This archive report was first published on 24 September 2019.
Published on September 24, 2019, a Bill aimed at regulating social media in Kenya has sparked controversy with its radical proposals. The Bill, sponsored by Malava MP Malulu Injendi, seeks to require social media group administrators to obtain licenses from the Communication Authority of Kenya (CAK) before setting up groups.
According to the Bill, users and group administrators who allow offending content on their social media platforms could face imprisonment for up to one year or pay a fine of up to Sh200,000. The Bill defines social media platforms to include online publishing, media sharing, blogging, social networking, and other forms of online content sharing.
Facebook and WhatsApp group administrators will also be required to keep tight control on their members and kick out those who post offending content. The owner of the media platform will also be required to carry out due diligence to ensure that all its users are of age.
The Bill also proposes that bloggers who collect, write, edit, and present news or news articles in social media platforms or on the internet must register with the CAK and adhere to a bloggers' code of conduct. Failure to comply could result in up to two years in jail or fines of up to Sh500,000.
“A social media user shall ensure that any content published, written or shared through the social media platform does not degrade or intimidate a recipient of the content,” states the Bill. “Any person who contravenes the provision of this section commits an offence and shall be liable upon conviction to a fine not exceeding two hundred thousand shillings, or to an imprisonment of a term not exceeding one year,” it adds.
