Aimed at regulating content from ISPs, as well as that of gaming applications, Video on Demand (VoD) and Over the Top (OTT) services, the Kenyan government is backing up new legislation. KFCF (Kenya Film and Classification Board) drafted the proposed Film, Stage Plays, and Publication Act 2016, which expects ISPs not to host or distribute material not certified and classified by the board.

According to the legislation, ISPs must:

• Take reasonable steps to prevent the use of their services for hosting or distributing pornography, radicalization materials, glamorization of the use of drugs and alcohol, hate speech and demining any religion and community, and
• Report all persons maintaining, hosting or distributing all content reasonably suspected to violate this Act.

Not complying with these requirements, ISP’ would be fined up to Kshs 2 million (US$20,000) or a term of imprisonment not exceeding two years or both.

Adult Service Providers who want to produce, host and distribute content from the country, including adult web hosting companies, could be affected.