Kenya is preparing to tighten its fight against online piracy, with a proposed copyright law that would allow courts to order internet service providers to block websites illegally livestreaming sports, concerts, and other entertainment events.
A draft was published by the Kenya Copyright Board for public comment in March, introduces new rules that would allow courts to direct ISPs and online platforms to restrict access to websites hosting pirated streams.
The proposal focuses strongly on live broadcasts, where delays in enforcement can wipe out the value of broadcast rights. By the time an illegal stream is removed, the event may already be over. To address this, the bill introduces site-blocking powers and a formal notice-and-takedown framework aimed at curbing piracy that has expanded alongside the growth of streaming platforms.
Under Part X of the bill, which deals with the liability of online intermediaries, courts could issue blocking orders requiring internet service providers to restrict access to domains distributing copyrighted content without permission. The provision specifically targets piracy during live events, where rapid enforcement is critical.
The bill states that courts could grant “site-blocking orders for online infringement, including for live events and other time-sensitive content.”
This would allow broadcasters and rights holders to seek urgent court orders to disable access to websites or servers streaming events illegally. Pirated livestreams often spread quickly across mirror sites and social media platforms, making them difficult to control under existing copyright rules.
The draft law also introduces a notice-and-takedown system similar to those used in the United States and Europe. Platforms that host user-generated content would be required to remove or disable access to material identified as infringing once they receive a valid complaint.
Users accused of infringement would still have the right to dispute the claim by filing a counter-notice. If they do so, the platform could restore the content unless the complainant chooses to pursue legal action.
Online intermediaries that comply with the process could qualify for “safe harbour” protection, shielding them from liability for infringing content posted by users. However, platforms that ignore valid notices or court-ordered blocks could face legal consequences.
Broadcasters and content owners, including MultiChoice, have long argued that piracy especially of live sports undermines revenues from costly broadcast rights and subscription services. Illegal streams of major football leagues and pay-TV events circulate widely across websites and messaging platforms like Telegram, often attracting thousands of viewers within minutes of going live.
If enacted, the bill would replace the Kenya Copyright Act of 2001, a law introduced before the rise of modern streaming platforms and large-scale digital piracy. It also updates rules governing online platforms, digital royalty distribution, and copyright enforcement as Kenya moves to modernise its intellectual property framework for the digital era.
