The National Assembly is considering a petition seeking the regulation of TikTok in Kenya, with Members of Parliament supporting measures that protect users while preserving the benefits of social media innovation.
In its report on Petition No. 41 of 2023 regarding the regulation of TikTok in Kenya, the Public Petitions Committee ruled out an outright ban, saying it would violate fundamental rights and hinder digital economic growth. Instead, the committee recommended stronger regulation and compliance monitoring of social media platforms operating in the country.
“The total ban of TikTok is not tenable,” said Public Petitions Committee Chair Karumba Muchangi, noting that social media has become an essential tool for communication, creativity, and entrepreneurship among young people.
While seconding the motion, Senator Moses Kajwang’ said the focus should be on content regulation to protect minors rather than banning the platform.
Members of Parliament also want TikTok and other platforms to introduce monetisation policies that allow Kenyan creators to earn directly from their content.
“Some of the good things we have from TikTok is our youth are able to socialise, gain employment opportunities, and participate in civic engagement,” said Suba North MP Mille Odhiambo.
The committee urged the Ministry of Interior and National Administration and the Ministry of Information, Communication and the Digital Economy to work together to enhance user protection and cybersecurity on social media platforms, including TikTok. The ministries are expected to report back to the House within four months on measures such as stronger age verification, data localisation, and digital literacy programmes on privacy and responsible use.
“As a child protection advocate, we must find a way to protect minors against exploitation and explicit content on social media platforms. Certain content should not be accessible to minors. We must confront these issues head-on,” Odhiambo added.
Further, the Office of the Data Protection Commissioner has been directed to engage social media platforms to assess compliance with the Data Protection Act, Cap. 411C, and ensure that user data is processed in accordance with Kenyan law.
The committee also called for amendments to the Kenya Information and Communications Act, Cap. 411A, to empower the Communications Authority of Kenya to regulate social media platforms. In addition, it proposed that the Ministry of ICT and the Digital Economy monitor content moderation systems to ensure they reflect Kenyan values and languages, supported by adequate human moderators and psychosocial support.
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