An intervention in the regulatory row in Kenya over the recent introduction of Netflix’s video streaming service has been made by ICT Cabinet Secretary Joe Mucheru.
Discussions that will lead to the drafting of regulations for over-the-top (OTT) service providers, which will encourage their presence, have begun, reports The Daily Nation.
The comments follow a difference of opinion by the Communications Authority of Kenya and the Kenya Films and Classification Board (KFCB).
The KFCB says Netflix should apply for a local broadcasting licence to ensure it is subject to Kenya’s film classification system, while the Communications Authority says that as Netflix is an OTT content provider and does not control the transmission of its material, it is impossible to license it locally or regulate its content – unlike a cable TV company.
“Netflix is an over-the-top service provider, and subscribers get its content through streaming. As such, the Communications Authority will not ask them to apply for a licence,” said Francis Wangusi, CEO, Communications Authority of Kenya.
“Should Netflix partner with local providers or avail its content on the digital broadcasting platform where its signals can easily be accessed, then it will be required to adhere to local broadcasting regulations.”
Diffusing the argument, ICT Cabinet Secretary Joe Mucheru said: “We want the businesses of OTTs to actually be based here. There is a huge debate as to whether we will be billing or charging Netflix, and I think OTT should feel comfortable to invest in Kenya.
“The government is responsible for regulation; policy will come from government, then it will be regulated, but this will take some time. Regulators have to wait,” he is reported as saying in The Daily Nation.