Zuku, operated by Wananchi Group Limited, has been fined Sh7.2 million for illegally broadcasting the Kenyan film Pwagu without the necessary permissions. This development follows a legal dispute initiated by Kadi Media Limited and filmmaker Diana Mbogo, who accused the broadcaster of copyright infringement.
The complainants alleged that Zuku aired their film on its TV platform without obtaining a valid license or prior consent. In response, they sought an injunction to prevent further unauthorized broadcasts, alongside claims for special damages amounting to Sh2,217,951, general damages, and legal costs.
The legal process began in earnest after a High Court order issued in November 2024 transferred the matter to the Copyright Tribunal. Zuku initially contested the tribunal’s jurisdiction, but a subsequent ruling confirmed its authority to hear the case, citing the provisions of the Copyright Act and the Constitution.
Kadi Media submitted compelling evidence to support their claim, including certification documents from the Kenya Copyright Board and the Kenya Film and Classification Board, which confirmed their ownership of the film’s literary and audio-visual rights. Zuku admitted to having aired Pwagu but argued that they obtained the content from Sparks Corporate Solutions Limited, a third-party provider that had guaranteed the content was free of any legal encumbrances.
However, this defense was undermined by the tribunal’s findings. The tribunal determined that the agreement between Zuku and Sparks Corporate Solutions was both unsigned and undated, rendering it legally ineffective. This lack of a proper contract raised questions about Zuku’s diligence in verifying the legitimacy of the content they aired. Further undermining their case were minutes from a June 2024 meeting, which revealed that Zuku knowingly broadcast content that had not been approved, directly contradicting their claims of unawareness.
The tribunal found that Zuku had violated Section 35 of the Copyright Act by broadcasting Pwagu without a valid license or rights assignment from Kadi Media. Despite receiving a cease-and-desist letter in May 2024, Zuku continued to air the film and dismissed the claims as defamatory. The tribunal ruled that this demonstrated knowledge of the copyright claim and a deliberate decision to ignore it, disqualifying Zuku from the protection offered to unintentional infringers under Section 35(5)(b) of the Copyright Act.
In determining the penalties, the tribunal cited prior legal precedents, including Kimani v Safaricom Limited (2015) and Royal Media Services Limited v John Katana (2019), to establish the legitimacy of compensating rights holders for both quantifiable and intangible losses. Kadi Media was awarded Sh2,217,951 in special damages to cover the production and administrative costs related to the film. The tribunal also awarded Sh5 million in general damages to reflect the broader harm caused by the unauthorized airing of Pwagu to Zuku’s large viewership base.
The ruling emphasizes the importance of proper due diligence when broadcasting third-party content and sets a precedent reinforcing the rights of local content creators against unauthorized commercial exploitation.
