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A parliamentary committee has dismissed proposals to completely ban TikTok in Kenya, warning that such action would violate constitutional rights and hurt the country’s digital economy.
Instead, legislators are backing tougher regulations that would require TikTok and similar platforms to store Kenyan users’ data within the country and adhere strictly to local laws.
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The recommendations are outlined in a report tabled for debate in the National Assembly of Kenya, following weeks of public participation and consultations with stakeholders.
Although the Committee on Communication, Information and Innovation acknowledged concerns over harmful content, child protection, and data privacy, it concluded that banning the app would not be a practical solution. The report, responding to a petition by Kisumu politician Bob Ndolo, states that a total shutdown would infringe on fundamental freedoms and undermine social and economic progress driven by internet access.
Rather than blocking the platform, MPs are calling for coordinated action by multiple state agencies to ensure compliance with Kenyan laws — a move that could significantly reshape social media regulation in the region.
A key proposal is data localisation. The Ministries of Interior and ICT would be required to ensure platforms establish local systems to keep Kenyan user data within national borders, addressing concerns that most data is currently stored abroad.
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The Office of the Data Protection Commissioner would also conduct audits to assess compliance with the Data Protection Act, 2019. Lawmakers are further seeking a review of age-verification measures and advocating for Kenya-specific privacy terms aligned with domestic legislation.
Content moderation is another focus area. The committee has recommended an audit of Artificial Intelligence systems used to detect inappropriate material, urging improvements in recognising local languages and dialects. It also called for an increase in locally knowledgeable human moderators, along with proper psychosocial support due to the distressing nature of reviewing harmful content.
On the economic front, MPs want platforms that lack local monetisation frameworks to introduce them, enabling Kenyan creators to earn revenue directly from their content, similar to creators in Europe and North America.
To give effect to the reforms, Parliament intends to amend the Kenya Information and Communications Act, granting the Communications Authority of Kenya formal oversight over social media platforms and mandating regular compliance reviews.
Relevant ministries and the Data Commissioner would have four months after adoption of the report to begin implementing the recommendations and submit progress updates to the House. A vote on the proposals is expected soon.
However, some MPs have expressed reservations, questioning the timing and scope of the proposed rules and warning that poorly designed regulations could potentially restrict free expression and constitutional freedoms.
