Social media companies operating in Kenya could soon be required to report illegal activities taking place on their platforms to the government under proposed changes to the country’s digital laws.
The proposal, contained in the Kenya Information and Communication Amendment Bill 2026, seeks to make technology companies more accountable for content shared through their platforms, including Facebook, WhatsApp, Instagram, TikTok and X.
The ICT Ministry wants a new section, 85C, introduced into the Kenya Information and Communications Act. The proposed provision would require digital platform providers to report unlawful activities and explain the measures they have taken to address them.
Some of the activities targeted include sexual exploitation, cyberbullying, harassment and impersonation. Other offences that could fall under the proposed regulations include identity theft, online fraud, phishing, digital piracy and the distribution of terrorist or extremist content.
Under the proposed changes, platform operators would also be required to submit their business details and information about the services they provide to the Communications Authority of Kenya (CA).
The regulator would then maintain a register of digital platforms operating in the country, receive complaints from users and oversee compliance with the proposed requirements.
The Bill further requires companies to ensure their platforms remain available and safe for users. They would also have to make their terms of service, policies and conditions easily accessible while establishing systems through which customers can report complaints and seek solutions.
The government says the changes are intended to improve online safety and ensure companies serving Kenyan users follow local laws, even when their headquarters are based outside the country.
Although some platforms already publish transparency reports showing the number of accounts suspended and content removed for violating their rules, the proposed amendments would make reporting illegal activities and the action taken against them a legal obligation.
Kenya continues to deal with online offences, including cyber fraud, harassment and the misuse of personal information. Under the Computer Misuse and Cybercrimes Act, offences such as cyberbullying and harassment can attract fines of up to Sh20 million or imprisonment.
The government has previously considered requiring social media companies to establish physical offices in Kenya to improve oversight of their operations. However, the latest proposed amendments do not include a requirement for foreign platforms to open local offices.
Google, which owns YouTube, and Microsoft, which owns LinkedIn, already have physical offices in Nairobi. TikTok also agreed to establish a Nairobi office in 2023 following pressure from Parliament over concerns about explicit content on its platform.
If adopted, the proposed changes would give the Communications Authority a stronger role in monitoring digital platforms and handling complaints from Kenyan users.