988), A Critical Cinema: Rabinovitz, L. (2003), Points of resistance: by Interviews with Independent Filmmakers Women, power and politics in the New York ten (Berkeley: University ofCalifornia Press) avant-garde cinema, I943-71, Second 1ist Marris, P. and SueThornharrn (EDs) (2000), Edition (Urbana, IL: University of Illinois the Media Studies: A Reader, 2"d Edition Press) md (London: NYU Press) rks Rosenthal, A. (1980), The Documentary a. Moran, A. (1996), "Terms for a Reader: Film, Conscience: A Casebook in Film Making Hollywood, national cinema, cultural (Berkeley: University ofCalifornia Press) identity and film policy", In Albert Moran (ED.), Film Policy: International, National Sholle, D. (1995), "Access Through Activism: >f a and Regional Perspectives (London & New Extending the Ideas of Negt and Kluge to Jail York: Routledge), pp. 1-20 American Alternative Media Practices", In ons Science Communication: An International National film and video foundation (March 201 0), and Interdisciplinary. Journal of Social Draft Report on the National Film and Video Philosophy 2(4) (Thousand Oaks: SAGE), lent Foundation Third Film Indaba, Houghton­ pp.21-35 : A SouthAfrica ~ilm Sitney, P.A. (1979), Visionary Film: The The Negt, 0. and Alexander Kluge (1993), Public American Avant-Garde, I943-I978, Second Sphere and Experience: Toward an Analysis Edition (New York: Oxford University of the Bourgeois and Proletarian Public Press) 03), Sphere, trans. P. Labanyi, J. Daniel & A. of Oksiloff, Minneapolis: University of Smith, M. (1998), "Modernism and the avant­ and Minnesota Press gardes", In John Hill and Pamela Church ~ird Gibson (EDs ), The Oxford Guide to Film lge), Okon, P. E. (2014), Changes in Media Policy in Studies (Oxford & New York: Oxford Sub-Saharan Africa: The Role ofCommunity UniversityPress),pp. 3395-412. ural ·ans. <.&

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