Parliament has decided against banning TikTok in Kenya, focusing instead on measures to regulate the platform and protect young users from harmful content.
The decision follows a petition that raised alarm over the potential exposure of minors to sexual content, violence, hate speech, and material that conflicts with Kenyan cultural and religious norms.
The petition, submitted on August 15, 2023, by Bob Ndolo, Executive Officer of Bridget Connect Consultancy, called for an immediate ban on the platform. Ndolo argued that TikTok endangers cultural and moral values by exposing children and teens to inappropriate behaviour online.
Despite these concerns, lawmakers emphasized that a total ban would infringe on fundamental rights and slow the growth of Kenya’s digital economy.
“The total ban of TikTok is not tenable,” said Public Petitions Committee Chair Karumba Muchangi. “Social media has become an essential tool for communication, creativity, and entrepreneurship among the youth.”
Homa Bay Senator Moses Kajwang added, “I am glad we are not moving in the direction of banning TikTok; we are moving in the direction of content regulation to safeguard minors.”
The Committee instructed the Ministry of Interior and National Administration together with the Ministry of Information, Communication and the Digital Economy to collaborate on enhancing cybersecurity and user protection on social media platforms.
Both ministries are expected to report back to Parliament within four months on measures such as improved age verification, storing Kenyan user data locally, and establishing infrastructure to secure this information.
They are also required to run digital literacy programs that educate the public on data privacy, storage, processing, and social media rules.
“The mechanisms for enhancement of age-verification on the social media platforms, the localisation of Kenyan user data to be retained within the country, such as the setting up of local infrastructure for data security by the platforms. The digital literacy programs to create awareness on data privacy, processing and storage and Community Guidelines by social media platforms, including TikTok,” the resolution states.
Within the same period, the Office of the Data Protection Commissioner (ODPC) will review compliance of social media platforms with Kenyan laws, including the Data Protection Act 2019, and report on the effectiveness of age verification, content filters, and Kenya-specific privacy terms.
The Departmental Committee on Communication, Information and Innovation will also recommend updates to the Kenya Information and Communications Act, CAP 411A, to give the Communications Authority of Kenya more oversight over social media platforms.
The Ministry of ICT and the Digital Economy will monitor content moderation, audit artificial intelligence systems, train algorithms in local languages, ensure adequate human moderators with psychosocial support, and provide clear reporting channels for harmful or illegal content.
Platforms without monetisation schemes will be required to introduce mechanisms for Kenyan creators to earn from their content.
The Parliamentary Committee stressed that banning TikTok outright would limit freedom of expression and hinder social and economic benefits of internet connectivity, which are crucial for Kenya’s digital economy.
“A ban of the social media platform would stifle social and economic growth and the benefits of internet connectivity as the nation seeks to enhance its digital economy. However, the Committee recommends that social media platforms, including TikTok, be regulated and periodic compliance reviews by the relevant state agencies be institutionalised,” the resolution concludes.
