Government to regulate explicit content on Tiktok, says CS Owalo

The government will review the existing policies and regulatory frameworks to combat the rise in cases of explicit content shared on social media platforms, Information, Communication, and Digital Economy CS Eliud Owalo has said.

The CS, who spoke in Nairobi on Wednesday, said that where necessary, the ministry will impose stricter measures to close loopholes that allow social media platforms to be abused.

Owalo expressed concern about a trend by users of the now-popular TikTok going live during the wee hours of the night - 11 pm to 3 am – to share explicit content. “We will review the law guidelines to protect social media users.”

Owalo said his ministry will take action to regulate the rate at which Kenyans share nudes on the video-sharing platform, Tiktok, in the wee hours of the night.

“If there is a way we can strengthen the existing policy and regulatory framework, we will go ahead and do that. If there is a concern with the visible proposal as to how we can improve the Computer Misuse and Cybercrime Act 2019, we are willing to review and update the Act,” said Owalo.

The CS, however, noted there are no loopholes in the Cybercrime Act, saying it is just a matter of enforcing the law. He urged the public to act responsibly within cyberspace.

On the abuse of children with explicit content on social media, Owalo said: "Child protection can only start when we practise a culture and attitude change. Let us start with self-introspection, as Kenyans. We may have laws but they must also be augmented with responsibility on our side.”

In a recent report released by the Reuters Institute Digital News, Kenya is leading in the usage of TikTok in the world.

The content that starts off innocently displaying your likes and interests on your ‘For You’ page soon turns explicit, just as the clock ticks past midnight.

After hours of food videos, movie clips, comedy, and dance, new types of videos begin popping up. It is not just any other video, as it soon becomes clear that there is a ‘buying and selling’ business going on. What is selling? Sex.

To strengthen the enforcement of sexually suggestive content on the video-sharing application, Tiktok has itself put in place measures to safeguard against nudity, sexual activity, and sexually explicit content, including content that directs to adult websites or apps.

“To safeguard For You feeds, TikTok has policies around content categories that are not eligible for a recommendation, including implied nudity, sensual content, and other content that is not suitable for all audiences over age 13,” the app notes.

The Computer Misuse and Cyber Act has provisions for offences relating to computer systems that protect against cyber misuse and child pornography.

The Act states that a person who knowingly engages in sexually explicit conduct or realistic images representing a child engaged in explicit conduct is liable to a conviction, a fine not exceeding Sh10 million or imprisonment for a term not exceeding five years, or both.

Additionally; “A person who intentionally publishes child pornography through a computer or downloads, distributes, transmits, disseminates, sells or offers for sale, or makes available in any way from a telecommunications apparatus pornography is liable, on conviction, to a fine not exceeding twenty million or to imprisonment for a term not exceeding twenty-five years, or both.”