Two individuals found themselves in legal trouble over the alleged unlawful distribution of digital copies of the Daily Nation newspaper as police raided their house, apprehending them.
The Kenya Copyright Board (KECOBO), in a statement, confirmed the accused were involved in unauthorised sharing and distribution of digital publications, specifically e-papers belonging to the Nation Media Group.
The accused were apprehended inside what appeared to be a residential apartment in the city, and it is presumed this is where they carried out their operations.
Following their apprehension, the duo was arraigned at the Millimani Law Court, where they faced charges of copyright infringement.
Each accused person was subsequently granted a cash bail of Ksh100,000 or an alternative bond of Ksh500,000. The KECOBO clarified that the case was still active and was awaiting further court directives.
The Copyright Act provides for stringent legal consequences for individuals found to be in contravention of the law as far as the unlawful distribution of material is concerned.
While the digital age has revolutionised how content is created and shared, the revolution has presented a fresh challenge for media houses in safeguarding their intellectual property (IP) since online content is so easily accessible.
In cases where content behind a paywall is published online, it can take mere seconds for unauthorised users to take a screenshot, download or redistribute the content via messaging apps, social media and file-sharing platforms.
“The Copyright Act prohibits the unauthorised reproduction, distribution, or sharing of copyright-protected works, including digital publications,” the Kenya Copyright Board said in a statement on Monday. “Such offences are punishable by apprehension, prosecution, and severe penalties.”
Despite the existence of copyright laws to protect intellectual property, gathering admissible evidence and identifying offenders poses a challenge, hence the recent operation by the NPS and KECOBO.
The unlawful distribution also leads to heavy losses for digital media platforms, since their content, which was primarily meant to be paid for, is distributed in pirated copies, leading to a decline in revenue despite high engagement with their content.
Interestingly, in some cases, offenders who have infringed the Copyright Act are unaware of their crime since they simply forwarded a message they received on social media platforms containing information from a paywall-based news platform.
