A Kenyan citizen has sued X Corp, the owner of the social media platform “X” (formerly Twitter), accusing the company of enabling the spread of harmful and inappropriate content in Kenya.
In the petition filed under certificate of urgency, the petitioner claims that the platform is awash with content promoting pornography, hate speech, incitement to violence, and violations of privacy.
“The X corp has with the sole end of profiteering allowed, entertained, encouraged, acquiesced in and/or promoted in its social media platform “X” (formerly Twitter) the publication and access in Kenya of content that constitutes hate speech, incitement to violence, advocacy of hatred that constitutes ethnic incitement, vilification,” read the court documents
Felix Kibet who has also sued Attorney General Dorcas Oduor, Communication Authority of Kenya (CAK), the Kenya film classification board KFCB (KFCB), National Cohesion and Integration Commission (NCIC) and Office of Data Protection Commission allege that they have failed to discharge their constitutional and statutory mandate, abetting the illegal and unconstitutional acts of the platform.
“The acts of the 1st Respondent are in contravention of Article 156 (4 ) (a) and (6) of the Constitution, Section 46 (A) of the Kenya Information and Communications Act, 1998, Section 15 (1) (a) of the Film and Stage Plays Act, Section 25 (1) of the National Integration and Cohesion Act and Section 6 & 25 of the Data Protection Act, 2019 respectively,” says Kibet.
Kibet criticized the platform for allowing users to create and operate pseudo accounts using aliases, fake names, and even the identities of others, including their photos.
High Court judge justice Bahati Mwamuye heard that the platform’s permissive features, that include the ability for users to post writings, photos, and videos without adequate regulation has become a breeding ground for vulgarity, obscenity, and unregulated discourse.
“The 1st Respondent’s social media platform “X” (formerly Twitter) permit users to make posts in the form of writings, photos and videos. Further through its versatile feature called “Spaces” it 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,” read the court documents.
He now wants the court to restrain the X corp from permitting the publication and access in Kenya of content that is showing, or advertising pornography, nudity and lewdness.
Kibet also wants the X corp restrained from permitting the publication and access in Kenya of content that constitutes hate speech, incitement to violence, advocacy of hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm.
“Pending the hearing and determination of this application inter-partes, a conservatory order do and is hereby issued restraining the 1st Respondent, from permitting the publication and access in Kenya of content that is showing, directing to and/or advertising pornography, nudity and lewdness in its social media platform “X” (formerly Twitter),” read the court documents.
“Unless the Honourable court urgently intervenes by granting the orders sought herein, the 1st Respondent will persist in its violation of Kenyans’ human rights and contravention of the Constitution, the consequences of which are dire,” the papers add.
The court directed the Petitioner to serve the Application, Petition, and associated Directions on the Respondents by close of business on January 22, and to file an Affidavit(s) of Service by January 24, 2025.
The Respondents have been ordered to file and serve their responses to both the Application and Petition by close of business February 7.
The Petitioner will also be allowed to file and serve a rejoinder, if necessary, by February 14.
The court has scheduled a mention on February 19, to confirm compliance with the timelines and to issue further directions.
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