Meta, TikTok and X face mandatory reporting obligations under proposed Kenyan law

Kenya is proposing new social media regulation that would require Meta, TikTok, X and other digital platforms to report unlawful activities on their services to the Communications Authority of Kenya (CA), bringing foreign technology companies under a formal reporting and compliance framework.

The Ministry of Information, Communications and the Digital Economy wants providers of content-sharing applications and other online platforms operating in the country to report activities such as sexual exploitation, cyberbullying and impersonation, alongside the remedial action taken. The proposal is contained in the Kenya Information and Communications Amendment Bill 2026, which seeks to introduce a new Section 85C into the existing Act.

“The proposed section is intended to protect users in Kenya, enhance online safety and ensure that providers delivering services to users in Kenya are accountable under Kenyan law,” the Bill states.

What Kenya’s proposed social media rules require

Under the proposed amendment, digital platform providers would have to notify the CA of their particulars and the services they offer. The regulator would maintain a register of platforms used by Kenyans, receive and facilitate the resolution of user complaints, and monitor compliance with the new requirements.

The proposed obligations also extend to platform operations. Providers would have to ensure the availability and safety of their services, publish the policies and terms governing their use, and establish mechanisms through which users can submit complaints and seek redress.

The Bill defines a digital platform as an online environment that facilitates interactions, transactions and content sharing among users. A provider is defined as a person operating such a platform, a definition that brings services such as Facebook, Instagram, WhatsApp, TikTok and X within the proposed regulatory framework.

The reporting requirement would cover unlawful activity and the remedial measures taken by providers. This creates a statutory reporting obligation alongside the content moderation systems that social media companies already operate under their individual terms of service.

TikTok, for example, reported removing 884,591 videos in Kenya during the first quarter of 2026. The company said 99.7% of the videos were removed proactively, before users reported them, while 96.3% were taken down within 24 hours. The figures illustrate the scale of content enforcement already taking place on the platform, while the proposed amendment would introduce a formal reporting relationship with the Kenyan regulator.

Parliament had already pushed for tighter platform oversight

The proposed amendment follows Parliament’s earlier efforts to establish stronger oversight of social media companies, particularly after concerns about harmful content on TikTok.

In February 2026, Parliament rejected an outright ban on TikTok and instead recommended stronger regulation, compliance reviews and additional safeguards for users. Its recommendations included directing the relevant parliamentary committee to introduce amendments to the Kenya Information and Communications Act to give the CA a role in regulating social media platforms.

Parliament also called for engagement between the Office of the Data Protection Commissioner and digital platforms on data protection compliance, age verification and content filtering. Other recommendations addressed AI-powered moderation systems and their ability to recognise Kenyan languages and local dialects.

The government subsequently pursued greater local accountability from foreign platform operators. In May 2026, ICT Cabinet Secretary William Kabogo said X should establish a local office within three months, linking the requirement to online safety, harmful content and child protection.

The November proposal takes the regulatory approach further by placing platform registration, reporting and complaint-handling obligations within the proposed amendment to Kenya’s communications law. It would apply to providers serving Kenyan users, including companies whose operations are based outside the country.

Privacy and freedom of expression remain central to enforcement

The proposed reporting framework also brings questions about privacy and freedom of expression into the discussion, particularly because platforms handle personal information and communications involving millions of users.

Kenya’s Computer Misuse and Cybercrimes Act already criminalises several forms of online abuse, including cyberbullying and harassment, with some offences attracting fines of up to KSh20 million or imprisonment. Platforms also prohibit activities such as child exploitation, human trafficking, doxing, impersonation and the distribution of abusive material under their own policies.

The legal distinction matters because a violation of a platform’s community guidelines does not automatically constitute a criminal offence under Kenyan law. The proposed reporting framework places greater emphasis on unlawful activity recognised under domestic legislation.

Recent court decisions also provide context for the debate. In July 2026, the High Court struck down provisions of the Computer Misuse and Cybercrimes (Amendment) Act 2025 concerning website and application blocking powers. In September, another High Court ruling challenged extensive passenger and driver data retention requirements imposed on ride-hailing platforms, bringing constitutional privacy protections and the Data Protection Act into focus.

The Communications Authority’s proposed role also intersects with the responsibilities of other institutions. The Office of the Data Protection Commissioner oversees personal data protection, while the Media Council of Kenya and the National Cohesion and Integration Commission have responsibilities relevant to aspects of online content and public communication.

For social media companies, the proposed amendment would establish another formal compliance responsibility in a market where their services support communication, entertainment, business promotion and public debate. For Kenyan users, the framework would place the CA in a more direct position to receive complaints and monitor how platforms respond to unlawful activity.

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