MPs back Bill empowering authorities to shut rogue websites, deactivate accounts

MPs back Bill empowering authorities to shut rogue websites, deactivate accounts

If passed, the Bill will give Kenya one of the strictest regulatory frameworks for online safety in the region, allowing authorities to act decisively against cybercrime while protecting minors and digital users.

Kenya is set to strengthen control over its digital space as MPs back a proposed law aimed at tackling online criminal activity, child exploitation, and fraudulent practices.

The Computer Misuse and Cybercrimes (Amendment) Bill, 2024, nearing final approval, seeks to empower authorities to remove harmful content, shut down rogue platforms, and act swiftly against digital crimes before they escalate.

The legislation would allow courts and investigative agencies to order the closure of websites, delete illegal content, and compel offenders to remove harmful material.

Under Section 46A, authorities could request urgent intervention to prevent the spread of unlawful content, with courts granted wide discretion to authorise content removal from devices or platforms.

A key feature of the Bill is proactive enforcement. Investigators would not need to wait for offences to occur before acting, allowing them to obtain court orders in anticipation of potential harm.

The law covers platforms distributing child sexual material, extremist content, cult-related activity, and other criminal networks online.

Offenders could be ordered to remove content, deactivate accounts, or even shut down devices. Authorities may also seek pre-emptive shutdowns of platforms suspected of enabling criminal activity.

The inclusion of “terrorism” among the offences that could justify website closures sparked debate, with some MPs cautioning against potential misuse.

Dagoretti South MP John Kiarie highlighted the need to address online scams. The Bill broadens identity theft to include password theft and explicitly criminalises digital impersonation, phishing, and unauthorised data collection.

“What we are observing is that phishing is becoming the order of the day,” Kiarie said. “We seek to avert these increasing incidences of phishing, which can be executed by use of hyperlinks... stealing identities, money and private information.”

SIM card misuse, another major avenue for fraud, will also face tighter regulation. The Bill proposes limits on multiple unregistered SIMs and stricter oversight of SIM swaps.

Lawmakers stressed that online child exploitation has largely gone unchecked. Dagoretti North MP Beatrice Elachi noted that the amendments respond to international pressure, particularly from the European Union, for Kenya to better police digital child abuse.

“This comes to cure the challenge they have been telling us we have,” she said.

If passed, the Bill will give Kenya one of the strictest regulatory frameworks for online safety in the region, allowing authorities to act decisively against cybercrime while protecting minors and digital users.

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