Inside MPs' strict proposals to regulate TikTok

Members of the National Assembly have ruled out a total ban on TikTok, saying it is untenable and would infringe on fundamental rights and freedoms of users in the country, but called for its regulation to protect minors and local data.

The Public Petitions Committee has moved for adoption of its report on consideration of Public Petition No. 41 of 2023 regarding regulation of TikTok in Kenya table at the House on September 25, 2024.

Presenting the report, committee chairman Eric Karemba said a ban on social media platforms would stifle social and economic growth and the benefits of internet connectivity as the nation seeks to enhance its digital economy. 

The committee has, however, recommended that social media platforms, including TikTok, be regulated and periodic compliance reviews by the relevant State agencies be institutionalised.

“This is coming at a time when, in the last two days, in the social media space, there is a lot of discussion about a man who is said to have come from Russia and who has united the nation’. What is needed is regulating so that what is consumed by Kenyans is what is good for our country,” Karemba said.

The report follows a petition filed by Bon Ndolo, who sought to have TikTok regulated, which led to the Committee collecting stakeholders’ input, who also agreed with him that the country does not need to ban TikTok.

“Initially," he said ", Ndolo went to the committee seeking for banning of TikTok, but thereafter, in his own submission, sought to step down the ban and instead called for its regulation. Ndolo decried that while it had gained popularity among the youth in Kenya, the content that was being shared on the platform was inappropriate, thus promoting violence, explicit sexual content, hate speech, vulgar language and offensive behaviour, which is a serious threat to the cultural and religious values in Kenya,” Karemba said.

The committee has since come up with several resolutions, including that the Ministries of Interior and Information and Communication collaborate to enhance user protection and cybersecurity on social media platforms, including TikTok, and report to the House within four months upon adoption of this report.

They sought to have the Ministries report on the mechanisms for the enhancement of age verification on social media platforms and localisation of Kenyan user data to be retained within the country, such as setting up local infrastructure for data security by the platforms. 

Also, in four months, they recommended that the Ministry report on digital literacy programs to create awareness on data privacy, processing and storage and community guidelines by social media platforms, including TikTok. 

Within four months of the adoption of the report, he said, the Office of the Data Protection Commissioner should engage social media platforms, including TikTok, and report to the relevant Committee of the House on levels of compliance with the laws of Kenya, including the Data Protection Act 2019 and its attendant regulations.

They are also seeking to have details on the effectiveness of age verification and content filtering, implementation of Kenya-specific supplemental terms in its privacy policy, considering the provision of the law and the social media platforms, including TikTok, have customised the data processing to comply with Kenyan laws.

The committee also resolved that the Departmental Committee on Communications, Information and Innovation introduce an amendment to the Kenya Information and Communications Act, CAP 411A, to mandate the Communication Authority of Kenya to regulate social media platforms in the country.

“The Ministry of ICT and the digital economy should monitor all social media platforms in the country, including TikTok, to address the concerns in their content moderation by auditing of the artificial intelligence moderation system to identify the loopholes to enhance continuous improvement of the system and training of the AI moderation system in local languages in the country to ensure the algorithm is able to detect inappropriate content presented in the local dialects,” the committee stated.

The Public Petitions committee sought to have adequate human contact moderators to ensure vast coverage of local dialects in moderating content from the Kenyan creators, ensuring human content moderators have adequate psychosocial support and provision of information and reporting options to flag illegal and inappropriate content.

They have also made proposals to have TikTok and other social media platforms without a monetisation policy, and to introduce a monetisation policy in the country to enable content creators to earn directly from their content.

Ruaraka MP Tom Kajwang seconded the motion, saying the question of TikTok is an important discussion which leaders must have.

“We are leaders, and the Constitution has given us the mandate, especially of oversight. Oversight involves issues which concern the people and for which the institutions are made but we are also parents. Those in my age are raising teenage children, who are growing and becoming adults but we worry about them every time,” he said.

Minority Whip, Millie Odhiambo, argued that there are predatory tendencies and though there are laws already providing for that, there is need for clarity about what age can access what information.

“It’s not just explicit sexual content, but even a variety of things. Even in the Children Act, we talk about depending on their evolving capacities, but in social media, we are not looking at children’s evolving capacities. So, we must be brave as House and look at experts in different sectors because technology will look at issues of the law, child protection,” she said.

But Kirinyaga Woman Rep Njeri Maina questioned why this is coming up now, the rationale behind it and how extensive the regulations will be.

“Will they be used to stifle dissent, key fundamental rights and freedoms guaranteed by the Constitution? I ask this because we do not live in a vacuum. We have seen that autocratic governments that seek to govern absolutely stifle any means of communication that the young people use to reach out to each other, to engage as a community,” she said.

“I have heard members say they saw very graphic details on TikTok. TikTok operates on a very sequential algorithm; it operates on a “for you page” so it feeds you what you search for. It feeds you the information that you are looking for. It is, therefore, important that perhaps before we utter some things on this floor, we are aware of how TikTok operates,” Njeri insisted.