Zanzibar, a world-known archipelago, with a rich cultural heritage and stunning natural beauty, has emerged as a unique hub for creative industries, particularly Creative Cinematography. Recently, these islands have been the backdrop for several notable Tanzanian films, such as Vuta N’kuvute (Tug of War) by Amil Shivji, which gained international recognition. Other projects like Binti and Nyara are also making strides, showcasing local talent in the field of Creative Cinematography.
The Hollywood actor, Idris Elba,has initiated plans to establish a modern film studio project in Zanzibar, expected to boost the local and regional film industries. The project highlights Zanzibar’s potential as a competitive filmmaking hub in the East African region.
The legal framework governing the film industry in Zanzibar, a subject of discussion in this article, reflects a blend of local legislation aimed at fostering Creative Cinematography while ensuring compliance with established laws, regional agreements, and international best practices. The legal framework encompasses various legal aspects: registration and licensing, employment and immigration, intellectual property rights, and content regulation, providing an enabling environment for filmmakers, production companies, and other stakeholders.
This legal framework is crucial for promoting Creative Cinematography in Zanzibar, ensuring that filmmakers can thrive while adhering to necessary regulations.
Registration and Licencing
The Creative Cinematography sector can greatly benefit from these investment incentives, attracting both local and international filmmakers.
Through proper licensing, Creative Cinematography in Zanzibar can flourish while respecting local laws and cultural standards.
Studios involved in Creative Cinematography must ensure they comply with regulations to maintain cultural integrity and artistic freedom.
Establishing a film studio in Zanzibar first requires adhering to the regulatory framework for business registration and licencing, but also leveraging on investment incentives. Key legislative instruments in this industry are channeled through the guiding and regulating arm of Zanzibar Investment Act, No. 10 of 2023, Arts and Censorship Council Act of 2015 and Zanzibar Copyright Act, of 2003.
Investors and studios in Creative Cinematography can leverage the tax incentives provided by the Zanzibar Investment Act.
The regulations also ensure that Creative Cinematography projects have appropriate labor standards to protect workers in the industry.
This creates a sustainable environment for Creative Cinematography to thrive in Zanzibar.
Moreover, Creative Cinematography projects often involve international cooperation, necessitating compliance with immigration laws.
Establishing a film studio in Zanzibar requires adhering to the regulatory framework. Compliance begins with business registration and licensing, ensuring all legal and procedural requirements are met. Guiding Laws in Business registration include Companies Act No.15 of 2013, and Business Entity Registration Act, No 12 of 2012. The Zanzibar Business and Property Registration Agency (BPRA) plays a pivotal role in this process, including business name registration and incorporation for companies.
Understanding tax implications is crucial for sustainable growth in Creative Cinematography.
Zanzibar Arts and Censorship Council Act of 2015 ensures that studios are compliant with Zanzibar’s laws and cultural standards before engaging in production, distribution, or exhibition of films. The licensing process is done through the Zanzibar Arts and Censorship Council which ensures compliance with creative industry regulations, including content approval and censorship aligned with positive cultural representations and moral standards.
The Zanzibar Investment Act No. 10 of 2023 plays a vital role in governing foreign investment, including the establishment of a cinematography or film studio. The Act provides incentives for foreign investors, such as tax exemptions, customs duty waivers on imported equipment, and other benefits to promote investment in sectors like film production. Film studios can take advantage of these incentives, making it easier to set up operations in Zanzibar. The Act also outlines the process for registering the investment, ensuring that foreign investors have a clear path to legally establish and operate a business in Zanzibar.
Regulation of Employment, Labour and International Expertise
The Employment Act, No. 11 of 2005 and the Labor Relations Act, No. 1 of 2005 regulate labor relations and employment conditions in Zanzibar. The Employment Act sets standards for employment contracts, wages, working hours, and dispute resolution, ensuring that film studios provide fair treatment, formal contracts, and safe working conditions. The Labor Relations Act helps manage industrial disputes, employee rights, and collective bargaining, ensuring a balanced relationship between employers and employees.
The Immigration Act (Cap 54 R.E. 2016) regulates the employment of foreign workers in Zanzibar, which is relevant for film studios hiring foreign professionals such as directors, actors, or technicians. The Act mandates that foreign workers obtain the necessary work permits and visas to legally work in Zanzibar ensuring that film studios can bring international talent into Zanzibar. Additionally, there is compliance with social security, worker’s compensation, and health insurance laws that investors in creative sector should be versed with.
Tax Matters
Key tax laws include the Zanzibar Revenue Authority (ZRA) Act, No. 11 of 2022 that governs local taxes such as VAT on local goods and services, excise duties on certain media products, and stamp duty on contracts and agreements. Local taxes like service levies are apply to film studio’s operations. ZRA as a mandated body, collaborates with the Zanzibar Investment Promotion Authority (ZIPA) to offer tax incentives, such as exemptions or relief on VAT for imported production equipment.
Local taxes like service levies are apply to film studio’s operations.
The distribution of films produced in Creative Cinematography also requires navigating the legal landscape effectively.
Filmmakers should consider how Creative Cinematography aligns with international treaties.
Tanzania Revenue Authority (TRA), on the other hand, administers income tax, and as such investors in cinematography are subject to Union taxes including withholding tax on payments (e.g., royalties or services), Pay as You Earn (PAYE) on employee salaries and corporate income tax (30% on profits). It also oversees customs and excise duties on imported filming equipment, based on the East African Community Common External Tariff. Additionally, TRA administers VAT on imports at 18%, although investment incentives by way of tax exemptions or reliefs may be offered through ZIPA. .
This collaboration is essential to promote Creative Cinematography across borders.
Intellectual Property Regulation
A strong IP regime makes the core of any creative of a country. The Copyright Act, 2003, and the Zanzibar Industrial Property Act, 2008, are fundamental in addressing IP issues related to films, scripts, music, and other creative works crucially for producers, directors, and scriptwriters. Zanzibar IP framework is crucial for protecting trademarks in branding or safeguarding innovative production techniques. As such, Practical support is guaranteed for copyright and trademark registration, monitoring and enforcement including methods to detect unauthorized use of creative works. Filmmakers should thoroughly integrate IP considerations during pre-production stages to secure rights for innovations such as industrial designs and production techniques.
Furthermore, the integration of eco-tourism with Creative Cinematography can enhance the appeal of Zanzibar as a filming destination.
By focusing on sustainability, the Creative Cinematography industry in Zanzibar can attract more projects that resonate with global audiences.
Land Use, Zoning and Sustainable Environmental Considerations
With Zanzibar’s pristine environment and unique ecosystems and growing global demand for environmentally responsible filmmaking, the Environmental Management Act, 2015, supplemented by land use control regulations, play a critical role in regulating the impact of film production on Zanzibar’s environment.
Investors in Creative Cinematography should prioritize sustainable practices to ensure long-term success.
As Zanzibar positions itself in the global market, the focus on Creative Cinematography will play a crucial role in its future growth.
Zanzibar’s Town and Country Planning Decree 85/1955 and land use regulations such as the Regulations to Control Land Uses for Investment (LN 87/2006) and Kanuni za Udhibiti wa Matumizi ya Ardhi kwa Uwekezaji (LN 48/2006) regulate zoning to ensure that the land selected for a film studio is designated for commercial or industrial use. The regulations also ensure that the studio complies with local planning and development guidelines, protecting the environment and the surrounding community. By adhering to these laws, film studios can avoid conflicts with local authorities and ensure that their operations contribute positively to the urban and environmental landscape of Zanzibar.
Any film studio in Zanzibar that intends to build or expand its operations, especially near sensitive ecological areas, must conduct an Environmental Impact Assessment (EIA) as a vital requirement of the Environmental Management Act, 2015. The EIA process evaluates the potential environmental effects of construction and ongoing production activities, such as waste management, energy consumption, and water use and subsequent mitigation adopted. Conducting EIA ensures that film productions do not cause long-term environmental harm, while preserving Zanzibar’s natural heritage.
Regulation of Film Distribution and Export
Zanzibar-based filmmakers can take advantage of established film distribution networks across Africa and beyond. As part of East Africa’s burgeoning film industry, Zanzibar is gaining visibility on global streaming platforms such as Netflix, Amazon Prime, and regional television networks. In addition to content creation, investors and filmmakers in Zanzibar’s film industry need to be aware of the legal frameworks governing the distribution of films, both domestically and internationally. The Zanzibar Arts and Censorship Council also licences the export of locally produced films.
The distribution of films involves a range of legal considerations, including rights management, censorship compliance, and tax incentives. The Film Export Regulations guide how films produced in Zanzibar can be legally exported and distributed. Key considerations include customs duties, taxation, and distribution agreements that must comply with the Zanzibar Film Industry Policy. Zanzibar’s regulatory framework supports international distribution by offering favorable tax policies and facilitating smoother entry into international markets. Moreover, understanding and applying for available tax exemptions on equipment and export-related activities filmmakers can significantly reduce operational costs and increase profitability.
Zanzibar and International Treaties and Agreements
Zanzibar, through United Republic of Tanzania, is signatory to and governed by both regional and international agreements that safeguard intellectual property (IP) and foster collaboration within the global film industry.
- The Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention is a global treaty that establishes minimum standards for the protection of copyrights and related rights. The convention ensures that film produced in other member states automatically protected under the same copyright laws, reducing legal complexities for international collaborations and ensuring global market access. - East African Community (EAC) Protocol on the Protection of Copyright
This agreement ensures that copyright holders within East Africa enjoy similar protection as in other partner states. This enables filmmakers to collaborate on projects with partners in neighboring countries without facing the challenges of separate national legal systems. - African Continental Free Trade Area (AFCFTA)
This treaty facilitates intra-African trade and cooperation, including creative works, which can lead to better distribution channels for African-produced films.
A Need for Compatible Laws for Eco-Tourism and Film Industry
Zanzibar’s natural beauty is often a key aspect of film productions, and filmmakers should incorporate eco-tourism principles into their production plans. By partnering with local eco-tourism agencies and adopting responsible filming practices, studios can attract international talent who prioritize environmental preservation. Zanzibar can as well attract filmmakers looking to create films that align with environmental responsibility, boosting both its cultural and economic standing globally. It is, thus, crucial for Investors and filmmakers to incorporate sustainability clauses in their contracts with production companies, requiring adherence to eco-tourism best practices.
Additionally, laws regulation the film production should require seeking green certifications and eco-friendly production standards for studios. The action will provide a competitive advantage in the international market, particularly with eco-conscious production houses and global film festivals that emphasize sustainability. It shall further enhances the Zanzibar’s film industry’s reputation on the international stage and appeal to international stakeholders who prioritize sustainable practices.
Final Thought: The Future of Zanzibar Cinematography
Zanzibar’s emergence as a thriving hub for Creative Cinematography is underpinned by a robust and comprehensive legal framework. By blending local legislation, international best practices, and innovative incentives, the region offers an attractive environment for filmmakers, production companies, and investors. From streamlined registration processes to environmental sustainability and cultural preservation, Zanzibar ensures that Creative Cinematography can flourish while maintaining the integrity of its unique heritage and natural beauty.
However, as the industry continues to evolve, it is imperative to review and adapt the existing laws to address challenges and fill existing gaps. This process must be participatory and inclusive, involving key stakeholders such as the Ministry of Information, Tourism, Culture, and Sports; specialized legal teams; labor specialists; cultural managers; and representatives from artists’ guilds. Such collaboration will ensure that the legal framework reflects the realities of the creative sector while safeguarding workers’ rights, cultural heritage, and environmental sustainability.
With strategic investments like the proposed film studio by Idris Elba and a commitment to fostering sustainable and culturally aligned filmmaking, Zanzibar should act swiftly and promptly to carve a significant niche in the East African creative economy. By engaging diverse voices and expertise in its policy development, Zanzibar can ensure a balanced approach to economic growth, cultural preservation, and environmental responsibility. This comprehensive strategy will position Zanzibar as a beacon of opportunity for the global cinematography landscape while serving as a model for other regions aspiring to build sustainable creative economies.
