The Bloggers Association of Kenya (BAKE) has urged lawmakers to modernize the Creative Economy Support Bill 2024, warning that the proposed law risks leaving out the country’s rapidly growing community of digital content creators. In a detailed critique, BAKE argued that while the bill is a step forward in formalizing Kenya’s creative sector, it remains anchored in an outdated framework that ignores today’s digital realities.
Currently, the bill defines the “creative industry” to include film, video, gaming, animation, and web design, but fails to mention YouTubers, TikTokers, podcasters, or online influencers who dominate Kenya’s modern creative landscape. BAKE insists that “digital content creation” must be explicitly recognized as its own category, encompassing social media production, streaming, e-sports, and creator-led commerce. Without this recognition, digital creators risk exclusion from government funding, legal protections, and formal recognition within Kenya’s creative economy framework.
The Intellectual Property Challenge
BAKE highlighted that digital creators face unique intellectual property (IP) vulnerabilities. Unlike musicians or authors who release content infrequently, YouTubers and influencers publish new material several times a week each piece potentially exposed to unauthorized reuploads, plagiarism, or fake copyright strikes.
The association has called for fast-track IP registration systems suited to the speed of digital publishing. It also recommends the establishment of specialized legal support to address cross-border copyright disputes and the misuse of DMCA takedown notices, a growing problem where bad actors weaponize copyright claims to suppress competition.
Traditional IP systems designed for books or patents, BAKE argues, are too slow and ill-suited for creators producing high-frequency online content.
Representation and Inclusion
The proposed Creative Industry Council Board currently allocates seats to representatives from film, music, fashion, and literature, but not for digital creators. BAKE has demanded that at least one board seat be reserved for independent online content creators, arguing that their challenges—ranging from algorithm changes to platform monetization and cross-border payments—are fundamentally different from those in traditional arts.
They are also calling for tax incentives on equipment purchases like cameras, computers, microphones, and editing software, all essential tools for digital creators. Furthermore, BAKE proposes tax relief for micro-enterprises earning income through global platforms such as YouTube Partner Program or Patreon, where creators are often paid in foreign currencies but taxed under outdated systems that fail to account for digital income.
Beyond taxation, the group emphasizes the need for advanced training programs focusing on platform algorithms, sponsorships, affiliate marketing, and content monetization, saying these are the real skills that define success in the digital era.
Structural Reforms and Funding
BAKE’s critique extends to the bill’s Creative Fund, which currently relies on government allocations and voluntary donations. The group suggests introducing a small levy on creative consumption, such as streaming subscriptions or event tickets, to generate a stable and self-sustaining source of revenue.
They also caution against excessive control by the Cabinet Secretary (CS), who currently has the power to make key operational decisions. BAKE wants these powers delegated to the Creative Industry Council Board to prevent political interference and ensure that creative stakeholders retain decision-making authority.
To improve coordination between national and county governments, BAKE proposes establishing an Inter-Governmental Creative Economy Forum, designed to streamline implementation and cooperation across regions.
In the global context, the association also recommends creating an International Creative Trade Mission Programme and a legal aid system for cross-border IP disputes, enabling Kenyan creators to defend their content and access foreign markets more effectively.
Finally, BAKE demands mandatory public participation before any new regulations are enacted under the bill. They propose a 30-day public review period to ensure that all creatives—especially digital creators—can contribute feedback on rules that affect their livelihoods.
The Need for a Digital Shift
Kenya’s digital creative economy has evolved far beyond traditional boundaries. From vloggers earning through YouTube AdSense to podcasters building Patreon communities, digital content is now a core driver of the national creative industry.
BAKE’s recommendations remind policymakers that the digital creator of today faces challenges unlike those of filmmakers or musicians. The association’s push for reform is not just about inclusion—it’s about updating Kenya’s creative policy to match the digital realities of the 21st century, ensuring that innovation, opportunity, and protection extend to everyone shaping Kenya’s creative future online.
READ MORE: How to Become an Interior Designer: A Step-by-Step Guide
