Govt Plotting Crackdown On TikTok Live Sessions- CS Owalo

The CS noted that where necessary, the Ministry of Information, Communication, and the Digital Economy will impose stricter measures to seal off loopholes that allow the abuse of social media platforms.

Govt Plotting Crackdown On TikTok Live Sessions- CS Owalo
A graphic description of TikTok live. /FILE

ICT Cabinet Secretary Eliud Owalo on Wednesday, August 2 promised to review the regulatory frameworks in place to regulate night TikTok live sessions accused of airing immoral content.

Speaking during an interview with NTV, Owalo revealed that the move was part of the government's commitment to curb the misuse of social media platforms.

The CS noted that where necessary, the Ministry of Information, Communication, and the Digital Economy will impose stricter measures to seal off loopholes that allow the abuse of social media platforms.

He particularly hinted at amending the Computer Misuse and Cyber Crimes Act so as to safeguard Kenyans from pornographic content shared on TikTok. 

ICT CS Eliud Owalo speaking during the launch of Jitume Centre at Kitale National Polytechnic, Trans Nzoia County on June 28, 2023. /FACEBOOK.ELIUD OWALO

"If there is a way that we should strengthen the existing policy and regulatory framework we will go ahead and do that. If there are concerns with feasible proposals on how we can improve the Computer Misuse and Cyber Crimes Act 2019 we are willing to review and update the act while in partnership with other arms of government like the National Assembly," he said.

Owalo in general stated that the ministry would intervene by reviewing the law guidelines to ensure that children are not exploited on online platforms that attract a mass number of users.

He particularly expressed concern regarding the now-popular trend of TikTok users going live during the wee hours of the night, that is from 11 pm to 3 am, sharing explicit content.

"That has guidelines within the confines of the law that we should not exploit children in the cyberspace and let us start with self-introspections as Kenyans," he went on.

Owalo further urged Kenyans to also take personal responsibility and aid in the fight against cybercrimes, noting that the rate at which social media has permeated society has made efforts by the government to contain it within the purview of the law difficult.

"I have said and I want to repeat that we may have laws that must also be augmented with the responsibility of Kenyans.

"We cannot leave everything to law. The law may exist but we still dance around the law. We must change the mindset of the people," he added.

The CS however did not give details regarding the timelines the government would implement the strategies nor whether he would coordinate with other ministries and the tech giants.

He was responding to complaints raised by several Kenyans who pointed an accusing finger at the government being lagging in dealing with sexually explicit content, some of which have seen Kenyans ignore their privacy to make money by any means online.

The Computer Misuse and Cyber Crime Act provides for offences relating to computer systems to enable timely and effective detection, prohibition, prevention, response, investigation and prosecution of computer and cybercrimes.

Some of the offences include Cyber espionage, unauthorised access to ICT systems, publication of false information, child pornography, identity theft, cyber harassment, and cyberterrorism, among others.

One of the offences for instance deals with individuals planning to disseminate or share child pornography which attracts a fine of not more than Ksh20 million.

Social media apps on a phone. /MEDIUM.COM

"Such a person commits and is liable, on conviction, to imprisonment for a term not exceeding twenty-five years," reads the Act in part.

How Users Make Money Through TikTok LIVE

TikTok users make money through the platform's LIVE Gifts feature which lets creators earn diamonds, part of the platform's virtual currency that can be exchanged for real cash.

One simply signs up, goes live, and watches the diamonds, and dollars, stream in. TikTok's LIVE Gifts let creators earn money through TikTok's internal virtual economy.

According to reports from top influencers, TikTok pays around $0.02 (Ksh2.85) and $0.04 (Ksh5.70) for every 1,000 views.

These are reports based on payments received through the TikTok Creator Fund, a program that TikTok introduced in 2021 in a bid to compensate content creators for creating content on the platform.