Social media companies including Meta, TikTok and X could face new reporting obligations in Kenya under the Kenya Information and Communications Amendment Bill 2026, proposed by the ICT Ministry to strengthen online safety and enforce domestic laws. Platforms would have to notify the Communications Authority of Kenya (CA) about unlawful activities and action taken.
The amendment seeks to introduce Section 85C into the Kenya Information and Communications Act, creating a framework for regulating digital platforms used in Kenya. It covers online environments facilitating interactions, transactions and content sharing, potentially bringing Facebook, Instagram, WhatsApp, TikTok and X under the requirements.
Platforms would be expected to report offences including sexual exploitation, cyberbullying, harassment and impersonation. Other activities covered could include identity theft, cyber fraud, phishing, digital piracy and the distribution of terrorist or extremist content.
Providers would also have to submit details about their operations and services in Kenya. The CA would maintain a register of digital platforms, receive and facilitate user complaints, and monitor compliance with the proposed requirements.
The Bill further requires providers to keep their services available and safe, publish their terms and policies, and establish complaint-handling mechanisms. The obligations would apply to companies serving Kenyan users even when headquartered abroad.
The reporting system would go beyond company-led transparency disclosures already published by some platforms. TikTok, for example, releases periodic reports on videos removed and accounts suspended for breaching its community guidelines. If enacted, the amendment would make reporting unlawful activity and remedial action a legal obligation.
The proposal comes as Kenya strengthens oversight of online conduct. Under the Computer Misuse and Cybercrimes Act, cyberbullying and harassment can attract fines of up to KSh 20 million or imprisonment.
The government has previously considered requiring social media companies to establish local offices, but that measure is absent from the latest proposal. The Bill's progress through the legislative process will determine whether the CA receives the proposed powers and how platforms must comply. The proposal remains at the legislative stage and is not yet law.
