Social media giant X and the Communication Authority of Kenya (CAK) are urging the court to dismiss a case hinged on spread of harmful content, including pornography, hate speech, and privacy violations.

In their separate replies to the case filed by a Kenyan citizen, the Elon Musk company and the Authority argue that there is no evidence to show any infringement of the Kenyan Constitution.

 X’s group product platform safety and integrity manager, Jarrod Doherty claims that the firm has ensured that no explicit content is passed to the social media users.

Doherty says the platform has an option of reporting fake accounts, photos and videos circulated without consent or even abuse.

“I believe that the petitioner is seeking to tarnish the first respondent’s reputation and prejudice its business by making baseless accusations against the first respondent. I pray that this petition and application be dismissed and the petitioner be ordered to meet the first respondents cost,” Doherty replies in his court papers filed by Hamilton and Mathews Advocates.

On the other hand, CAK Director General David Mugonyi says there is no claim against the Authority.  Mugonyi says the authority does not regulate social media.

Instead, he asserts that the government has made laws to ensure Kenyans’ safety within the ecosystem.

Mugonyi says some social media platforms have their servers in the country but they mirror those installed in the United States of America and China.

The CAK director argues that there was an attempt to put in place a law to regulate social media but the law was never passed.

In the case, Felix Kibet alleges that X allows users to create accounts under false names, using other people’s identities and photos and that this has resulted in the spread of harmful content, including pornography, hate speech, and privacy violations.

His lawsuit claims the platform has failed to monitor and curb the growing prevalence of harmful content.

Kibet, a frequent user of X, says that the platform has allowed inappropriate content to flourish in the country, undermining Kenyan societal values and breaching both local and international laws.

He argues that X’s management, has prioritized profit over the safety and well-being of Kenyan users by tolerating offensive and illegal material.

“This social media platform is being used to spread pornography, incite violence, promote hate speech, and violate personal privacy. It is a blatant disregard for our country’s values and laws,” Kibet argues in his court papers.

“Kenya is a nation built on respect for human dignity and the rule of law, and this behaviour is tearing at the fabric of our society.”

Kibet also contends that the platform’s permissive approach to fake identities has led to an increase in malicious online behaviour, including defamation, harassment, and the publication of explicit content.

“The use of fake names and images allows users to hide behind anonymity and engage in harmful activities without accountability. X is not only enabling this behaviour but profiting from it at the expense of Kenyan users,” Kibet says in his court filing.

The petition, filed before the Milimani High Court, outlines the negative effects of these fake accounts on Kenyan society, particularly the younger population.

According to Kibet, the anonymity afforded by such accounts has contributed to the proliferation of harmful content, including explicit pornography and hate speech targeting ethnic groups.

“Fake accounts are being used to spread pornography, engage in violent rhetoric, and spread hate speech, which has the potential to incite violence and damage social cohesion in Kenya,” Kibet asserted.

The lawsuit also targets the platform’s live-streaming feature, known as “Spaces,” which allows users to have real-time audio conversations on any subject.

Kibet claims that these live-streams often include vulgar language, obscene content, and discriminatory speech, all of which are not adequately regulated by X.

“These conversations can be broadcast to anyone at any time, allowing inappropriate material to circulate freely,” Kibet explained. “This undermines our cultural and legal norms, and it’s time for action.”

In addition to X (formerly Twitter) and CAK, Kibet named several Kenyan government bodies in the lawsuit, including the Attorney General and the Kenya Film Classification Board (KFCB), accusing them of failing to enforce regulations that protect Kenyan citizens from harmful content online.