Legal Blow to Blank Tape Levy: High Court Halts Its Implementation

In a recent legal twist, the High Court in Nairobi has cast a shadow over implementing the Blank Tape Levy, a controversial tax introduced by the Kenyan government on September 11. This levy, affecting the sale of various blank media and electronic devices like CDs, DVDs, USB drives, and smartphones, was momentarily halted by the court’s decision.

On September 13, a pivotal ruling emerged following a petition submitted by concerned individuals, who asserted that they acted in the best interests of music producers and performers. Their core argument revolved around the constitutionality of the Blank Tape Levy, and they fervently insisted that funds collected should not find their way into the coffers of the Performers Rights Society of Kenya (PRSK), Music Copyright Society of Kenya (MCSK), and Kenya Association of Music Producers (KAMP).

The crux of the petitioners’ case lay in their claim that the levy violated their fundamental right to fair remuneration. Instead, they asserted that the funds should be channeled toward nurturing and bolstering the burgeoning music industry in Kenya. In response to these concerns, the court gave a directive to the Kenya Copyright Board (KECOBO), ordering them to refrain from depositing any funds collected through the Blank Tape Levy into an interest-bearing account. This directive will remain in place pending the court’s comprehensive examination and final judgment of the petition’s merits.

The courtroom battle surrounding the Blank Tape Levy has unveiled deep-seated divisions within the Kenyan music industry. While the government seeks to bolster its revenue streams by taxing blank media and devices, artists and their advocates have rallied against what they perceive as an unfair burden on their livelihoods. As the legal drama unfolds, the fate of this tax and its impact on Kenya’s music scene hangs in the balance.

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