Why Regulation Of Content Creation Is Good For The Industry

In May this year, content creators raised their voices against the planned regulation of content creation, especially touching on videos uploaded on YouTube. It also came at the backdrop of disquiet among creators on the then proposed 15 per cent withholding tax that the government sought to collect from creators.

An event, Meet and Greet convened by Content Creators Gala, brought Kenya Films Commission (KFC) and Kenya Films Classification Board (KFCB), to discuss content regulation and strategies to ensure creators benefits from government facilities and to acquire licenses.

Loise Shalakha, the Kenya Films Classification Board (KFCB) legal officer emphasizes on the need for regulations saying that regulations are not meant to limit creators but to streamline the industry at the time many youth have jumped up to the opportunity provided by video-sharing platforms to monetize their talents.She says the move is to protect children in the digital spaces and adults against incitement content that may surface on these platforms.

Content Regulation

“The regulations that we come up with are very justifiable and reasonable in terms of who we are targeting to protect. Our main target is to protect children and also adults in terms of protecting them against incitement. We are not trying to limit the industry but to ensure an environment that enables it to grow within the law,” she says.

While regulation might prove hard for the relevant authorities, KFCB takes a creators-centered approach, where content creators are urged to classify their own content in order to reach the target audience. Loise says all audio-visual (videos) content has to be classified and rated, that way the right audience can get to know the type of content that they are about to watch. She says they are working with platforms like YouTube, Netflix among other video sharing platforms to help them recalibrate their platforms to have different categories so that creators can easily categorize their work.

“Any audio-visual content has to be considered classified and rated. We have been working with broadcasters and now we are moving to other platforms,” she says. She adds: “We are working with platforms so that they can curate their platform to match our regulations. This would mean the system would classify content according to its category and audience.”

The Chief Executive Officer, Kenya Films Commission (KFC) Timothy Owase emphasizes on the need for collaboration between creators and relevant authorities because each plays a vital role in the improvement of the content creation sector.

“Engaging content creators is very important because it enables us as regulators to work with them and for creators to know what is required of them,” Owase says.

Owase emphasizes also on the need for formalization of digital content creation as businesses so that creators can get value for their work and for all creators to understand their obligations.He says Content creation is a powerful economic tool that if fully exploited, can turn around the economic fortunes of creators. According to him, creators should formalize their work in digital spaces and take their creation seriously as they would for any other businesses, so that they can understand what the law requires of them in the digital spaces.

“Content creation can improve the economic and social well-being of a creator. They should therefore formalize their businesses in digital spaces. By doing so, you will know your obligations because storytelling is fundamental in national cohesion,” Owase says.

Content creation and digital activism 

Comedian and content creator Eric Omondi says that content creation and digital activism is a powerful tool that can build or harm the country. He says he has understood the influence that creators can have and therefore should strike a balance between clout chasing and what they are sharing. He affirms that clout chasing is a great tool for marketing content and for recognition but adds that creators should exercise caution because the same can harm their brands as well.

Read: Tanolope: Bridging Gaps To Ignite Dairy Revolution In Africa

He says that with mobile phones, it has made content creation easy and therefore creators should understand the impact that their work can have.

“I started digital activism in 2015 but people couldn’t understand back then. I have been arrested 15 times because of the same. Creators should understand that what they are doing can go either way. But content creation really pays well,” the comedian-turned activist says.

Training content creators 

Loise says self regulation by creators gives them the much needed knowledge on classification of content. She says they are training content creators on the same and creating awareness.

At the heart of training and awareness is the need to enable creators to self regulate. This, she says, will give creators a chance to operate within the law and ensure a mutual understanding between the creators and Kenya Films Classification Board.

“We also train content creators to ensure that they can understand how to classify their content and create awareness on classification of content. We encourage self regulation so that creators can classify their content in order to reach the target audience. We are also trying to build synergy between KFCB and content creators,” she says.

Reasons for formalization of content creation

Owase says that creators that abide by the current laws and the laws coming will ensure their content is protected. He says some Clauses that govern the industry were enacted many years ago, therefore it does not align with the current content creation and consumption landscape. 

“We are coming up with a creative economy bill and other policies to govern the digital space. Content consumption has changed and we must have new policies for the same,” he says, adding that when creators are accredited, they are given licenses to shoot their content without restrictions.

He says content creation has a huge potential to bring cohesion in the country. With the internet, he says creators can also attract tourists through their content by sharing information about the rich culture that Kenya has. 

“Storytelling is fundamental in national cohesion and marketing the country. It helps share Kenya’s  stories and culture which attracts tourists, and these stories are best delivered by content creators,” he says. 

While content creators have been pointing an accusing finger to the government whenever it tries to bring regulations, yet offers no support for them, Owase says the government is gearing up to set up film hubs across the country to give creators access to editing suits and other requisite facilities.

Film Hubs For Creators

“Government is working to set up film hubs across the country so that creators can access facilities like editing suits because as of now many creators do not have access to facilities to help them with their work. We would like to have the facilities in each ward so that stories can be told from all parts of the country,” he says.

As Artificial Intelligence (AI) takes root in the digital creation sectors, KFC boss is optimistic that AI can help creators to tell stories better, since AI is fast and cost effective. He further urges creators to acquaint themselves with their rights saying that creators who don’t understand their rights may not enjoy the full potential that content creation possesses.

“For a creator to create wealth, he has to understand his rights and any content creator who does not know his rights will not be able to create wealth. In our country we have stories that can be told and sold worldwide,” Owase says.