Ichung'wah Opposes CEO's Petition To Ban TikTok In Kenya
Speaker, Moses Wetangula had announced that a Kenyan, Bridget Connect Consultancy CEO Bob Ndolo, presented the petition seeking the total ban of the popular social media platform over its explicit content.
Marvin Chege 
National Assembly Majority Leader, Kimani Ichung'wah on Tuesday, August 15 argued that the petition before the National Assembly to ban the social media platform TikTok in Kenya risks reversing the gains made by content creators regarding earning money from the platform.
Speaker, Moses Wetangula had announced that a Kenyan, Bridget Connect Consultancy CEO Bob Ndolo, presented the petition seeking the total ban of the popular social media platform over its explicit content.
Ndolo claimed that TikTok is promoting violence, explicit sexual content, hate speech, vulgar language, and offensive behaviour among the youth, further pointing fingers at the Communications Authority of Kenya (CA) for failing to regulate the platform.
He further argued that due to the lack of regulation and the app's addictive nature, the country may witness a decline in academic performance and a rise in mental health issues among the youth.
Social media apps on a phone. /MEDIUM.COM
The petitioner alleged that TikTok collects a significant amount of data on its users including information about their device, location, and browsing history, and shares it with third-party companies without users' consent, referring to past cases whereby the platform has been involved in controversies across the world for illegally collecting data from users.
"TikTok has been implicated in several privacy scandals over the past years. For instance, in 2019, the app was fined $5.7 million by the USA Federal Trade Commission for illegally collecting personal information from children under the age of 13 by collecting data such as names, email addresses, and locations from young users without their parents consent thus violating Children's Online Privacy Protection Act," read part of the petition.
Wetangula directed the Public Petitions Committee to consider the petition and present a report on the findings to the House after 60 days.
Ichung'wah however argued that the petition was presented in bad faith and termed it a mistake to ban the platform from the country owing to the explosive rise in technology, and instead offering to regulate the content shared on the platform.
"We cannot as a House preside over banning of any app, we cannot fight with technology. Ndolo should have petitioned the house to look at ways to regulate the use of these apps, and how the ICT department will be able to regulate the content," he explained.
"Outright banning would be killing careers. The government now appreciates this as an industry we can raise revenues. We just need to regulate."
Ichung'wah challenged Ndolo to provide a framework for the regulation of content on the platform instead of blanket-banning it from the country, which would threaten to kill the careers and source of income young people make from the app with their content.
“The petitioner should come to seek on how to regulate the usage of the app, age group and content uploaded for a certain age to watch, outright banning would be killing careers of many young people who are earning a living through it,” Ichung’wa said, further suggesting heavy fines for anyone sharing explicit content.
“These apps are part of the government effort where young men and women can create content for use in TikTok and snap chat to earn a living."
Minority Leader, Opiyo Wandayi, sided with Ichung'wah by arguing that Kenya cannot afford to operate in isolation in a globalised world.
"As a country which is responsible, we should be looking for other apps to help them create content and earn a living," he suggested.
On her part, Kirinyaga woman representative Njeri Maina lamented that there is a high unemployment rate in the country especially among young people hence MPs cannot ban TikTok but can regulate the content uploaded to it.
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.
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.
"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 suggested during an interview with NTV.
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
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.
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