Kenya’s Ministry of Information and Communications has called for regulation rather than an outright ban of the social media platform TikTok. The Ministry stated the state should require TikTok to screen content to ensure it complies with Kenyan laws. They also suggested that the company be required to submit quarterly reports on the nature of the content it has removed, providing this information to the government. Read more.
This recommendation comes in the wake of Parliament’s investigation into a petition that asked for TikTok’s complete prohibition. This petition, based on allegations that TikTok was being used to perpetrate fraud, disseminate propaganda, and circulate sexually explicit content, was initiated by the Ministry of Interior. The petitioner, Ben Ndolo, argued that the content posted on TikTok encouraged violence and hate speech, shared user data without consent, and violated youths’ rights. The ministry’s response to the petition was to suggest adopting a co-regulation model to manage content on TikTok rather than banning the platform outright.
Several organizations have spoken against the proposed outright ban. AccessNow claimed that the proposed prohibition contravenes constitutional guarantees of freedom of expression, association, assembly, political participation and the right to information. Furthermore, the Kenya National Commission on Human Rights (KNCHR) in its advisory to the National Assembly Public Petitions Committee highlighted that a total ban on TikTok would deny many Kenyans a source of income. They labeled such prohibition as irrational and disproportionate.
Instead of a complete ban, the KNCHR advised the state to enforce robust content moderation policies that focus on identity verification and restricting access to harmful content for minors. One of the considerations is to implement a public system where users would have to enter their social security numbers and receive a one-time pin message from the platform. This approach balances the freedom of expression while providing protection to children and youths.
Kenya isn’t alone in evaluating TikTok’s place in its society. Other countries worldwide are also reconsidering their stance on the social media platform. For example, the U.S. House passed a bill that states TikTok would be banned unless ByteDance, the parent company of TikTok, cuts ties with the platform. Canada has also decided to ban TikTok on government-issued devices in 2023.