Kenyan publishers raise concerns of new Books Bill

The draft bill raises the burden on Kenyan publishers by significantly extending legal deposit obligations, now subject to criminal liability. In its submission, the KPA urges policymakers to review the Bill in consultation with industry stakeholders to ensure it supports, not constrains, the growth of Kenya's knowledge economy. Among the key issues raised by KPA, the new requirement for submission of digital copies introduces new compliance obligations that can increase risks of intellectual property breaches and piracy, in addition to a lack of clarity on data protection, storage and access control mechanisms, or guardrails on future uses of a digital repository. Other issues raised by KPA include increased administrative and financial cost burdens on publishers, with smaller publishers and independent authors disproportionately affected, as well as the impacts of overbroad mandatory disclosure requirements limiting flexibility for independent and digital-first publishers and possibly discouraging emerging publishing models.

Calling on the Government of Kenya to support the publishing industry's growth and competitiveness, Kiarie Kamau, President of KPA, said that "the KPA reiterates its commitment to working collaboratively with the Government to develop a regulatory framework that preserves Kenya's literary heritage, protects intellectual property, promotes innovation and investment and strengthens the publishing industry".