The global voice for consumers La voix des Consommateurs à travers le monde La voz global para la defensa de los consumidores

Kenya Country report for CI Regional Meeting on A2K Emma Wanyonyi Project officer, Consumer Information Network 23 April, 2009

Summary of issues of concern to consumers in Kenya Cost and availability of learning materials (books, journals, newspapers, internet facilities) Concentrated in urban centres Outdated material in most public libraries Expensive text books No libraries in public primary schools Constant changing of syllabus (in formal education system) thus difficult to reuse Free primary education relatively increased access Only 5 of the top 11 scientific institutions in Kenya have access to scientific information databases; two did not have internet access. Survey by UN library, Nairobi, 2007

issues Restrictions on copying for personal use Owners of commercial photocopying bureaus required to acquire licences- books magazines and other copyright material from a collective management organization Unfair to consumers -No exemption for educational purposes or personal use/non- commercial use -Affects non- copyright material -The poor most affected- no access to personal copiers in the home or office CIN intervention

Issues cont… Availability of content in local languages Minimal- religious material with support from donations and societies FM radio stations (threat of deregistration) Increasing content in Swahili in radio and tv Pay TV- Hindu etc

Issues cont… Needs fulfilled by black or grey markets Use “counterfeit" software is rampant- software piracy stands at over 80% with software companies losing upto USD 12 million annually Software companies working with copyright board

Kenya’s intellectual property regime IP conventions that Kenya has signed 1.TRIPS 2.The Berne Convention for Literary and Artistic works - Member of the WIPO and ARIPO, but not acceded to Performances and phonograms Treaty (WPPT) and the Copyright Treaty (WCT), however has incorporated relevant provisions in the copyright Act

Enforcement of IP conventions Trade Marks Act Cap 506 Trade Descriptions Act Cap 505 Industrial Property Act, 2001 Anti- counterfeit Act Copyright and Related Rights Act stronger administrative structures and enforcement mechanisms- e.g. KOPIKEN and MCSK - Establishes copyright Board under office of the AG- administration of all matters of copyright and related rights

Roles of copyrights board Direct/ co- ordinate and oversee implementation of law, international treaties and conventions; and ensure observance thereof License and supervise the activities of collective management organizations Update copyright legislation Public awareness creation Maintain databank of authors and publishers in Kenya Administer anti- piracy security device Enforce copyright and related rights

Enforcement IPR enforcement Unit- established in 2006 Inspectors appointed under sec 39 of the Act Police officers attached to the board- investigate criminal copyright infringement cases handed over to prosecutors Prosecutors appointed to deal with copyright cases

Works eligible for copyright and terms Type of work -Literary, music and other works other than photographs -Audio-visual works and photographs -Sound recordings -Broadcasts Date of expiration -50 years after end of year which author dies -50 years from end of year in which the work was either made, made available to public or 1 st published -50 years after the end of year which the recording was made -50 years after end of year which the recording was made

Kenya IP regime bilateral trade agreements on IP AGOA that sets protection of intellectual property as an eligibility criteria US 301 Watch List301 Watch List No submission for 2009 report, but has in previous years- 2003, 2005, 2006 Special mention in 2006 report due to “…rampant piracy for all sectors and a Kenyan Government system that is unwilling to address the problem” Issues: -Inactive copyright Board -Pirate goods -Duplicating facilities and internet cafes using unlicensed products and providing piracy services -Lack of a counterfeit goods Act -Treat offenders seriously e.g. by combining offences in criminal charges -Enforcement challenges

IP regime cont.. Awareness of IP alternatives Relatively; Within specific sectors such as the cyber cafes most of which use open source- based systems such as mozilla. Limited within the general public

Other communications rights in Kenya Evidence that communication (internet access and ) may be monitored Prolonged protection of the monopoly enjoyed by Telkom Kenya on internet backbone bandwidth services Attacks on media as they were ‘…about to publish…’ Mobile Phone calls and sms are monitored ‘….for security reasons…’ and regularly used by the police Mobile phone companies offering internet and services- possibility of monitoring Law gives government right to monitor for ‘security reasons’

Communication rights cont… Access to government information Not open Outdated websites General material Civil service secrets Act

Privacy and data protection laws 1.The constitution- Article 79 states that ‘…no person shall be hindered in the enjoyment of his freedom of expression… freedom to hold opinions… freedom to receive ideas and information…freedom to communicate ideas and information…and freedom from interference with his correspondence.' 2.Electronic transaction Act, Information and Communications Act, 2008 Proposals for adoption of harmonized cyber laws within East Africa- for establishment of e-governance and e- commerce programs- to cover data and network security, cyber crime, and electronic transactions

Government policy and software interoperability and open standards? No clear policy on this

Access to the Internet in Kenya Penetration of broadband, fixed-line and mobile Internet services Telkom monopoly on internet backbone and bandwidth services ended in 2004 Currently, 72 ISPs, about half are operational and active- still limited spread, high cost ADSL and wireless broadband technologies introduced- most of these still favour the rich

Access to internet VoIP internet telephony liberalized- reduced cost of long distance calls User growth- from 200,000 (0.7% penetration) in 2000 to 3,000 (7.9%) in 2008 CCK considering conducting comprehensive internet usage study to confirm real numbers Variance in costing systems- time vs. data size Source: Kenya Telecommunications report; International Telecommunications Union

Access to internet cont… Laws or policies that impact on Internet access Electronic transaction Act, 2007 Kenya Communications Act, 2008 Do ISPs treat all content equally? No differential costing

Access to Internet Notable deficits in infrastructure, skills or content No law to compel ISPs to ensure efficiency/ speed Poor infrastructure Limited to urban areas Dependant on other factors such access to electricity Over- reliance on specific sources (e.g. ADSL vs. wireless, WI-FI)

Conclusions Why has CIN joined CI's Global Consumer Dialogue on A2K issues? - Share and learn - Inform on national advocacy activities around IP and access - Be part of the global voice for increasing access to knowledge What do consumers in your country most need to get out of this project? - information/ awareness on their rights, roles and responsibilities - Improved IP regime- increased access to information

Conclusions… How do you propose to contribute to our activities? - Participate in the consumer survey on barriers to Access to knowledge - Information and expertise sharing - Joint lobby How can CI help you? - provide platform for sharing with other actors around the world - Help in fundraising for our activities - Provide expertise when required

Thank you!