Nairobi, Kenya | By Michael Wandati | A Parliamentary Committee has dismissed a petition that sought a complete ban on TikTok in Kenya, opting instead to recommend regular compliance monitoring of the social media platform by relevant State authorities.
In a report presented to Parliament, the National Assembly Committee on Public Petitions stated that imposing a total ban on TikTok in Kenya would hinder media freedom and the right to free 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 further stated.
The committee highlighted that restricting social media operations, such as TikTok, would be counterproductive as the country aims to strengthen its digital economy. Instead, it emphasized the need for regular compliance checks to ensure responsible platform usage without stifling progress in the digital sector.
“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, led by Kitui East MP Nimrod Mbai, recommended that all social media platforms in the country be regulated, with their operations subjected to regular reviews by government agencies. While the committee has lifted the proposed blanket ban on TikTok, it expressed significant concerns regarding the platform’s operations within the country.
The issues highlighted include national security and privacy, content moderation practices, compliance with community guidelines, economic impact, and adherence to Kenyan law. The committee acknowledged that TikTok presents a serious security threat, a matter currently under review 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 of this year, Interior Cabinet Secretary Kithure Kindiki informed the committee that the National Security Council was exploring the possibility of banning public servants from using TikTok as a measure 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.
The committee recognized that TikTok’s safety features are insufficient, particularly for younger users, raising concerns about their negative impact. Additionally, it noted a lack of clarity regarding the platform’s economic benefits and its overall contribution to the country’s Gross Domestic Product.
(GD“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.
“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 voiced concerns regarding TikTok’s lack of an effective age verification mechanism, particularly during user registration, which hampers the enforcement of age restrictions. Additionally, it noted that TikTok may not fully comply with existing data protection laws.
Regarding economic opportunities for young users, the committee argued that TikTok is failing to adequately support content creators. Currently, creators can only earn through gifts during live sessions and endorsement partnerships, as the platform has yet to introduce monetization features for their content.
“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 expressed apprehension that TikTok lacks physical offices in Kenya, preventing users from reporting issues and addressing various concerns effectively.
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The petition advocating for a total ban on the platform was presented in Parliament last August by Bob Ndolo, CEO of Bridge Connect consultancy. He urged MPs to take action against social media platforms that he claims are being exploited to spread violence and explicit sexual content among youth.
Ndolo informed lawmakers that TikTok operates without regulation from the Communications Authority of Kenya and is allegedly used to propagate hate speech and vulgar language, threatening the country’s cultural and religious values.
In his petition, Ndolo referenced previous privacy scandals involving TikTok, including a notable 2019 incident in which the app was fined $5.7 million by the U.S. Federal Trade Commission for illegally collecting data from children as young as 13 without parental consent. He cautioned that if no measures are taken against the platform, its addictive nature could lead to declining academic performance and an increase in mental health issues, anxiety, and sleep deprivation among youth.
The committee recommended that national security agencies assess the potential risks associated with such platforms and prioritize data security to safeguard the nation and its cyberspace. It also urged the Data Protection Commissioner to take necessary enforcement actions to protect the rights of data subjects in the country.
Regarding content moderation, the committee noted that under Section 46C of the Kenya Information and Communication Act (KICA), broadcasters are licensed by the Communications Authority and required to adhere to operational standards. However, it identified a pressing need to amend the law to grant the Communications Authority the authority to regulate social media platforms effectively.
“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.
