The Bloggers Association of Kenya (BAKE), the bloggers’ lobby that advocates for freedom of expression, has come out to strongly condemn the recent blockage of Telegram in Kenya. According to BAKE, the action which came via a directive by the Communications Authority of Kenya (CA) to the country’s major telcos, not only restricts the right to access information but also undermines freedom of expression and digital rights in the country.
“We are alarmed by this incident, which infringes on Kenyans’ constitutional rights to communication and freedom of expression, as enshrined in Article 33 of the Constitution,” noted BAKE through a post on the organisation’s website.
“Telegram is an essential platform for Kenyans, it enables individuals, businesses, and communities to connect, and share knowledge. Restricting access to such a platform without transparency or accountability compromises trust in the government and significantly disrupts the digital ecosystem that drives our social and economic progress,” stated BAKE.
“Unrestricted access to information and communication platforms is fundamental to democracy, innovation, and socio-economic growth. The government must restore access to Telegram and ensure that no other digital platforms are restricted without lawful justification and stakeholder engagement. The blockage comes less than six months after the recent internet disruption during protests against the Finance Bill 2024. This repeated actions against online platforms reflect a concerning trend that infringes on Kenyans’ digital freedoms and diminishes public trust in the government’s digital governance approach.”
In its directive issued on October 31, 2024 to the four major telcos – that is Safaricom, Airtel Kenya, Telkom Kenya, and Jamii Telecom – the CA, through its director general David Mugonyi, noted that Telegram is being used to perpetuate criminal activities, including alleged compromising of the integrity of the national examinations.
“It has come to the attention of the Authority that the Telegram platform is being misused to perpetuate criminal activities, including compromising on the integrity of the ongoing national examinations. As a result, various government agencies have reached out to Authority seeking assistance in taking down social media channels and forums, including Telegram, that are interfering with the integrity of our national examinations. Whereas all the other social media platforms operating in Kenya have taken steps to address misuse of their platforms, we note with dismay that Telegram Inc has remained non-responsive and continues to host offending forums and channels in blatant breach of the laws of the land and the general principles of Data Protection and Privacy,” stated the CA in its directive to the telcos.
As per the directive, and in order to ensure that the exams are conducted in an environment of utmost integrity, the CA ordered the telcos to use all the “available mechanisms” to suspend the operations of Telegram in the country, particularly during the administration of the exams – that is between 7am to 10am in the morning and then between 1pm to 4pm in the afternoon – from Monday upto Friday. The suspension covers a three-week period from October 31, 2024 up until November 22, 2024.
In its response however, BAKE notes that while its “acknowledges the need to protect integrity especially during the ongoing KCSE exams, the government should employ rights-based alternatives rather than implementing disruptive shutdowns.”
According to the lobby, there are legal and technological measures that can be adopted to prevent cheating without restricting access to digital platforms, such as enforcing stricter examination regulations, prosecuting individuals involved in malpractice, and leveraging secure exam management practices.
“Blocking Telegram or any other social media platform fails to honor international human rights laws, which mandates that restrictions on rights must be legal, necessary, and proportionate. We insist that the stakeholders should develop solutions in consultation with civil society, the private sector, and other partners to address challenges in a way that respects human rights,” states BAKE.
“We call upon the relevant authorities to adopt a rights-based approach to digital policy, in line with Kenya’s commitment to a free and open internet, and to facilitate an environment that respects and protects the freedoms of all Kenyans online.”
Telegram, which currently has over 900 million users globally, was launched on August 14, 2013, as a privacy-focused, ad-free messaging app for iOS devices. The Android version of the app followed later in the course of the same year. The platform registered approximately 100,000 daily active users in its first year after launch. Based on number of app downloads, Telegram is currently ranked as the 7th most downloaded app, just 3 positions below Meta’s Whatsapp.
Be the first to comment