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How does social media firms setting offices in Kenya affect free speech?

The Kenyan government, through the Ministry of Interior, has directed all social media companies operating in Kenya to establish a physical presence within the country.

“The increasing misuse of social media… necessitates immediate and decisive measures.”

The Ministry of Foreign Affairs accuses Kenyans on social media of undermining the credibility of the government. The government wants social media firms in Kenya to have a physical office, but social media experts claim that they want to access the social media back end and stop those criticising them, just like they are doing with Safaricom.

How does a directive affect free speech?

The directive for social media companies to establish physical offices in Kenya could potentially limit free speech by giving the government more direct control over these platforms, allowing for easier regulation or censorship under the guise of compliance.

Critics argue that this move might be an attempt to silence critical voices, as seen in similar situations in India and Nigeria, where governments aimed to control narratives by pressuring social media entities.

By forcing compliance, the government might use non-compliance as an excuse to target and possibly shut down platforms that host dissenting opinions, thereby threatening access to diverse information and free expression in Kenya.

What motivates the Kenyan government’s directive?

The directive is motivated by a need to enhance responsibility and accountability in managing disinformation, social media manipulation, and online abuse within Kenya.

It aims to curb the increasing misuse of social media for activities like harassment, hate speech, and incitement to violence.

The Kenyan government seeks stricter compliance from social media companies to combat criminal activities online, suggesting this directive is part of a broader strategy to regulate social media more effectively.

According to experts, the government is making another mistake. The youth were blocked from physical protests and turned to protests on social media.

That energy may be directed somewhere else, like in emails, hacking government systems like DDoS, using the black/dark web, or criminal activities in the country.

“You can only redirect energy by giving out an alternative. Otherwise, it is a time bomb,” Rev. John Mambo spoke on the phone from Zambia.

“The Kenyan government’s directive for social media companies to set up offices in the country is unnecessary.

“These companies already have policies to deal with misuse and regulate their platforms. This move looks like a desperate attempt by a regime to lose the information war.

“For example, X (formerly Twitter) successfully fought similar laws in countries like India and Nigeria, where governments tried to force them to open offices.

“In those cases, the real aim was to silence critical voices by threatening to shut down companies that didn’t comply. These companies should not be intimidated by small regimes like Kenya if they fight Nigeria and India and win.

“This directive could be part of a bigger plan to target and close social media platforms under the excuse of non-compliance,” he added.

It’s a dangerous path that threatens freedom of speech and access to information in Kenya, but it will be interesting to see what President William Ruto will do, as it looks like a losing war on his part and another series of wrong advice that those close to him are giving him.

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