This archive report was first published on 25 September 2019.
Published on September 25, 2019, a proposal in the Kenya Information and Communication (Amendment) Bill, 2019 has sparked outrage among social media users. The bill aims to require administrators of Facebook and WhatsApp groups to obtain licenses from the Communication Authority (CA).
National Assembly Information, Communication and Innovation Committee chairman William Kisang warned that the Bill could be challenged in court if it is approved by Parliament. Kisang described the proposed law as "unimplementable", noting that it is neither practical nor possible to register all social media administrators.
"We will ask the sponsor to explain how it will work. Social media has no boundaries. What is the practicality of licensing all social media administrators in the country?" Kisang asked. He also questioned the feasibility of seeking clearance from the CA for every social media group, citing the example of MPs being added to WhatsApp groups for social causes.
Kisang argued that the Computer Misuse and Cybercrimes Act passed last year had the necessary clauses to regulate social media and address misuse. "That law is very firm and we don’t need a new law. Even if it is passed, someone will go to court and have it declared unconstitutional," he said.
Nominated MP Godfrey Osotsi also expressed concerns about the bill, stating that it was not carefully thought out and the resultant law could be challenged in court. The bill proposes that group administrators take responsibility for any offending content posted on platforms they control.
On The Standard digital platform, the bill elicited mixed reactions, with majority of readers expressing outrage over the proposals. One user compared the proposals to Uganda's regulation of social media, stating, "We laughed at Ugandans when they passed such a law. It has now come closer home," said Oscar Kwama.
