Elon Musk's company X successfully rebuffs allegations of spreading hate speech
In a significant development, a Kenyan citizen, Felix Kibet, has filed a lawsuit against social media giant X and the Communication Authority of Kenya (CAK) over the spread of harmful content on the platform. The lawsuit, filed before the Milimani High Court, targets X's live-streaming feature, known as "Spaces."
Kibet alleges that X allows users to create accounts under false names and has failed to monitor and curb the growing prevalence of harmful content, including explicit pornography and hate speech targeting ethnic groups. He contends that the platform's permissive approach to fake identities has led to an increase in malicious online behavior.
The lawsuit claims that conversations on these live-streams can be broadcast to anyone at any time, allowing inappropriate material to circulate freely. It argues that these practices violate the rights of Kenyan citizens and are in contravention of the 2025 Code of Conduct for Media Practice, which governs the regulations for social media companies in Kenya.
X's group product platform safety and integrity manager, Jarrod Doherty, argues that there is no evidence of infringement of the Kenyan Constitution. He maintains that the platform has an option for users to report fake accounts, photos, and videos circulated without consent or abuse, and that explicit content is not passed to social media users.
The lawsuit also accuses several Kenyan government bodies, including the Attorney General and the Kenya Film Classification Board (KFCB), of failing to enforce regulations that protect Kenyan citizens from harmful content online.
Kibet, a frequent user of X, argues that the platform prioritizes profit over the safety and well-being of Kenyan users by tolerating offensive and illegal material. He asserts that X is not only enabling this behavior but profiting from it at the expense of Kenyan users.
CAK Director General David Mugonyi states that there is no claim against the Authority, and that the government has made laws to ensure Kenyans' safety within the social media ecosystem. He asserts that some social media platforms have their servers in the country but mirror those installed in the United States of America and China.
The 2025 Code of Conduct for Media Practice mandates stringent content moderation, user age verification, and accountability mechanisms for social media platforms to combat harmful online material, under the supervision of the Media Council of Kenya. The Code requires platforms to moderate posts according to ethical principles and establish transparent mechanisms for removing harmful content.
While strict regulation is in place, there is an emphasis on balancing social media governance with protection of freedoms, with Kenyan experts advocating social media intelligence, content moderation, and fact-checking as pillars of a sustainable regulatory model.
The case serves as a reminder of the ongoing challenges in regulating social media platforms and ensuring the safety and well-being of users. As the trial unfolds, it is expected to set a precedent for future cases regarding the regulation of social media in Kenya and beyond.
- Despite the allegations, X's product platform safety and integrity manager, Jarrod Doherty, asserts that the platform offers a feature for users to report fake accounts, explicit content, and abusive behavior.
- The lawsuit against social media giant X and the Communication Authority of Kenya (CAK) demands stricter regulations in the health realm of online content, targeting the spread of explicit pornography and hate speech.
- In the realm of business, the lawsuit against X highlights concerns over prioritizing profit over user safety and well-being, especially regarding the spread of offensive and harmful content on the platform.
