A Legal Framework for Adopting Electronic Publishing by Educational Publishers in Kenya
摘要
The publishing industry in Kenya is being disrupted by the adoption of electronic publishing. As a disruptive technology, electronic publishing brings with it regulatory challenges since existing regulatory frameworks were intended to manage print publishing. This qualitative study was conducted using document analysis and interviews. Data was collected from 15 educational publishers in the country and representatives of the Kenya Institute of Curriculum Development. The objective of the study was to investigate relevant laws and their implications on electronic publishing in the country and identify the key challenges, policy gaps, and enforcement limitations. The findings of the study showed that the existing laws have catalysed the adoption of electronic publishing by educational publishers in Kenya. However, some laws such as the existing Copyright Act, Books and Newspapers Act, and data protection and data privacy laws have not been effectively enforced by the publishers in Kenya. The study recommends the setting up of a regulatory sand box to enable industry regulators to test and refine the regulation in a live controlled environment. Although the study involved a relatively small sample, this does not undermine its validity, as legal frameworks are inherently contextual and operate within specific national or institutional environments. A robust legal framework will encourage investment in new innovations such as e-publishing as well as protect consumers of eBooks and eLearning platforms while setting and enforcing industry standards for quality assurance.