Creators of films, television shows and digital programmes could soon face a new layer of State control, with a proposed law giving a regulator authority to demand the removal of content from streaming services and online platforms.
The powers are contained in the Creative Economy Bill, 2026, which proposes a major change to how Kenya’s creative industry is regulated.
The Bill seeks to establish two new institutions to manage different areas of the sector. One of them, the proposed Kenya Audio-Visual Regulatory Authority, would take charge of regulation and classification, including deciding how audio-visual works should be rated.
The second body would be the Kenya Audio-Visual and Cinema Commission, whose main role would be to support, promote and develop the creative industry.
The proposed law is sponsored by the National Assembly Sports and Culture Committee, chaired by Webuye West MP Dan Wanyama.
If passed, it would repeal the Films and Stage Plays Act and introduce a new legal framework covering a much wider range of creative content.
The proposed regulatory authority would have the power to issue orders requiring content to be taken down where it is considered prohibited, has not been classified or goes against any written law.
Clause 24 of the Bill states that the authority may “issue take-down orders where audio-visual works are prohibited or unclassified, or contravene any written law”.
The proposed powers would not be limited to films shown in cinemas or programmes aired on television.
They would also apply to material available through streaming services, online outlets and digital platforms. The Bill specifically brings areas such as animation, gaming and reality programmes within the scope of the proposed system.
“The authority shall have all the powers necessary for the performance of its functions under this Act,” the Bill states.
Apart from ordering content to be removed, the regulator would set ratings for audio-visual works and put in place systems allowing players in the industry to classify their own material.
It would also be able to punish breaches of the proposed law through administrative penalties.
Other powers outlined in the Bill include suspending or cancelling licences, imposing financial penalties and directing the closure of entities that fail to comply with the requirements.
However, the proposed legislation leaves open questions about exactly what type of material would be treated as prohibited.
Rather than providing a detailed definition, the Bill says content should be classified using considerations such as the age of the intended audience, cultural factors and public interest.
This has created concern that the regulator could have wide freedom when deciding which films, programmes and other digital works Kenyans are allowed to view.
Law firm Otachi Orina and Advocates has warned that the extent of the proposed powers could create room for excessive State control if proper safeguards are not put in place.
“The broad regulatory powers granted to authorities, such as take-down orders and licence revocations, could risk overreach if not carefully checked,” the firm said in a digest on the proposed law.
The lawyers also pointed to possible weaknesses in the Bill concerning intellectual property rights.
According to the firm, the proposed system does not deal adequately with the protection of ownership of creative works, which could leave gaps in safeguarding creators and their material.
The proposed legislation also does not clearly set out how a creator would challenge a decision ordering the removal of their work.
The absence of a clear appeal process has raised another concern for creators whose films, programmes or other audio-visual works could be subjected to take-down orders under the new framework.