The Bloggers Association of Kenya has notified lawmakers that the Creative Economy Support Bill 2024 needs a serious digital upgrade.
BAKE released a detailed critique of the proposed legislation, arguing that while the bill takes important steps toward formalizing Kenya’s creative sector, it’s stuck in a mindset of the past.
The problem isn’t what the bill includes but what it overlooks: the massive community of YouTubers, podcasters, TikTokers, and online influencers driving much of Kenya’s creative economy today.
The bill’s current definition of “creative industry” mentions video, film, photography, gaming, animation, and web design. But it stops short of explicitly naming digital content creators and the platforms they work on.
BAKE wants the legislation to specifically recognize “digital content creation” as its own category, covering everything from social media content to streaming to e-sports and creator-led commerce.
Without explicit recognition, digital creators might find themselves in a gray zone when it comes to accessing government support, funding, and legal protections that the bill promises.
The IP Problem
Content creators face a different set of intellectual property challenges than traditional artists. A musician might release an album once a year. A YouTuber publishes multiple videos weekly, each potentially vulnerable to theft, unauthorized reuploads, or bogus copyright strikes.
BAKE wants the Creative Industry Council to establish fast-track IP registration specifically designed for the speed of digital publishing.
They’re also pushing for specialized legal support to help creators deal with cross-border copyright infringement and the weaponization of DMCA takedown notices, where bad actors file false claims to silence competitors or critics.
Traditional IP registration processes, designed for books and patents, simply don’t work for someone producing daily content.
Who Gets to Decide?
The bill establishes a Creative Industry Council Board with dedicated seats for representatives from film, music, fashion, and literary arts. BAKE, however, noticed that there’s no guaranteed seat for digital content creators.
As such, they want a specific board position for someone representing independent digital creators and online platforms. The argument is that digital creators operate in a fundamentally different business environment than traditional filmmakers or musicians.
They need someone at the decision-making table who understands algorithm changes, platform monetization policies, and cross-border payment issues.
Content creation requires serious capital. Cameras, computers, lighting, microphones, editing software, and constant equipment upgrades add up quickly. BAKE wants explicit tax incentives for purchasing and maintaining digital production equipment and software.
READ: BAKE Awards 2025: Submissions Open for Kenya’s Digital Creators
They’re also pushing for special tax relief for micro-enterprises earning revenue from foreign platforms like YouTube’s Partner Program or Patreon. Many Kenyan creators earn in dollars or euros but face complex tax situations that don’t account for the unique nature of platform-based income.
Beyond equipment, BAKE also wants training programs that go deeper than basic business skills. They’re calling for advanced education in platform-specific optimization, algorithm management, and diversifying income through sponsorships, affiliate marketing, and membership models. These are the actual skills that determine success on platforms like YouTube, TikTok, and Twitch.
The Bigger Problems
BAKE’s recommendations extend beyond digital-specific issues to fundamental structural concerns with the bill. The proposed Creative Fund lacks a stable revenue source, relying instead on government appropriations and donations.
BAKE suggests introducing a small mandatory levy on commercial creative consumption, like event tickets or streaming subscriptions, to create a predictable funding stream tied directly to industry activity.
They’re also worried about power concentration. The Cabinet Secretary currently has enormous control over operational decisions like grant criteria and funding schemes.
BAKE wants these day-to-day powers transferred to the Creative Industry Council Board, leaving the CS with policy oversight while reducing the risk of political interference and bureaucratic bottlenecks.
The bill mandates cooperation between national and county governments but provides no actual mechanism for coordination. BAKE proposes a standing Inter-Governmental Creative Economy Forum to ensure counties and the national government actually align their efforts instead of just being told to work together.
On international markets, the Creative Economy Bill mentions supporting market access and trade but offers no concrete programs. BAKE wants the Council required to establish an International Creative Trade Mission Programme and create a legal aid mechanism specifically for cross-border IP disputes and digital piracy.
Finally, BAKE noticed that the Cabinet Secretary can make regulations on critical issues like fiscal incentives without mandatory public consultation.
They want a required 30-day public review period for all proposed regulations, ensuring the people actually working in the creative economy have a say in the rules that will govern them.
The digital creative economy is now the present. Kenyan creators are already earning international income, building audiences across borders, and competing in a global marketplace. The question is whether the legal and support infrastructure will catch up to the reality these creators already live in.
BAKE’s recommendations essentially ask lawmakers to recognize that a YouTuber earning revenue through the Partner Program faces fundamentally different challenges than a traditional filmmaker seeking distribution deals, and that a podcaster building a Patreon subscriber base operates in a different universe than a gallery artist.
