Kenya's Parliament rejected a TikTok ban, opting for regulation to protect minors, ensure data privacy, and support digital economy.

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Parliament is a living institution at the heart of an evolving national conversation. From digital rights to constitutional amendments, Kenya's lawmakers are navigating a complex terrain as they shape the future of governance and civic life. In recent weeks, the National Assembly has been the scene of high-profile discussions on the ban of TikTok. This is a topic that has attracted a lot of interest, especially among parents, digital rights advocates, and young content developers. Instead of a total ban, the legislators chose a nuanced path of regulation instead.

Parliamentary Deliberations

A recent report by the National Assembly highlights the parliamentary debate on regulating social media platforms, particularly TikTok. The Public Petitions Committee has actively reviewed a petition that called for the regulation of TikTok in Kenya. In an era when more than half the population uses social media, the debate reflects a legislative priority: balancing freedom of expression with the protection of users.

The speaker of the National Assesmbly the executive officer of Bridget Connect Consultancy, received the report from Bob Ndolo. The report was then handed over to the Public Petitions Committee for scrutiny. The discussion started with the submission of Public Petition No. 41 of 2023 by Bob Ndolo. In his petition, Ndolo urged the parliament to ban TikTok entirely, arguing that the platform exposes young people to explicit content, violence, hate speech, and vulgar language. He further stated that the social media platform threatens cultural and religious norms, claiming that it is inadequately regulated in Kenya. Mr Ndolo further felt that the platform might be collecting and processing user data without sufficient privacy safeguards.

Youth Protection Concerns

MPs expressed deep concern that TikTok's algorithm could expose minors to inappropriate material. The lawmakers emphasized the need to shield children from violent, hate-filled, or sexually explicit content. Some MPs, however, cautioned that consideration should be put on the functionality of TikTok's algorithm.

Fundamental Rights and Economic Growth

The public petitions committee was against the total ban, arguing that such a move could infringe on constitutional rights to freedom of expression and communication. The committee further noted that this would negatively affect Kenya's digital economy. In Kenya, young people use TikTok for communication and creative expression, income generation, civic engagement, and brand building. Businesses are using TikTok for marketing their products and services. Committee chair Hon. Karumba Muchangi argued that an outright ban was not tenable, as it would deter the role played by social media in modern society.

Data Privacy and Cybersecurity

The issues of data protection and national sovereignty also took center stage. The lawmakers called for data localization, implying that Kenyan user data should be stored within the country. They further directed the ministries of Interior and National Administration and Information, Communication, and Digital Economy to improve cybersecurity strategies for social platforms.

Age Verification and Digital Literacy

TikTok and similar platforms should implement strong, verifiable age verification systems to ensure minors are not accessing inappropriate content. The legislators also called for digital literacy programmes to empower the young users on privacy settings, data security, and online safety best practices.

Proposed Legal and Administrative Changes

The committee did not support an outright ban, stating that it would infringe on fundamental rights. MPs proposed a measured approach focused on user protection, privacy, and digital safety. This includes advancing stronger age-verification systems, monitoring data-protection compliance, and encouraging platforms that lacked monetization mechanisms for Kenyans to provide such opportunities for Kenyan creators to earn directly. This move is both protective and pro-growth.

Another recommendation of the committee was the amendments to the Kenya Information and Communications Act to empower the Communications Authority of Kenya to better regulate social media platforms and ensure they comply with Kenyan regulations.

There was also a recommendation for continuous monitoring and accountability for content moderation and privacy compliance through periodic compliance reviews by state agencies.

The Parliament Rejected the Ban Because:

It would contravene the freedom of expression, a right provided for by the constitution of Kenya 2010. Freedom of expression and the right to information are protected rights that a blanket prohibition could violate. Secondly, TikTok contributes to the digital economy, since many young people depend on it for marketing their businesses, entrepreneurship, and skills development. Thirdly, instead of an outright ban, the lawmakers felt that regulation could address risks more effectively than prohibition. Targeted rules can better protect users without stifling innovation and economic opportunity.