House approves motion to regulate TikTok, rejecting calls for ban

House approves motion to regulate TikTok, rejecting calls for ban
Parliament buildings in Nairobi. PHOTO/National Assembly
In Summary

Speaker of the National Assembly Moses Wetang’ula, set the tone for the debate clarifying that the House was addressing concerns around misinformation and digital recklessness not prohibition.

The National Assembly has approved a motion seeking to regulate TikTok and other social media platforms in Kenya, dismissing claims that Parliament intends to ban the popular app.

Speaker of the National Assembly Moses Wetang’ula set the tone for the debate, clarifying that the House was addressing concerns around misinformation and digital recklessness, not prohibition.

“This Parliament is not debating a ban on TikTok,” the Speaker ruled. “There is no motion before this House to ban TikTok. What we are dealing with is misinformation, disinformation and fake news, and the recklessness that sometimes comes along with what is otherwise a very good platform.”

The motion, arising from a public petition, calls for enhanced regulation of social media platforms, including stronger age verification mechanisms, data localisation, improved content moderation, and compliance with Kenya’s Data Protection Act.

Deputy Speaker and Uasin Gishu Woman Representative Gladys Boss warned that unregulated digital platforms pose serious risks to national security and the mental well-being of young users.

“We are not burning it. We must regulate it,” she said. “These platforms have the potential to endanger national security, compromise data privacy, and even sway public opinion through misinformation and propaganda.”

Boss cautioned that algorithms could be manipulated to influence public thinking, undermine democracy, or expose sensitive national security information. She further cited growing global concern over the impact of social media on children’s mental health.

“It has been confirmed that excessive exposure is causing attention deficiencies, sleep disruption, and low self-esteem among children. We must protect our future generations,” she said.

Leader of the Majority Party and Kikuyu MP Kimani Ichung’wah echoed the call for regulation, saying Parliament had a moral obligation to shield children from harmful content while safeguarding innovation.

“We are not banning TikTok. We are urging mechanisms for age verification, localisation of Kenyan data, and digital literacy programmes,” he said. “Data today is a gold mine. We must protect our data and our children.”

Ichung’wah noted that misinformation and AI-generated content had blurred the line between fact and fiction, leaving many vulnerable users unable to distinguish reality from fabrication.

Dagoretti North MP Beatrice Elachi supported the motion, stressing the need for the Communications Authority of Kenya to register and hold social media operators accountable.

“It is about strengthening the legal and regulatory framework to ensure data protection and public safety,” she said. “We must make it workable for young people, but also safeguard minors.”

Dagoretti South MP John Kiarie, who is also the chairperson for the National Assembly ICT Committee, framed the debate as a policy conversation rather than a moral panic.

“Regulations and laws can only do so much. Parents, teachers, and guardians also have a role,” he said. “Regulation must protect without strangling innovation. But child safety and mental health must be non-negotiable.”

Kiarie called for transparent content moderation processes, local accountability of digital companies operating in Kenya, and clear disclosure of cross-border data transfers.

Saku MP Dido Raso described regulation as a “double-edged sword” that protects users while allowing innovation within legal limits.

“If we fail to make the laws for this land, we are not just destroying the current generation; we will be destroying the future generation,” he said.

Marakwet East MP David Bowen said Kenya must not shy away from technology but must ensure its prudent use.

“We cannot run away from technology, but we must regulate it so that it benefits our young people and does not harm society,” he said.

Githunguri MP Gathoni Wamuchomba, who previously participated in the enactment of the Data Protection and Cybercrime laws, warned of the social damage caused by unregulated digital spaces.

“TikTok has built celebrities, but it has also demolished homes and businesses. We are not banning, but we must regulate. This House must provide solutions,” Wamuchomba said.

The adopted resolutions direct the Ministry of Interior and the Ministry of Information, Communications, and the Digital Economy to collaborate on enhancing user protection and cybersecurity measures, including improved age verification and local data infrastructure.

The Office of the Data Protection Commissioner is required to report on social media platforms’ compliance with Kenyan laws, while Parliament is expected to consider amendments to the Kenya Information and Communications Act to formally mandate the regulation of social media platforms.

Lawmakers emphasised that a total ban would infringe on constitutional freedoms and undermine the country’s digital economy ambitions.

Instead, they resolved to institutionalise periodic compliance reviews and tighten oversight to balance innovation with accountability.

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