Kenya’s Creative Industry Suffers Losses in Billions Due to Piracy

Kenya’s creative industries, encompassing film, music, literature, and software, have faced staggering losses due to rampant piracy. Despite the sector’s growth potential and significant contribution to the economy, piracy continues to undermine revenue streams, talent development, and cultural preservation.

The Extent of the Problem

A recent report by Partners Against Piracy (PAP) paints a grim picture, estimating that Kenya loses approximately Ksh92 billion annually to digital piracy. This translates to Ksh252 million daily, a figure that underscores the severity of the issue. The music industry alone is deprived of Ksh15 billion each year, while television stations lose around Ksh8 billion. Other sectors such as film, software, and publishing are also significantly affected.

Piracy takes various forms in Kenya, including internet streaming, cable piracy, and commercial piracy. Illicit streaming services, particularly during popular events like English Premier League (EPL) matches, draw thousands of viewers who access content without paying, further eroding the income of content creators and rights holders. Cable piracy, colloquially known as "sambaza," involves the unlawful distribution of digital content through tampered pay TV boxes, and commercial piracy occurs when businesses unlawfully display copyrighted content in public venues, like bars and restaurants.

Economic and Cultural Impacts

The financial losses due to piracy are not just a setback for content creators; they also have broader economic implications. The Kenyan government loses substantial tax revenue, which could have been reinvested into the creative sector to spur growth and innovation. Moreover, piracy discourages investment in the creative industries, as stakeholders are wary of the risks associated with illegal content distribution.

Culturally, piracy stifles the development of local talent. Filmmakers, musicians, authors, and software developers struggle to earn a living from their work, which diminishes their ability to continue producing high-quality content. This, in turn, leads to a decline in the diversity and richness of Kenyan culture being showcased to both local and international audiences. The creative industry is not just an economic driver; it is a vital part of Kenya’s cultural identity, which piracy threatens to erode.

Efforts to Combat Piracy

Kenya has made several attempts to curb piracy, but the effectiveness of these measures has been mixed. The Kenya Copyright Board (KECOBO) and the Kenya Film Classification Board (KFCB) have been at the forefront of these efforts. KECOBO introduced the Anti-Piracy Security Device (APSD), a unique barcode applied to legitimate audiovisual works to monitor their online distribution. This initiative, however, faces challenges in enforcement, with many pirated works still finding their way into the market.

The Copyright Amendment Act of 2019 was another legislative effort aimed at combating digital piracy. Sections 35B and 35C of the Act introduced legal provisions for Internet Service Providers (ISPs) to regulate online piracy. However, three years after its enactment, the law’s implementation remains largely ineffective, with key loopholes still being exploited by perpetrators of digital piracy.

Additionally, the Kenya Institute for Public Policy Research and Analysis (KIPPRA) has highlighted the need for more stringent enforcement of copyright laws. The institute suggests that current regulations, including the Kenya Cyber Crime Act, need to be revised to place greater responsibility on Internet Backbone Providers (IBPs) to block domains involved in piracy. This would involve collaboration with rights holders and third-party organizations dedicated to intellectual property protection.

The Way Forward

For Kenya to truly combat piracy, a multifaceted approach is necessary. This includes not only stronger enforcement of existing laws but also the development of new strategies that address the root causes of piracy. One such strategy could involve increasing public awareness about the detrimental effects of piracy on the creative industry and the economy at large. Educational campaigns could help shift public perception and reduce the demand for pirated content.

Furthermore, the government needs to invest in technology that can effectively monitor and block pirated content online. This could be complemented by partnerships between the public and private sectors to develop more secure distribution channels for digital content. Additionally, offering affordable and accessible legal alternatives to pirated content could significantly reduce piracy rates. Services like Netflix and Spotify have shown that when consumers are provided with convenient, reasonably priced options, they are more likely to choose legal avenues for accessing content.

The creative industries themselves must also play a role in this fight. By adopting innovative business models that leverage technology, they can create new revenue streams and reduce their dependence on traditional distribution channels, which are more vulnerable to piracy. For instance, blockchain technology offers promising solutions for protecting intellectual property and ensuring that creators are fairly compensated for their work.

Conclusion

Piracy continues to pose a significant threat to Kenya’s creative industries, with billions of shillings in potential revenue lost each year. While efforts have been made to address the issue, much more needs to be done to protect the livelihoods of content creators and preserve Kenya’s cultural heritage. By strengthening legal frameworks, raising public awareness, investing in technology, and embracing new business models, Kenya can begin to turn the tide against piracy and unlock the full potential of its creative sector. This is not just an economic imperative; it is essential for the cultural vitality of the nation.