Abstract: In 2014, the Supreme Court of Kenya had to determine whether the broadcast rights in free-to-air (FTA) programme-carrying signals were infringed by allowing the re-broadcasting of these signals pursuant to the so-called “must-carry” rule in the Broadcasting Regulations of the Kenya Information and Communication Act. In a unanimous decision, the apex court ruled that the ‘must -carry’ rule fell under the fair dealing provisions of the Kenya Copyright Act despite the fact that the dealing in question did not fit within one of the enumerated allowable purposes.
[Electronic Information for Libraries, Link (CC-BY)] EIFL and the Kenya Library and Information Services Consortium (KLISC) have jointly responded to a public consultation organized by the Kenya Copyright Board on proposals to provide web blocking measures in cases of online copyright infringement (also known as ISP liability).
The Kenya Copyright Board (KEBCO) is preparing to propose amendments to the Copyright Act that would block sites hosting content which infringes local creators’ copyrights. Local internet service providers that refuse to take down content would face fines and even prison sentences. KEBCO’s webpage notes that the new rules should “come into play by the end of the year… The laws will be ready for public discussions next month before they go to Parliament.”
Justice Mumbi Ngugi of the Kenyan High Court has ruled that sections 2, 32, and 34 of the Kenya Anti Counterfeit Act 2008 “violate the complainant’s right to life and health as it severely limits access to drugs.”
Three petitioners – Patricia Asero, Maureen Murenga and Joseph Munyi – had challenged the law, charging that its overly broad definition of what constitutes a counterfeit product would limit access to generic medicines. This would violate the Kenyan Constitutional protection of the right to life, (Article 26 of the Constitution).