In addition, ISP providers who transmit illegally uploaded materials and contents 48 hours after its legal owner has informed them of infringement through a formal takedown request, will be liable to a Sh500,000 fine if found guilty of the offence.
The stated measure and penalties are aimed at addressing widespread and illegal internet-based distribution of copyrighted content in Kenya, are contained in the recently published Copyright (Amendment) Bill, 2017.
“The ISP which fails to take down or disable access when it receives a takedown notice shall be fully liable for any loss or damages resulting from non-compliance to a takedown notice without a valid justification,” the bill states.
The proposed law attempts to mirror that of United States. ISPs such as Wananchi Group, Telkom, Liquid and Safaricom block their customers from accessing websites containing illegally obtained copyrighted material.
ISPs have the right to block users who download illegal movies from the internet or even stream premium sports content same applies to blogs and websites.
“A takedown notice…shall attach an affidavit or any other declaration attesting to claim of ownership…and setting out any efforts to have entities responsible for making the content available to remove the content,” the bill states.
“Any person who falsely or maliciously lodges a takedown notice or a counter notice commits an offence and shall, upon conviction, be liable to a fine not exceeding Sh500 or to imprisonment for a term of five years, or to both.”