Court rules against licensing fee for social media video uploads

High Court has ruled that that government demands for licensing fees for uploading videos on social media platforms are unconstitutional and unenforceable under current law.

The case involved Eldoret musician William Getumbe who was served with an invoice of KSh.243,200 filming license under Sections 4 and 12 of the Film and Stage Plays Act.

In the case, the respondents argued that the Petitioner was required to obtain a filming license and submit the videos for classification and approval before public display.

However, the Court found this interpretation to be “ludicrous” and “impractical” in the modern era, where anyone with a smartphone can record and share videos on social media instantly.

“In this day and age,” the Court stated, “the requirement that all persons desiring to record any audiovisual film for public display must obtain a licence… can only be implemented more in breach than in compliance.”

The judgment emphasized that enforcing such rules on all social media users would result in a massive, unmanageable burden on both the public and the KFCB, and would amount to an “unwarranted intrusion of one’s privacy.”

The Court acknowledged that while the intent behind the Film and Stage Plays Act—to protect vulnerable groups, such as children, from harmful content—remains valid, the methods used by the KFCB to enforce these objectives are now outdated.

Specifically, the Court noted that existing legal provisions do not adequately account for modern platforms such as YouTube, Facebook, Instagram, TikTok, and other Over the Top (OTT) and Video on Demand (VoD) services.

“It is ridiculous to expect the 1st Respondent to enforce the requirement of examining, approving, classifying and rating all those videos,” the court stated.

As a result, the demand for licence fees from the Petitioner was declared null and void.

The court concluded that unless the government updates the legal framework to reflect digital realities, any attempt to enforce current licensing requirements will be arbitrary and unlawful.