This archive report was first published on 14 November 2019.
On November 11, 2019, the Parliamentary ICT Committee made a landmark decision to reject the proposed Kenya Information and Communication Act Amendment Bill (Social Media Bill). The bill, which had been sponsored by Malava MP Moses Injendi, aimed to impose draconian regulations on social media platforms.
The proposed bill would have required administrators of blogs, Facebook, and WhatsApp groups to register with the Communications Authority and pay a prescribed fee to obtain licenses. It also sought to compel administrators to collect personal data of users, regulate content, and approve members who must be over 18 years old.
Furthermore, the bill proposed that administrators provide periodic information to the Communications Authority of Kenya regarding their physical addresses and those of their members. The bill also suggested punitive punishments, including a KSh. 200,000 fine or a one-year imprisonment for persons found to be in contravention of various provisions.
Lawyers Hub, a local advocacy group, had submitted that the bill had several flawed provisions. They argued that the requirement to use legal documents of users in their registration violated users' right to privacy. The group also contended that holding a journalist and a blogger to the same standard was flawed, as the bill had defined blogging in the same manner as the Media Act had defined journalism.
With the rejection of the Social Media Bill, Kenyans can breathe a sigh of relief. The decision is a significant victory for free expression and a testament to the power of advocacy and activism.
