As many readers may know, there are currently no provisions under the Laws of Kenya that specially address the issue of intermediary liability. There are no stated take down laws, policies or procedures. There is also no safe harbour for intermediaries or similar provisions limiting their liability. From an intellectual property (IP) perspective, it will also be recalled that Kenya has not ratified and fully implemented the WIPO 1996 Internet Treaties which many argue has left Kenyan works without adequate protection in the digital online environment.
It is against this backdrop that Kenya Copyright Board invited stakeholders to comment on draft proposals to amend the Copyright Act to address intermediary liability. So far, this blogger has seen the submissions made public by the Kenya Library and Information Services Consortium (KLISC) and those by Strathmore University’s Centre for Intellectual Property and Information Technology (CIPIT). The KLISC and CIPIT submissions are available here and here respectively. As for Safaricom’s views on intermediary liability, this blogger submits that certain inferences can be made from past conduct as well as existing provisions in their contracts with content service providers (CSPs) and rights holders.