Governments around the world have moved to regulate social media platforms more aggressively. From policies targeting hate speech to legislation aimed at curbing misinformation, these laws are often introduced under the banner of public safety. But as they expand, a critical concern emerges. These regulations are limiting free expression in the process.
Kenya, for instance, with one of the most active online communities in Africa, Kenya’s digital space has long been a platform for civic engagement, social movements, and political accountability. From the #OccupyParliament protests to the #RejectFinanceBill2024 movement, social media has played a powerful role in mobilizing citizens. But with increased scrutiny has come a growing fear of censorship.
In recent months, online content creators, bloggers, and even ordinary citizens being surveilled, summoned, or abducted under mysterious circumstances often after expressing dissent or criticizing the government which raises concern on digital repression. These incidents, many of which remain unresolved, have created a chilling effect on digital expression in the country.
At the policy level, proposals such as the 2024 ICTA Bill and discussions around regulating bloggers and online platforms also rings bells among civil society groups and digital rights defenders. For instance, its been argued that the language used in legislation is too vague, potentially opening the door for abuse. Phrases like “false information” or “content that undermines public morality” are open to interpretation and in politically charged contexts, that interpretation often leans toward silencing dissent.
While the government has always maintained that its aim is to protect users from harmful content, misinformation, and online fraud, the lack of transparency and due process in enforcement makes the law susceptible to misuse. The Kenya Film Classification Board (KFCB) has in the past also threatened content creators with takedowns for not adhering to licensing rules, blurring the line between regulation and censorship.
Social media platforms, for their part, are increasingly being pressured to comply with takedown requests sometimes without verifying the legitimacy of those demands. In such cases, content that challenges power or highlights injustice is often the first to disappear.
As more Kenyans turn to platforms like X, TikTok, and Facebook to voice their opinions and demand transparency, the government must uphold, not undermine, their right to be heard. Free expression, especially online, is not a threat to democracy it is one of its pillars. And while guardrails are important in any public space, they must never become gags.