MPs back TikTok regulation, say total ban unnecessary

Lawmakers have rejected calls for a blanket ban on TikTok, instead backing sweeping new regulations they say will protect children, safeguard data and rein in harmful content.

They said regulations should be put in place without undermining constitutional freedoms or the country's growing digital economy.

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Debating a report by the National Assembly Petitions Committee, MPs agreed that while TikTok has the risks of data privacy breaches, misinformation and exposure of minors to harmful material, an outright ban poses adverse consequences.

“A total ban of TikTok is not tenable because it infringes upon fundamental rights and freedoms,” the committee noted in its report on a petition filed by Kisumu politician Bob Ndolo.

Presiding over the debate, Speaker Moses Wetang'ula was categorical that Parliament was not outlawing the app.

“The motion before the House is not for banning TikTok; it is for the regulation of TikTok,” he said, adding that MPs had a legal and moral duty to protect children and families from harmful content.

He also castigated the acts of misinformation surrounding the motion.

“Anybody who spreads misinformation that this Parliament is debating to ban TikTok is highlighting exactly the problem this motion addresses—misinformation, disinformation and fake news.”

Dagoretti South MP John Kiarie urged colleagues to treat the matter as a policy issue rather than a moral crusade.

“This motion must be seen as a policy debate, not a moral panic,” he said.

Kirinyaga Woman Representative Njeri Maina voiced caution, warning against regulatory overreach.

“I have read this report extensively… I ask myself, why now, how extensive will these regulations be? Will they be used to stifle dissent and fundamental rights guaranteed by the constitution?” she posed.

Saku MP Dido Rasso backed tighter controls, saying wide access to social platforms demanded stronger oversight.

“We have a moral duty to say that what’s not right in this country is not right,” he said.

Majority leader Kimani Ichung'wah framed the debate around parental fears.

“Very few are able to distinguish between fake and real. That is the danger with social media platforms that are not regulated. Children think those doing the things they copy are heroes,” he said, stressing again: “We are not banning TikTok”.

Dagoretti North MP Beatrice Elachi urged users to exercise restraint, even as MPs called for tougher action against posts that promote crime, extremism and other illegal acts.

It warned that blocking the platform would also “stifle social and economic growth and benefits of internet connectivity as the nation seeks to enhance its digital economy”.

Instead, Parliament endorsed a strict regulatory framework that would compel TikTok and other social media platforms to fully comply with the Kenyan law.

MPs said there was a need to overhaul social media governance in the region.

At the centre of the proposals is to store TikTok data locally.

The committee wants the Interior and ICT ministries to ensure platforms establish local infrastructure so Kenyan user data is stored within the country.

MPs cited concerns over sovereignty and national security as most data currently sits on overseas servers.

For enforcement, Parliament plans amendments to the Kenya Information and Communications Act (Cap 411A) to formally empower the Communications Authority to regulate social media platforms and conduct periodic compliance reviews.

“The committee recommends that social media platforms including TikTok be regulated and periodic compliance reviews by the relevant state agencies be institutionalised,” the report states.

Relevant ministries and the Data Commissioner have been given four months from adoption of the report to begin implementation and table progress updates in the House.

The Office of the Data Protection Commissioner would be required to audit compliance with the Data Protection Act, 2019.

Social media platforms would be required to introduce Kenya-specific privacy terms, aligned to local laws.

MPs also want a detailed assessment of how effective age-verification tools really are.

On content moderation, the committee called for an audit of TikTok’s Artificial Intelligence systems, pushing for algorithms trained in local languages and dialects, alongside increased human moderation by reviewers familiar with the Kenyan context.

It further recommended psychosocial support for moderators exposed to traumatic material.

To boost the creator economy, the report urges TikTok and other platforms without local monetisation frameworks to roll them out, allowing Kenyan creators to earn directly from their content—citing case studies of Europe and North America.

INSTANT ANALYSIS

With the move, Kenya will move from debating whether to ban TikTok to building a comprehensive regulatory regime. This will be as it'll seek to balance innovation and free expression with child protection, data sovereignty and public safety.