Kenya’s proposed Creative Economy Support Bill 2024 has come under sharp criticism from the Bloggers Association of Kenya (BAKE) for failing to include the country’s thriving online creator community. While the bill seeks to formalize and fund Kenya’s creative industries, stakeholders argue that it overlooks the digital creators—YouTubers, podcasters, TikTokers, and influencers—who now drive the bulk of Kenya’s creative economy.
BAKE released a detailed analysis highlighting the bill’s outdated approach. The current draft lists sectors like film, music, gaming, and web design but stops short of recognizing “digital content creation” as a distinct category. According to BAKE, this omission risks marginalizing thousands of online creators who depend on digital platforms for their livelihood. Without explicit legal recognition, creators could be excluded from the funding, legal protection, and tax incentives that the bill promises to other industries.
The association insists that digital content creation should be clearly defined in the legislation to encompass everything from social media content, streaming, e-sports, to creator-led commerce. This would ensure that the law reflects the true diversity of Kenya’s creative economy and provides equal access to emerging digital entrepreneurs.
The IP Problem
BAKE also pointed out that online creators face a unique set of intellectual property (IP) challenges. Traditional copyright systems—designed for musicians, filmmakers, or authors—are too slow for the digital space, where creators publish multiple videos, podcasts, or posts every week. Digital content is easily copied, stolen, or misused without proper legal frameworks to protect it.
BAKE has called for a fast-track IP registration system tailored for digital media and for specialized legal support to handle cross-border copyright violations and false DMCA takedown claims. Such measures, they argue, would give creators the tools to protect their work in real time, rather than relying on outdated procedures that can take months to resolve.
Who Gets to Decide?
Another point of contention is the proposed Creative Industry Council, which will oversee the sector’s development. The bill allocates board seats to representatives from film, music, literature, and fashion—but none for digital creators. BAKE wants at least one seat reserved for a digital creator representative who understands how algorithms, monetization, and global content platforms actually work.
Digital creators face unique operational realities, from managing YouTube partnerships to navigating cross-border payments. According to BAKE, “there needs to be someone at the decision-making table who understands the digital ecosystem firsthand.” The organization also recommends tax incentives for content creators investing in production equipment like cameras, lighting, and editing software, as well as special tax relief for micro-entrepreneurs earning from foreign platforms such as YouTube, Patreon, or TikTok.
Beyond Digital: The Bigger Structural Gaps
While BAKE’s strongest objections concern the digital space, the group also flagged structural flaws in the bill. The proposed Creative Fund, meant to provide financial support to artists, lacks a consistent revenue stream and relies solely on government appropriations and donations. BAKE suggests introducing a small levy on event tickets or streaming subscriptions to create a self-sustaining fund directly tied to creative industry revenues.
They also warn that the bill gives the Cabinet Secretary (CS) too much control over key operational decisions like grant criteria and funding approvals, which could open doors to political interference. BAKE proposes that the Creative Industry Council—not the CS—should manage these functions, leaving the ministry with broader policy oversight.
Another gap is the lack of clear mechanisms for coordination between national and county governments. The bill only calls for “cooperation” but provides no operational framework. To address this, BAKE recommends forming an Inter-Governmental Creative Economy Forum to harmonize local and national efforts in creative sector policy and funding.
On the global stage, the Creative Economy Bill mentions international market access but fails to outline specific programs. BAKE wants the law to mandate an International Creative Trade Mission Programme, which would help Kenyan creators showcase their work abroad, form partnerships, and attract investors. They also suggest a legal aid mechanism for dealing with digital piracy and global copyright disputes.
Public Consultation and Transparency
BAKE also criticized the bill’s limited public participation. The Cabinet Secretary has the power to create regulations on key matters like tax incentives and funding criteria without public review. BAKE is calling for a mandatory 30-day public comment period for all proposed regulations to ensure that creative professionals and industry bodies have a real say in shaping the policies that affect them.
The broader message from Kenya’s digital community is clear: the creative economy has already gone digital, and the law must catch up. Kenyan YouTubers, streamers, and influencers are not fringe participants—they are major contributors to the nation’s creative output and global cultural reach.
BAKE’s position is that a YouTuber monetizing content on the Partner Program, a podcaster building an audience through Patreon, or a TikTok creator landing brand sponsorships operates in a completely different business environment than traditional filmmakers or musicians. Kenya’s legal framework must evolve to reflect that reality.
As the bill awaits further parliamentary discussion, the debate underscores a broader truth: Kenya’s creative future lies online, and unless the law explicitly includes digital creators, it risks leaving behind the very innovators driving the country’s cultural and economic transformation.
