Opposition to the Creative Economy Support Bill, 2024: Safeguarding Creative Freedom, Economic Empowerment, and Integrity
As stakeholders in Kenya’s vibrant creative industry, we recognize the importance of legislative support for our sector. However, the Creative Economy Support Bill, 2024, in its current form, poses significant risks that could undermine the very creativity and innovation it aims to nurture. Below are our key critiques, directly addressing specific clauses and referencing the rights enshrined in the Constitution of Kenya 2010:
1. Government Overreach and Censorship (Clause 27):
The bill grants extensive regulatory powers to the Cabinet Secretary responsible for trade, allowing for the creation of regulations that could severely limit creative freedom. This broad discretion risks censorship and suppression of dissenting voices within the creative industry. Article 33 of the Constitution of Kenya 2010 guarantees the right to freedom of expression, including artistic creativity. The bill, as it stands, threatens this fundamental right.
2. Lack of Transparency and Accountability (Clauses 20, 22):
The establishment of the Creatives Fund and a credit guarantee scheme is commendable. However, the bill lacks robust mechanisms for ensuring transparency and accountability in the management of these funds. Without independent oversight, there is a high risk of corruption and misallocation of resources. Article 10 of the Constitution emphasises national values and principles of governance, including transparency and accountability. The bill must be revised to include stringent oversight mechanisms to align with these constitutional principles.
3. Potential for Misuse of Security Agencies (Clause 4):
The requirement for an online platform where creatives can publish events and current affairs, while seemingly beneficial, could be misused for surveillance and intimidation. This clause could lead to self-censorship among creatives. Article 31 of the Constitution guarantees the right to privacy, including the right not to have one’s private affairs unnecessarily required or revealed. The bill must ensure that this online platform is used solely for its intended purpose and not as a tool for surveillance.
4. Inclusivity and Representation (Clauses 6, 8):
While the bill aims to ensure representation from various creative sectors, it may not fully address the diversity within these sectors. Smaller or emerging sub-sectors might find it challenging to have their voices heard and needs met. Article 27 of the Constitution guarantees equality and freedom from discrimination. The bill should be revised to ensure fair representation and inclusivity of all creative sub-sectors.
5. Enforcement and Compliance (Clauses 7, 24):
The protection of intellectual property rights is crucial for the creative industry. However, the bill’s enforcement mechanisms depend heavily on cooperation between various stakeholders, which may not always be forthcoming. Article 40 of the Constitution protects the right to property, including intellectual property. The bill should provide clear, enforceable mechanisms to protect these rights effectively.
Conclusion:
While the Creative Economy Support Bill, 2024, may be well-intentioned, its current form presents significant risks to the creative industry.
True support lies in enhancing the freedoms that allow creativity to thrive, and not legislating such freedoms away into a cesspool of corruption and favouritism. And, at this point, the focus must be on purging the already-innumerable agencies that exist of corruption and ineptitude, to enable them properly perform their functions.
Support for the creative economy MUST be done in a manner true to incorporating safeguards for transparency, accountability, holistic inclusivity, and artistic freedom. By aligning the bill with the rights and principles enshrined in the Constitution of Kenya 2010, we can ensure that it genuinely supports and enhances our creative economy.