A parliamentary committee has rejected a petition calling for a total ban on TikTok in the country, instead recommending regular compliance checks on the social media platform's operations by state authorities.
In its report tabled in parliament, the National Assembly Committee on Public Petitions said a total ban on TikTok in the country was not tenable as it would stifle freedom of media and expression.
"The committee rejects the prayer as a total ban on TikTok is not tenable as it violates fundamental rights and freedoms in the country," the committee's report said.
"An outright ban on TikTok in the country will have far-reaching effects in limiting innovation and creativity among content users. A ban will restrict the right to freedom of expression and freedom of the media, both constitutional rights in our democracy," the report said.
The committee noted that as the country moves towards strengthening its digital economy, restricting the operations of social media will be counterproductive.
"A ban on 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," reads the committee's recommendation to Parliament.
The committee, chaired by Kitui East MP Nimrod Mbai, says all social media platforms in the country, including TikTok, should be regulated and their operations should be subject to regular reviews by government agencies.
But despite lifting the blanket ban on TikTok, the committee raised fundamental questions about the platform's operations in the country.
Concerns range from national security and privacy, content moderation and breaches of community guidelines, economic benefit and compliance with Kenyan law.
The committee acknowledged that TikTok poses a serious security threat to the country, a matter currently under consideration by the National Security Council.
"The Ministry of Home Affairs and the Ministry of ICT and Digital Economy shall work together to enhance user protection and cyber security on social media platforms, including TikTok, and report to Parliament within four months of the submission of this report," the report reads.
In March this year, Interior Cabinet Secretary Kithure Kindiki told the committee that the National Security Council was toying with the idea of banning public servants from using TikTok to protect sensitive data.
"This matter is so complex, so consequential that it is not easy to look in one direction and decide whether to ban TikTok or not. The petition raises very serious issues. The issues go to the heart of the safety and security of our people," said Prof Kindiki.
On the negative impact of youth, the committee acknowledged that TikTok's safety tools are inadequate, especially for young users.
"These resources and tools include empowering users to report inappropriate content, tips on how to prevent cyberbullying, scams and sexual assault, as well as improving digital wellbeing," the report said.
The committee also expressed concern that TikTok does not have an effective age verification mechanism to enforce age restrictions, particularly at the user registration stage.
"TikTok's user identification mechanism allows a user to create multiple accounts with different details. This could lead to potential misuse of the platform in violation of the community guidelines," the report said.
On the economic benefits to the country, the committee said there was no clarity on the economic benefits of the platform and its contribution to gross domestic product (GDP).
In terms of economic benefits for the youth, the committee pointed out that TikTok is shortchanging the youth as it is yet to introduce monetisation for content creators, saying that currently content creators earn through gifts on the live feature and endorsement partnerships.
"For example, the application does not have a monetisation policy in the country for content creators to earn directly from their content," the report said.
The committee also expressed concern that TikTok has no offices in Kenya where users can report issues and follow up on various concerns.
The petition was tabled in Parliament in August last year by Bob Ndolo, CEO of Bridge Connect consultancy, who urged MPs to impose a total ban on the social media platforms, saying they were being used to perpetuate violence and explicit sexual content, especially among the youth.
Mr Ndolo told the lawmakers that the platform, which he said is not regulated by the Communication Authority of Kenya, has also been used to promote hate speech and vulgar language that poses a threat to the country's cultural and religious values.
In his petition, Mr Ndolo said TikTok has been involved in several privacy scandals in the recent past, citing a 2019 case in which the app was fined $5.7m by the US Federal Trade Commission for illegally collecting information from children as young as 13 without parental consent.
The petitioner expressed concern that if nothing is done about the platform in the country, the addictive nature of the app would lead to a decline in academic performance, increase in mental health cases, anxiety and sleep deprivation among the youth.
The committee has recommended that national security agencies must consider the potential risks of such platforms and that data security should be prioritised to protect the country and its cyberspace.
The committee has also urged the Data Protection Commissioner to take necessary enforcement action to protect the rights of data subjects in the country.
On content moderation on the platform, the committee says that according to the Kenya Information and Communication Act (KICA) section 46C, broadcasters are licensed by the Communication Authority and set standards of operation.
However, the committee says there is a need to amend the law to give the Communication Authority powers to regulate social media.
"There is a need to amend the Act to empower the Authority to regulate social media platforms and content moderation as media platforms," the report says.
