Kenya: The evolving role of online intermediaries in copyright enforcement: insights from the Draft Copyright and Related Rights Bill, 2025

The Kenya Copyright Act Cap 130 currently provides that an internet service provider (ISP) – an online intermediary – is not liable for infringement arising from access, transmission, routing or storage of content in the ordinary course of business, provided that it acts automatically, does not initiate or modify transmissions, select recipients of the content or promote such content. This article – which first appeared in WTR Daily, part of World Trademark Review, in May 2025 – covers the clearer legal framework around the liability of online intermediaries, including ISPs, introduced by the Draft Copyright and Related Rights Bill 2025. The complete article is available here.