The High Court in Nairobi has delivered a landmark ruling on the regulation of social media content, offering much-needed clarity on the applicability of the Kenya Films and Stage Plays Act to modern digital platforms.
The case was brought by William Getumbe, a content creator, who contested the Kenya Film Classification Board’s (KFCB) directive to pay licensing fees and take down music videos he had uploaded to YouTube.
Getumbe argued that the 1962 law was never intended to govern content recorded on smartphones or shared through social media, terming its application in this context as unconstitutional.
In his ruling, Justice Lawrence Mugambi agreed that the law’s original intent was focused on traditional film production and public screenings. However, he clarified that the definition of “film” under the Act includes any recorded audiovisual material—regardless of the device used to produce it.
Crucially, the court drew a distinction between content created for public exhibition or commercial distribution and personal or user-generated content shared on platforms like YouTube. It found that while KFCB retains regulatory powers over public media, it overstepped its mandate by targeting individual content creators without clear evidence of public commercial intent.
Justice Mugambi declared the Board’s licensing demands and takedown orders unlawful, noting that such enforcement lacks legal grounding when applied to private social media posts. He also acknowledged the outdated nature of the law, urging legislative reforms that better align with the realities of digital content creation.
“The objectives of the 1962 law—to protect vulnerable populations from harmful content—remain important,” the court stated. “However, enforcement must evolve to respect both technological advancements and constitutional freedoms.”
The decision marks a major win for digital creators in Kenya, affirming their right to freedom of expression while underscoring the urgent need for updated legal frameworks to govern the rapidly evolving online media space.nted to either party.
