Kenyan petitioner demands action against X for promoting harmful content

A Kenyan petitioner is seeking a court order to restrain X, formerly Twitter, from allowing the publication and access of content that includes hate speech, incitement to violence, lewdness, and explicit material in Kenya.

Felix Kibet has sued the social media platform, accusing it of failing to regulate harmful content that violates individual rights, erodes public values, and threatens social cohesion.

Kibet wants X to stop the publication of content that advocates hatred, vilifies others, or incites harm.

He also claims that the platform has allowed content that disrespects the rights and reputations of others, which he argues is in violation of Kenya’s Constitution, particularly Articles 10 and 19(3).

“The petitioner avers that the 1st respondent (X) in allowing, entertaining, encouraging, acquiescing in and or promoting in its social media platform "X" (formerly Twitter), the publication and access in Kenya of content that disrespects the rights and reputation of others is in contravention of Articles 10 and 19 (3) of the Constitution," reads the petition.

Failure in duties

In his petition, Kibet accuses the Attorney General, the Communications Authority of Kenya (CA), the Kenya Film Classification Board, and the National Cohesion and Integration Commission (NCIC) of failing to discharge their constitutional and statutory duties, thus enabling X’s alleged unlawful practices.

He further claims that the negligence of these bodies has led to the proliferation of harmful content on the platform.

Kibet is now calling for the deletion of publications he believes violate the law, along with the suspension or deletion of accounts that use aliases or unofficial names.

Kibet also highlights concerns over X’s “Spaces” feature, which allows unmoderated live-streamed audio conversations where any topic can be discussed using inappropriate language.

“Further through it's versatile feature called "Spaces" permits users to have ungoverned live-streamed audio conversations on any topic around the sun, at any time using any character of language including vulgarity and obscenity," he said.

The case is expected to have significant ramifications for social media regulation in Kenya, with the hearing set for January 17 after High Court Judge Bahati Mwamuye certified it as urgent.