Govt Begins Fresh Social Media Crackdown, Warning Of Ksh500K Fine

The Kenya Copyright Board (KECOBO) and the Communications Authority of Kenya (CA) have joined forces for a fresh crackdown targeting social media users publishing pirated content on their accounts.

KECOBO released a statement on Friday, January 31, revealing that it had received complaints from several entities concerning the infringement of their works online and through social media platforms, notably Facebook, Telegram, and WhatsApp.

KECOBO Executive Director George Nyakweba went on to reveal that available information indicated that several Facebook and WhatsApp groups have been formed to share e-newspapers, popular TV content, movies, and pirate subscription codes.

He further disclosed that people are also offering pirated Portable Document Format (PDF) or soft copies of books. Similarly, other websites were found to be offering illegal pirated live streams that affected live football broadcast signals.

"This is to inform the public that these acts constitute an infringement under the Copyright Act more particularly the exclusive right of making available, offering for sale and rental infringing Copyright works," the statement read in part.

"Also note that any person who circumvents technological protection measures designed to prevent unauthorized access to works protected under the Copyright Act is guilty of copyright infringement. Further, manufacturers and distributors of devices or software used for the purpose of circumventing technological protection measures are equally guilty of an offence under the Copyright Act."

The copyright enforcement agency boss then fired a stern warning to those culpable, referring to the Copyright Act which states that any person found committing the above offences shall be liable to a fine not exceeding Ksh500,000 or to imprisonment for a term not exceeding four years or both.

KECOBO, in conjunction with CA, added that it is working closely with the social media platforms, and has commenced investigations on these incidents with a view to closing down and pursuing legal action against owners of infringing social media accounts.

"Infringement of Copyright attracts both criminal and civil liability for those found culpable. This is, therefore, to inform the public of the ongoing pirate activities and warn them against engaging in the same since they undermine respect for Intellectual Property Rights of right holders and the ability for them to make a decent living from their creative works. This also exposes innocent users to the risk of providing personal information and data to persons who may use it for illegal purposes," added the statement.

Nyakweba revealed that the board was open to any information that may lead to the arrest of perpetrators of piracy via social media through its hotline number 0703885033 or info@copyright.go.ke 

Kenya's copyright law safeguards creators of original works, such as literature, drama, music, art, and other intellectual creations. Copyright is automatically granted to an individual upon creating their work. However, the creator has the right to transfer ownership to another party if they choose.

Nonetheless, copyright is not absolute. The concept of fair use applies across all media, imposing restrictions on how others may use the copyrighted material.

This notice comes after the Nation Media Group (NMG) addressed the matter of individuals distributing their newspapers' digital publications on social media without authorisation. The regional media house affirmed that no person is allowed to reproduce or resell its e-paper without prior authorisation, terming it an infringement of copyright laws and thus a criminal offence. 

The habit has been prevalent among culprits sharing copies of the E-paper on WhatsApp.