Why Kenyan MPs Rejected a TikTok Ban and Chose Regulation Instead

Kenyan lawmakers have opted against banning TikTok, choosing instead to pursue regulation as a way to protect minors, safeguard local data, and preserve the country’s fast-growing digital economy.

The decision follows a petition filed in 2023 by consultant Bob Ndolo calling for a total ban of TikTok over concerns that the platform exposes young people to explicit content and undermines cultural and religious values.

After months of review, Parliament concluded that an outright ban would infringe on constitutional rights and risk harming livelihoods tied to the digital economy.

In its report on the petition, the Public Petitions Committee of the Parliament of Kenya ruled that prohibition was “not tenable,” arguing that social media platforms have become central to communication, creativity, and entrepreneurship, particularly among young Kenyans.

Protecting Minors

One of the strongest drivers behind the push for regulation is concern over minors’ safety.

MPs cited growing evidence linking excessive social media use to mental health challenges, social isolation, and exposure to harmful content.

Legislators pointed to late-night livestreams and viral trends that they say often fall outside Kenya’s cultural norms and can be easily accessed by teenagers.

Rather than banning the platform, MPs directed the government to strengthen age-verification mechanisms and content moderation.

The Ministries of Interior and of Information, Communication and the Digital Economy have been given four months to report back on how platforms like TikTok can better prevent underage access and limit harmful material, while still allowing lawful expression.

Data Sovereignty

Data privacy emerged as a second major reason behind the proposed regulatory route.

Lawmakers expressed concern over how Kenyan user data is collected, processed, and stored by global platforms.

The committee recommended data localisation measures that would require Kenyan user data to be retained within the country, supported by local infrastructure.

The Office of the Data Protection Commissioner has been tasked with engaging social media companies to assess compliance with the Data Protection Act of 2019, including whether platforms have effective privacy terms tailored to Kenya.

The ODPC is expected to report on the effectiveness of age checks, data protection safeguards, and content filtering.

This focus mirrors global trends. The European Union has moved aggressively under its Digital Services Act to force large platforms to explain their algorithms, strengthen protections for minors, and reduce addictive design features.

Kenyan MPs referenced these international precedents but stressed that any solution must fit Kenya’s legal and social context.

Digital Economy

Another key reason MPs rejected a ban is the role TikTok plays in Kenya’s digital economy.

Thousands of creators, small businesses, and influencers rely on the platform for income, marketing, and audience reach.

Lawmakers warned that a shutdown would stifle innovation and cut off economic opportunities, especially for youth.

Instead, Parliament wants stronger oversight powers. The house asked a committee to propose amendments to the Kenya Information and Communications Act to give the Communications Authority of Kenya clearer authority to regulate social media platforms operating in the country.

This would include periodic compliance reviews and enforcement powers where platforms fall short.

MPs also want platforms without formal monetisation policies to introduce mechanisms that allow Kenyan creators to earn directly from their content, ensuring that economic benefits are not one-sided.

If successful, Kenya’s approach could offer a model for other countries grappling with how to rein in powerful social media platforms without shutting them down entirely.

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