This report, titled An Assessment of Artistic Freedom:Kenya, assesses the practices, challenges, and opportunities surrounding the freedom of artistic expression in the country. The report aims to guide the government and other stakeholders in effectively promoting and protecting these rights, benefiting both the creative community and society as a whole.
The research identified relevant laws, stakeholders, and literature for analysis, conducted literature reviews, stakeholder interviews, and analysis, and provided recommendations by identifying gaps in the sector in relation to artistic freedom.
Among the challenges revealed include the incoherence of government policies, leading to an environment of uncertainty for copyright-based industries. Additionally, conflicts among copyright stakeholders remain unresolved due to the absence of legislation on streaming. The study also revealed threats stemming from government powers to enforce prior censorship in film and the failure to operationalize regulations, policies, and laws guaranteeing freedom of access to information. Discriminatory treatment of LGBTQ+ expressions was identified as another significant threat. Furthermore, the research found that artist organisations and industry associations have not effectively advocated for matters promoting the economic status of artists.
To address the challenges identified, the study recommended the creation of robust engagement platforms within the creative industry to unite stakeholders and foster capacity-building initiatives. It also proposed implementing comprehensive entrepreneurship and enterprise development programs, with a particular emphasis on providing practical business skills education to women and youth. Recognizing the significance of education and skills enhancement in sustaining initiatives, the study emphasised the importance of investing in these areas to overcome challenges and promote the growth and success of the creative industry.
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