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TikTok: Beware image rights

Tiktok ban

Chinese social networking service TikTok's logo on a smartphone screen. The latest Reuters Institute Digital Report shows Kenya leading globally in TikTok usage at 54 per cent.

A school and several nightclubs were heavily fined by the Office of Data Protection Commissioner (ODPC) recently for posting photos of minors and revellers, respectively, without parental consent. That was yet another reminder to always respect privacy when creating content.

In a virtual meeting with President William Ruto last month, TikTok CEO Shou Zi Chew said his firm would open an office in Kenya to coordinate its operations on the continent. That would be a good opportunity to ensure the platform’s users comply with privacy rules as per the data protection laws.

Advancement in technology, especially digital, has seen social media change marketing methods. But that has—albeit inadvertently—hugely contributed to infringement on privacy in terms of personal data as regards image rights. This has led to exploitation and infringement of people’s rights.

Kenyans should take more seriously Data Commissioner Immaculate Kassait’s advice on the need to familiarise themselves with the Data Protection Act, 2019. Content creators, sales people, marketers and anybody else who uploads content on their social media accounts to entertain followers or for marketing should beware of the risk of privacy violation.

There have been many incidents where videos and photographs of minors, for instance, have been spotted on social media platforms, particularly TikTok, without the subject’s consent. Unauthorised posting of images of personalities or celebrities on one’s social media is also a breach of the law. Photojournalists and other media practitioners should also adhere to the ethics, standards and integrity code.

There is a need for enhancement of awareness of data protection and privacy rights by the commissioner and other stakeholders of information in media platforms widely accessible to Kenyans.

Having a good smartphone with an awesome camera or a huge following on social media could land one in problems if not handled appropriately.


- Ms Wandia is a journalism and media student at the Technical University of Mombasa (TUM). [email protected].