• MPs also called on TikTok and other platforms to introduce monetisation policies that allow Kenyan creators to earn directly from their content.

The National Assembly is considering a petition seeking regulation of TikTok in Kenya, with Members of Parliament (MPs) backing measures that balance user protection with the benefits of social media innovation and the growth of the digital economy.

In its report on Petition No. 41 of 2023, the Public Petitions Committee ruled out an outright ban, noting that such action would infringe on fundamental rights and stifle 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 Chairperson Karumba Muchangi, adding that social media has become an essential tool for communication, creativity, and entrepreneurship among young people.

Safeguarding Minors, Supporting Creators

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MPs also called on 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, gainful employment and civic engagement,” noted Millie Odhiambo during debate.

Ministries Tasked With Action

The Committee urged the Ministry of Interior and National Administration and the Ministry of Information, Communications and the Digital Economy to collaborate on enhancing user protection and cybersecurity on social media platforms, including TikTok.

The ministries are expected to report back to the House within four months on mechanisms such as stronger age verification, data localisation, and digital literacy programmes focusing on privacy and responsible online use.

Odhiambo, speaking as a child protection expert, stressed the urgency of confronting harmful content.

“We must find a way to protect minors against exploitation and explicit sexual content on social media platforms. There is certain content that should not be accessible by our minors. We must confront these issues head on,” she said.

Strengthening Oversight

Further, the Office of the Data Protection Commissioner has been directed to engage social media platforms to assess compliance with the Data Protection Act and ensure user data is processed under Kenyan law.

The Committee also recommended amendments to the Kenya Information and Communications Act to empower the Communications Authority of Kenya to regulate social media platforms.

Oversight of content moderation systems was proposed to ensure they reflect Kenyan values, languages, and cultural context with adequate human moderation and psychosocial support.

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