TikTok petition and why all social media users should be on high alert

The National Assembly approved the presentation of the report in September 2024. Then, it was noted that the petitioner had stepped down the request from a ban to regulation of the platform.

A brief news item on NTV reported the adoption of the committee’s report, noting that the petition had taken “a dramatic turn” and that lawmakers had opted for a strict regulatory framework.

However, the news report fell short of providing viewers with details of the “dramatic turn” or the MPs’ resolutions, and their full implications.

It, however, added: “But, as the government prepares to put the app under the microscope, some are warning of a trap that could stifle free speech ahead of the 2027 General Election.”

It is unclear why the other Nation Media Group platforms failed to document and discuss this important development, which has possible far-reaching ramifications for freedom of expression.

Ms Mercy Mutemi, the executive director of The Oversight Lab, and one of the stakeholders interviewed by NTV, warned of the dangers of laws that would later be used to arrest bloggers and harass journalists.

A politician interviewed by a different media house also said the proposed regulations were more about 2027 and the fear of a vigilant citizenry.

There are several reasons the report must remain high on the country’s news agenda. The first is that, while Mr Ndolo’s petition was about TikTok, the committee’s recommendations are far-reaching, covering all social media platforms.

Latest reports indicate that more than 15 million Kenyans use social media. Additionally, a survey last year by GeoPoll, a global research firm, found that 36 per cent of Kenyans spent more than six hours in a day on social media.

Any regulation on social media affects millions of Kenyans, and news on the matter is, therefore, relevant to them.

In his initial petition, Mr Ndolo stated that, while TikTok had gained popularity among the youth, the content that was being shared on the platform was inappropriate, promoting violence, explicit sexual content, hate speech, vulgar language and offensive behaviour which, he said, was a serious threat to cultural and religious values.

He also stated that the platform was not regulated by the Communication Authority of Kenya, leading to a failure to remove or block content deemed to be inappropriate or offensive.

The petitioner also said TikTok collected a significant amount of data on its users, including information about their device location and browsing history, and shared the same with third party companies without the users’ consent.

He was also concerned that, if the platform was not prohibited in Kenya, its addictive nature would lead to a decline in academic performance and a rise in mental health issues such as depression and anxiety.

He asked Parliament to intervene and take immediate action to safeguard Kenyans from the negative effects arising from the use of the platforms and altogether ban TikTok in Kenya.

However, when he made submissions before the committee, he sought to change the title of the petition to “Regulation of TikTok in Kenya”, saying he had “come to the realisation that such technologies would be part of the people during the information era, hence TikTok required regulation, not banning.

The committee listened to submissions by various stakeholders, including the TikTok content creators and bloggers’ association, the Kenya Film Classification Board, the Data Protection Commissioner and the Law Society of Kenya.

They were unanimous that banning TikTok was not an option, and each group presented a set of recommendations in response to the petitioner’s concerns. TikTok too sent a representative.

After, the committee asked the Interior and ICT and Digital Economy ministries to collaborate to enhance user protection and cyber security on social media platforms and report to the House on the mechanisms of age verification, localisation of Kenyan user data to be retained within the country, and digital literacy programmes.

The Office of the Data Protection Commissioner was tasked with engaging social media platforms, and reporting to Parliament on levels of compliance with the laws of Kenya, among other issues.

The committee also recommended (and here lies the catch) that the Kenya Information and Communication Act be amended to mandate the Communications Authority to regulate social media platforms in the country.

It is the open window for an amendment to the Kenya Information and Communication Act that should raise the antennas of all social media users in Kenya. Both the timing of this recommendation and recent events in neighbouring countries ahead of and during their elections should put Kenyans on their guard.

It has been argued that social media mostly does not create new crimes, but instead amplifies crimes that already exist. Therefore, progressive legislation should focus more on updating how evidence becomes admissible.

Any proposed amendments should be analysed and debated to ensure no laws that will impinge on Kenyans’ rights to information, freedom of expression and speech are sneaked in. The media must lead this conversation.

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