EIFL KLISC joint comments on Kenya ISP liability proposals

In October 2015, EIFL and KLISC submitted comments to the Kenya Copyright Board on proposals aimed at curbing online piracy

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ABOUT THE RESOURCE

TYPE:
Position paper & statement
DATE:
October 2015
DOCUMENT LANGUAGE:
English
OTHER LANGUAGES:

In September 2015, the Kenya Copyright Board invited stakeholders to comment on draft proposals to provide web blocking measures in cases of online copyright infringement. On 9th October 2015, EIFL submitted joint comments with the Kenya Library and Information Services Consortium (KLISC).

While the amendments in general appear to properly balance the competing interests of rights holders, service providers, and the public, there are serious problems with two provisions: the requirement to disable access to the allegedly infringing material within 36 hours, and the imposition of harsh criminal and civil penalties just because the service provider does not disable access upon receiving a notice from a rightsholder.