(LINK Centre, University of the Witwatersrand (Wits), Johannesburg, 2019-06-28) Walubengo, John; Mutemi, Mercy
Kenya’s Copyright (Amendment) Bill, 2017, is nearing its final stage of consideration
by Parliament. In this article, we provide a review of the Bill’s provisions in respect
of its treatment of internet intermediaries, specifically internet service providers
(ISPs). We seek to establish the impact that the intermediary liability provisions in
the Bill could have on ISPs’ operations if the Bill is passed into law in its present
form. We applaud the Bill’s provision for a “safe harbours” regime, whereby ISPs
would incur no liability, or limited liability, for certain specific intermediary actions.
However, we also note that the framing of the Bill’s notice-and-takedown provisions
would require quasi-judicial skills on the part of ISPs, which may not be appropriate.
We conclude by providing recommendations for how legislators could address the
weaknesses in the Bill’s treatment of ISPs.