NAIROBI, Kenya – The Kenya Film Classification Board (KFCB) has been reaffirmed in its authority to regulate content on social media platforms like TikTok, YouTube, and Facebook, following a ruling by the High Court.
The decision, delivered by Justice Lawrence Mugambi at the Milimani Law Courts, grants the KFCB the legal right to oversee online content in an effort to safeguard Kenya’s cultural and moral values.
The ruling came after a petition by singer and content creator William Getumbe Kinyanjui, who challenged the Board’s decision to remove two of his music videos from YouTube.
The KFCB had directed Getumbe to take down the videos earlier this year, arguing they violated certain content regulations.
While the court upheld the KFCB’s authority in this case, it also placed limitations on the Board’s scope.
Justice Mugambi ruled that requiring KFCB to approve every piece of amateur content uploaded to social media is impractical and infringes on personal privacy.
The judge noted that in today’s digital era, where nearly everyone has access to a smartphone and can post videos online, it would be unreasonable for the Board to examine and rate every video before it is uploaded to the public domain.
“In these contemporary times, when anyone with a smartphone can record a video and upload it to social media for public access, it is absurd to expect the Board to enforce the requirement of examining, classifying, and rating every such video—or to demand licence fees prior to filming and uploading amateur content,” said Justice Mugambi.
Getumbe had contended that his social media content, which was recorded using a smartphone, should not fall under the purview of the Films and Stage Plays Act, which he argued was designed to regulate traditional film production, not social media activity.
He also objected to the KFCB’s demand for a Sh234,200 licence fee for his posts.
Furthermore, Getumbe sought an injunction to prevent the KFCB from removing his content or suspending his social media accounts.
However, the court dismissed his arguments, asserting that the Films and Stage Plays Act does not distinguish between professional and amateur content or between traditional media and digital platforms.
It reiterated that the KFCB has the right to regulate any audio-visual recording made available to the public, regardless of the medium used to distribute it.
“As for the claim that the Films and Stage Plays Act does not grant KFCB powers to regulate social media activity, this argument is untenable. The regulation applies to any audio-visual recording made available for public exhibition,” the court stated.
The decision is a significant development for content creators and digital platforms in Kenya, raising questions about the balance between regulation and freedom of expression in the digital age.
While the ruling strengthens the KFCB’s role in curbing harmful content online, it also highlights the challenges of regulating user-generated material on rapidly evolving social media platforms.
