The High Court has affirmed the Kenya Film Classification Board’s (KFCB) authority to regulate content published on social media platforms, including TikTok, YouTube, and Facebook, marking a significant legal win for the state agency.
The court said the KFCB’s mandate to safeguard cultural and moral values extends to the digital space.
According to the Nation. Africa, the court also deemed the blanket requirement that all audio-visual content meant for public consumption be reviewed and approved by the KFCB beforehand as “impractical” and “an unwarranted intrusion into personal privacy.”
“In these contemporary times, when anyone with a smartphone can record a video and upload it to social media for public access, it is ridiculous to expect the Board to enforce the requirement of examining, classifying, and rating every such video or to demand licence fees before filming and uploading amateur content,” said Justice Mugambi in his judgment.
The ruling came in response to a petition filed by Eldoret-based gospel singer and content creator William Getumbe Kinyanjui.
Mr Getumbe had contested the KFCB’s decision directing him to remove two of his music videos from YouTube, which the Board had found to be in breach of classification standards. Getumbe argued that the Films and Stage Plays Act, under which the KFCB operates, was not intended to regulate personal or amateur videos uploaded to social media.
He contended that his recordings, shot on a smartphone and shared across platforms like Facebook, TikTok, and YouTube, should not be subject to the same standards as commercial film productions.
He further challenged a KFCB demand for Sh234,200 in licence fees and sought court orders to prevent the agency and its CEO from engaging social media companies in efforts to take down or block his content.
But in his ruling, Justice Mugambi dismissed the petition, stating that the law applies to all forms of audio-visual content, regardless of whether the creator is an amateur or professional, or whether the platform is traditional media or digital.
“As for the prayer that the Films and Stage Plays Act does not grant KFCB powers to regulate social media activities, this claim is untenable. The regulation applies to any audio-visual recording available for public exhibition,” he said.
The judge, however, acknowledged the rapidly evolving digital landscape and the challenges it poses to regulators. By striking down the requirement that all public videos be pre-approved, he sought to balance regulatory oversight with freedom of expression and technological realities.
The ruling is expected to shape how content regulation unfolds in Kenya’s increasingly digital society, where millions of citizens create and consume videos daily.
KFCB is yet to respond formally to the ruling, though analysts say it strengthens the agency’s standing while offering some relief to digital creators.
By Kimani Mwangi