Kenya is proposing stricter regulations for social media and digital platforms, with new legislation requiring companies including Meta, TikTok and X to report illegal activities on their services to the Communications Authority of Kenya (CA).
The proposed Kenya Information and Communications (Amendment) Bill 2026 seeks to introduce a new Section 85C into the Kenya Information and Communications Act, establishing additional compliance and reporting obligations for online platforms serving users in the country.
Under the proposed amendments, content-sharing applications and other digital platforms would be required to register their details and services with the CA and report unlawful activities, including sexual exploitation, cyberbullying and impersonation, together with the measures taken to address such incidents.
The requirements would extend to all service providers operating in the Kenyan market, including companies headquartered outside the country. Platforms covered by the proposed definition include Facebook, Instagram, WhatsApp, TikTok and X.
According to the Bill, the proposed provisions aim to “enhance online safety and ensure that providers delivering services to users in Kenya are accountable”.
The CA would be responsible for maintaining a register of digital platforms serving Kenyan users, receiving and facilitating the resolution of complaints, and monitoring compliance with the proposed requirements.
Platforms would also be expected to maintain safe and accessible services, publish their policies and terms of service, and establish mechanisms through which users can submit complaints and seek redress.
A separate Online Safety Bill 2026 proposes broader obligations. The draft legislation introduces a duty of care for providers of regulated online services, including social networks and search engines, requiring them to conduct annual risk assessments covering recommendation algorithms and content distribution practices.
Companies found to have breached their duty of care could face penalties of up to US$3.9 million, or 10 per cent of their annual global turnover, whichever amount is higher.
The proposed legislation also introduces potential personal liability for senior executives who consent to, participate in or are grossly negligent in regulatory breaches. Penalties could include fines of up to approximately US$77,300, imprisonment for up to five years, or both.
Child online safety is another area addressed in the draft. Platforms would be required to obtain parental consent for children using regulated services, with proposed age-verification methods including credit card checks, identity cross-referencing and decentralised digital identity systems.
However, the proposals do not introduce a general requirement for platforms to scan private messages. Any such scanning would have to satisfy requirements relating to necessity, proportionality and data protection.
The CA would serve as the principal regulator, with authority to issue compliance notices and impose civil penalties. Providers would retain the right to appeal regulatory decisions to the Communications and Multimedia Appeals Tribunal within 30 days.
The proposals follow growing parliamentary and government scrutiny of social media platforms operating in Kenya.
In February, Parliament rejected an outright ban on TikTok, instead calling for stronger regulation, compliance reviews and improved user safeguards, including an expanded regulatory role for the CA. It also called on the Office of the Data Protection Commissioner to engage platforms on age verification, content filtering and artificial intelligence moderation systems capable of recognising Kenyan languages.
In June, ICT Cabinet Secretary William Kabogo told senators that X would need to establish a physical office in Kenya within three months or risk losing its approval to operate.
Taken together, the proposed measures signal a broader regulatory shift in Kenya’s digital media environment, with potentially significant implications for global technology companies, social media operators, content creators and digital publishers serving audiences across the country.
