Two people were arrested after allegedly engaging in the illegal distribution of digital copies of the Daily Nation, following a police raid on their residence.

In a statement on Monday, August 25, the Kenya Copyright Board (KECOBO) confirmed the pair had been involved in the unauthorised circulation of e-papers owned by the Nation Media Group.

The suspects were detained inside what appeared to be a city apartment, believed to have served as their base of operations. They were later arraigned at the Milimani Law Courts to face charges of copyright infringement.

“In collaboration with Nation Media Group PLC and the National Police Service, we conducted a raid that led to the arrest of two individuals involved in the illegal distribution of digital newspapers,” the statement read.

“The suspects were arraigned today at the Milimani Law Courts on charges of copyright infringement. The court granted each suspect a cash bail of Ksh100,000 or an alternative bond of Ksh500,000. The case remains pending before the court for further directions.”

The Copyright Act prescribes tough penalties for those found guilty of illegally distributing protected material. Although the digital era has transformed content creation and distribution, it has also posed new challenges for media houses in protecting their intellectual property, given the ease of online access.

For instance, when paywalled content is uploaded online, it can be copied within seconds—through screenshots, downloads, or redistribution across messaging apps, social media, and file-sharing platforms.

“The Copyright Act prohibits the unauthorised reproduction, distribution, or sharing of copyright-protected works, including digital publications,” the Kenya Copyright Board added in its statement. “Such offences are punishable by arrest, prosecution, and severe penalties.”

Although copyright laws exist to safeguard intellectual property, proving violations in court and tracing offenders remains difficult—hence the recent joint crackdown by the NPS and KECOBO.

Illegal distribution also inflicts significant financial losses on digital media outlets, as content intended for paid access is widely pirated, driving down revenue even when engagement levels remain high.

In some instances, those who breach the Copyright Act may not even realise they are committing an offence, as they merely forward messages received on social media containing material from paywalled news sites.

On January 22, 2025, Nation Media Group (NMG) addressed the matter of individuals distributing their newspapers’ digital publications on social media without authorisation, revealing that the individuals had been making unauthorised copies of its various newspaper publications (E-Paper) and distributing them in digital format for sale on, among others, social media platforms.

The regional media house affirmed that no person is allowed to reproduce or resell its e-paper without prior authorisation, terming it an infringement of copyright laws and thus a criminal offence. 

NMG urged Kenyans to, henceforth, and with immediate effect, cease and desist from any of the aforementioned infringement actions. These include, but are not limited to, the reproduction, distribution and/or retention of such infringing copies of NMG’s publications generally and the E-Paper in particular. The habit has been prevalent among culprits sharing copies of the E-paper on WhatsApp.

The law stipulates that anyone convicted of such unauthorised distribution and related offences faces a fine not exceeding Ksh400,000 or imprisonment for a term not exceeding 10 years or both. The offences include the sale, distribution, and possession of the infringing copy.