The Role of Kenyan Government in Video-on-Demand Regulation: A Case Study of the Kenya Film Classification Board

Abstract

Consumption of Video on Demand (VoD) content in Kenya has been on the rise for the past few years fuelled mainly by good internet connectivity and availability of hand-held mediated communication devices. Consumption of this kind of content spiked during Covid-19 Pandemic due to containment measures which restricted movement of people. The study looked, in details, at the role played by the Kenya Film Classification Board (KFCB) in this new frontier of media regulation. The study focused on aspects of regulation such as strategies employed or that are still at the formulation stage to regulate the sector, the current regulatory frameworks that Kenya is implementing in reference to the sector and various VoD platforms operating in the country, both local and foreign and their monetization models. The researcher adopted a mixed method, combining  survey and in-depth  interview to generate both quantitative and qualitative data. For the Survey, a sample size formula calculator was used to achieve a sample of 357 film producers from a target population of 5,000. A management representative from respondent for KFCB was selected using purposive sampling to be interviewed for insights on the research topic. The research engaged a two-way ANOVA technique and the results summarized and analysed in terms of types of regulations, policy and strategy frameworks engaged and monetization models. Being a study on media regulation,  the Authoritarian Theory of mass  media  was used. The findings of this research will be significant in informing policy, not only in Kenya, but also within the African continent where such audio-visual regulatory challenges are a commonplace. The harmonization of content regulation in Africa debate is running concurrently with the narrative of creating a borderless Africa under the aegis of the African Continental Free Trade Area (AfCFTA). In view of this, this research will help Kenya,  the region’s economic hub,  to  craft a strong memorandum to table at AfCFTA and argue its case on why harmonized content regulation is important in the wake of the envisaged borderless and digitized continent. Monetization models highlighted will help operating VoD platforms and aspiring start-ups in Kenya to ascertain the best monetization model to  adapt in order to reap maximum commercial benefits from the business. To scholars, this research will help in unearthing new knowledge in the world of audio-visual content regulation in the era of internet. The study recommends an urgent need for review of the existing VoD regulatory policies to be in tandem with the changing regulatory environment fuelled by the internet and a robust engagement with key stakeholders that KFCB regulates. The study also recommends further research on the interconnectedness of consumption of VoD content by young people and cultural imperialism. The research concludes by highlighting legislative gaps in the current laws on film regulation in Kenya to match the changes brought  by VoD consumption.