Drone operators risks 12 years jail time if found without licence

Pascal Opiyo, KFCB acting CEO.

Drone operators in Kenya who fail to obtain the necessary licenses from the Kenya Civil Aviation Authority (KCAA) risk hefty fines and potential jail time. Offenders could face penalties of between Sh 6 million and Sh 12 million, or imprisonment for six to 12 years, or both.

KCAA which is responsible for licensing drones in the country has revealed currently, the country has only 24 approved Remote air operator certificates with 18 approved resellers/ distributors.

The popularity of non-military drones has skyrocketed across various industries lately, particularly in filmmaking. Drones have revolutionized the way films are made, enabling the creation of stunning visuals while significantly lowering production expenses.

“I want to encourage filmmakers to comply and register with us. We currently have a multi-agency team that does vetting and the whole process can take up to one month. There are requirements that one can check online including having at least a 3^rd party insurance cover and letter of no objection (from where one wants to fly),” Francis Kigen from KCAA, told filmmakers during a creative engagement forum.

Francis Kigen from KCAA_Kenya making a presentation on 'Regulation of Drones' with focus on the filming industry. [courtesy]

Dubbed, The Creatives in Arts and Film Literacy (CAFiL), the Programme is an initiative of Kenya Film Classification Board (KFCB) in partnership with the Sports, Arts, and Social Development Fund (SASDF), tailored to empower creatives in Arts and Film to create content that upholds Kenya’s cultural values while safeguarding children from exposure to inappropriate films. The Programme aims to create awareness of the existing legal framework guiding the film industry requirements, and has far rolled out in Nairobi, Kisumu, Nakuru, Embu, Machakos and Mombasa regions.

“In its resolve to empower local creatives, the KFCB collaborated with other regulatory Government agencies whose mandates impact the film industry and developed a Regulators’ Handbook for Film Practitioners in Kenya to consolidate simplified regulatory information,” stated Pascal Opiyo, the Board’s acting CEO.

The information includes; the regulation of creation, distribution, exhibition, broadcasting and possession of audio-visual content in Kenya; the use of drones in filmmaking; immigration requirements for foreign film practitioners; the framework concerning filming in game parks and sanctuaries; tax obligations of film practitioners and tax incentives they could benefit from; copyright laws for protecting intellectual property rights of filmmakers; and data protection requirements.

“The Regulators Handbook, is a guide for creatives, as it provides the relevant information that will help creatives in pursuit of their artistic works. I, therefore, urge creatives to take advantage of the information in the handbook for their benefit,” he added.

Opiyo told the Standard that in a bid to provide an enabling and conducive environment for the film sector to flourish, his board has proposed a review of various regulatory frameworks that once ratified will make obtaining licenses easier for filmmakers, as well as promote the ease-of-doing business for the industry stakeholders.

“As a matter of fact, the KFCB recently redefined the role of film agents in Kenya. As a result, local filmmakers can obtain licenses directly from the Board without going through a Film Agent as was the case before,” he stated.