The digital content industry in Botswana is facing significant barriers to monetisation, with outdated copyright laws and weak enforcement mechanisms standing in the way, according to Jones Moitshepi, a legal practitioner speaking at the World Intellectual Property Day event.
Despite the presence of influential content creators like William Last KRM, who has amassed millions of followers across various social media platforms, Moitshepi argues that digital content monetisation remains a distant reality due to Botswana’s inadequate enforcement systems.
Moitshepi highlighted that Botswana only has one Collective Management Organisation (CMO), the Copyright Society of Botswana (COSBOTS). This contrasts with countries like South Africa, which has multiple CMOs to handle different intellectual property (IP) rights, streamline royalties, and provide better support for creators. In Botswana, the lack of multiple CMOs makes it difficult to deal with enforcement issues, discouraging platforms from introducing monetisation opportunities.
“The core business of these platforms is the distribution of IP material, so they bear an obligation to protect their subjects, the producers of content,” Moitshepi explained. “If Botswana is known to be struggling with enforcement, platforms like YouTube are less likely to make their YouTube Partner Program (YPP) available to Botswana for these reasons.”
Another key issue, according to Moitshepi, is the country’s outdated laws, which are inherited from colonial times and ill-equipped to handle the complexities of the digital era. These laws fail to address the nuances of digital content, creating gaps that hinder creators from monetising their work legally.
“For example, the Copyright Act protects digital copying of music and other content, but it lacks provisions to address the monetisation aspects of it,” he said.
Moitshepi stressed that unless the laws are updated to reflect modern technological advancements, local content creators will continue to face challenges in generating income from their digital contributions.
“As long as we don’t update our laws to ensure that they keep pace with technological developments, platforms will be hesitant to make resources available to us, and monetisation will always be a problem,” he emphasised.
He urged local creators to take responsibility and advocate for a legal framework that supports their growth and ensures the sustainability of Botswana’s digital economy. Moitshepi also called on content creators and industry stakeholders to collaborate in pushing for stronger legal frameworks that would facilitate content monetisation and better protect intellectual property in Botswana.
