Films, television programmes and online content deemed prohibited or inappropriate could be pulled down under a proposed law.
The proposed law would give a new state regulator powers over the creative industry.
The Creative Economy Bill, 2026, proposes the creation of two institutions to oversee the sector, including one with powers to order the removal of audio-visual content from streaming platforms, online outlets and digital media.
The Bill, sponsored by the National Assembly Sports and Culture Committee chaired by Webuye West MP Dan Wanyama, seeks to repeal the Films and Stage Plays Act and replace the existing regulatory framework.
It proposes the establishment of the Kenya Audio-Visual and Cinema Commission, which would promote and develop the creative sector, and the Kenya Audio-Visual Regulatory Authority, which would oversee regulation and classification.
It is the proposed authority that has raised concerns over the extent of state control over creative content.
Clause 24 gives the authority power to “issue take-down orders where audio-visual works are prohibited or unclassified, or contravene any written law”.
The provision extends beyond traditional cinema and television to cover streaming platforms, online outlets and digital content, including animation, gaming and reality programmes.
“The authority shall have all the powers necessary for the performance of its functions under this Act,” the Bill states.
The regulator would be responsible for prescribing ratings for audio-visual works, establishing mechanisms for self-classification and imposing administrative penalties on those who breach the law.
It would also have powers to suspend or revoke licences, impose monetary fines and order the closure of non-compliant entities.
The Bill, however, does not provide a detailed definition of what constitutes prohibited content.
Instead, it proposes that content be classified on the basis of factors including age suitability, cultural considerations and public interest.
This has raised concerns that the regulator could be left with broad discretion to determine what Kenyans can watch or access.
“The broad regulatory powers granted to authorities, such as take-down orders and licence revocations, could risk overreach if not carefully checked,” law firm Otachi Orina and Advocates said in a digest on the proposed law.
The firm also raised concerns that the proposed framework does not adequately address intellectual property rights, potentially leaving gaps in the protection of ownership of creative works.
Another concern is the absence of a clearly spelt-out appeal mechanism for creators whose works are subjected to take-down orders.
This could leave the regulator exercising the roles of investigator, decision-maker and enforcer, with limited safeguards for creators challenging its decisions.
Supporters of the framework are likely to argue that stronger regulation is necessary to protect children from harmful content, safeguard cultural values and maintain public order as more Kenyans consume content online.
However, the proposal comes against a history of legal battles over attempts by the state to control media and digital content.
The current film regulatory framework is anchored in the Films and Stage Plays Act, which gives the Kenya Film Classification Board powers over the classification and regulation of films and other audio-visual content.
The board has previously faced criticism over some of its decisions.
In 2018, it banned the award-winning film Rafiki over its portrayal of a same-sex relationship.
The ban was later overturned by the courts, which allowed the film to be screened in Kenya for a limited period to enable it to qualify for consideration for an international film award.
The proposed legislation seeks to bring newer forms of content under a single regulatory framework.
The existing law is said to fall short in regulating online streaming and user-generated content, posing challenges in controlling content on YouTube, TikTok and other digital services.
The proposed authority would also prescribe licensing regulations, guidelines and classification mechanisms for audio-visual works.
Beyond regulation, however, the Bill contains measures intended to support creatives and address some of the challenges facing the industry.
It proposes a voucher system through which the government would provide direct support for training, equipment and marketing.
The scheme is intended to help creatives access the resources needed to develop and commercialise their work.
The Bill also seeks to address the exploitation of artists through what it describes as “questionable contracts”, a long-standing complaint in the country’s creative sector.
Parliament is expected to consider the proposed law after the current short recess, which is slated to end on September 29.
INSTANT ANALYSIS
The proposed Creative Economy Bill could mark a major shift in Kenya’s content regulation, giving the state sweeping powers to remove digital works.
While aimed at protecting audiences, the Bill’s broad powers and weak appeals mechanism could threaten creative freedom and spark fresh censorship fears.
