Banning or regulating TikTok in the era of freedom of expression? Really?

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regulating tiktok

A petition has been filed in parliament to ban TikTok in Kenya, citing that the app is inappropriate, promotes violence, vulgar language, explicit sexual content, hate speech, and threatens the cultural and religious values in Kenya. The petition also claims that TikTok collects and shares user data without consent. The petition has sparked a debate among the parliament members and the public. Some argue that banning TikTok would be unfair and counterproductive, as it would deprive the youth of their freedom of expression and livelihood. They suggest that regulating TikTok and its content would be a better solution. Others support the petition and say that TikTok is harmful and dangerous for the youth and the society.

The opinion that TikTok should be banned is based on the assumption that TikTok has no redeeming value and only causes harm to its users and others. The supporters of this opinion cite several reasons for their stance. They say that TikTok exposes the youth to harmful content that can corrupt their morals, values, and beliefs. They argue that TikTok promotes violence, vulgar language, explicit sexual content, hate speech, cyberbullying, and radicalization among the young people. They claim that TikTok violates the cultural and religious norms of Kenya and undermines its sovereignty and identity.

It has also been claimed that TikTok poses a threat to the privacy and security of its users. That TikTok collects and shares user data without consent with third parties, including foreign governments and companies. The proponents of “ban TikTok” warn that TikTok can be used for espionage, surveillance, manipulation, and sabotage by malicious actors.

They also say that TikTok has negative effects on the mental and physical health of its users. They point out that TikTok is addictive and destructive for the young people. They assert that TikTok affects the brain development, attention span, academic performance, and the well-being of the youth. They contend that TikTok causes mental health issues such as depression, anxiety, low self-esteem, body image issues, and sleep deprivation among the users. They conclude that banning TikTok is the only way to protect the youth and the society from its harmful effects. They urge the parliament to intervene and take immediate action to safeguard Kenyans from TikTok’s negative impacts.

Those against banning TikTok have asked the lawmakers to consider regulating the app instead. Their point of view is that TikTok has some benefits but also some risks for the youth and the society. This opinion is based on the belief that TikTok can be a positive force if it is controlled and monitored by the authorities and the users themselves.

The supporters of this opinion acknowledge that TikTok has some drawbacks but also some advantages for its users and others. They say that TikTok provides opportunities for the youth to showcase their talents, learn new things, and earn money from their content. They cite examples of users who have become famous and influential on the platform or who have found remote volunteering or internship opportunities through TikTok.

They also say that TikTok fosters creativity, innovation, diversity, and inclusion among its users. They praise TikTok for allowing users to express themselves freely and authentically through their videos. They commend TikTok for celebrating different cultures, languages, identities, and perspectives on its platform.

They also say that TikTok enhances social connection and communication among its users. They appreciate TikTok for enabling users to interact with each other through likes, comments, messages, duets, challenges, trends, and live streams. They applaud TikTok for creating a sense of community and belonging among its users.

They propose that regulating TikTok is the best way to balance its pros and cons for the youth and the society. They suggest that regulating TikTok means setting rules and standards for its content, operations, and users. They recommend that the parliament should work with the ICT department, the media council, the communication authority, and other stakeholders to formulate and enforce policies and laws that will ensure that TikTok is safe, legal, and ethical in Kenya. They advise that the users should also be responsible and aware of the risks and benefits of using TikTok. They encourage the users to follow the community guidelines, the terms of service, and the privacy policy of TikTok. They urge the users to report and block any inappropriate or harmful content or user on TikTok.

They conclude that regulating TikTok is the only way to maximize its potential and minimize its harm for the youth and the society. They appeal to the parliament to intervene and take appropriate action to regulate TikTok in Kenya.

I am not a fan of TikTok. I have never downloaded the app nor searched for it on the web (except on rare occasions when I am forced to write about it), so I would easily be a happier person in a world without TikTok. But then there is the freedom of speech and freedom of expression that both the “ban” and “regulate” proponents appear to be blind to. Freedom of expression is a fundamental human right, enshrined in Article 19 of the Universal Declaration of Human Rights. The article protects the right to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. It also enables other human rights, such as the right to freedom of thought, conscience, and religion, and the right to freedom of association and peaceful assembly.

Freedom of expression is not absolute, however. It carries with it duties and responsibilities, and may be subject to certain restrictions that are prescribed by law and are necessary in a democratic society. These restrictions may include protecting national security, public order, health or morals, or the rights and reputations of others. However, these restrictions must be proportionate, meaning that they are appropriate and no more than necessary to address the issue concerned.

From the perspective of freedom of expression, it is easy to see why anyone would argue that TikTok should be left alone. That’s because TikTok, just like the Internet itself, is a platform for creativity, learning, and opportunity for its users and others. The Internet in general and TikTok in particular is a reflection of the reality and diversity of the world. TikTok does not create harmful content, its users do. If they don’t create it for TikTok, then they’ll create it for a different platform.

I have come across nude and violent content on Facebook status updates. YouTube has channels that share explicit content (though mildly so). Twitter (now X) has corners where only adults can dare visit. The fact that not many Kenyans have discovered the ‘dark side’ of Facebook, Twitter and YouTube doesn’t mean they won’t… probably they haven’t because they spend most of their time on Telegram and TikTok (by the way why isn’t anyone asking the government to ban or regulate Telegram?) If we go ahead to pass legislation that bans or regulates TikTok, we shall have opened a rabbit hole that ends with nothing less than banning the entire Internet.

Read: State of the art data centre to be launched in Nairobi courtesy of IXAfrica and Tilisi Developments 

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