Digital influencers and content creators in Kenya now face severe consequences for promoting alcohol and drug use on social media platforms. Under the law, content creators found guilty of encouraging substance abuse could end up serving three years in jail.
According to the Alcoholic Drinks Control Act, of 2010, content creators found guilty of encouraging substance abuse could be slapped with fines of up to Sh500,000 or face up to three years in prison – or both.
Section 43(1) of the Act states:
“No person shall promote an alcoholic drink or an alcohol-related brand element except in accordance with the provisions of this Act.”
Violation of this provision can result in serious consequences, as outlined in Section 43(2):
“A person who contravenes subsection (1) commits an offense and shall be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.”
The National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) on Tuesday 24th issued a stern warning emphasizing the legal ramifications for those who use their online presence to normalize or glorify drug use.
“Promoting drugs and substance use through social media is not only irresponsible but also a violation of the law,” the Authority stated in a hard-hitting press release.
These punitive measures are grounded in two key pieces of legislation: the Alcoholic Drinks Control Act, of 2010 and the Narcotic Drugs and Psychotropic Substances Control Act, of 1994. Both acts explicitly prohibit the promotion, advertising, or encouragement of drug use, with NACADA now extending this mandate to cover social media content.
The threat of substantial fines and imprisonment serves as a reminder of the government’s commitment to combating the rising tide of drug-related content online. NACADA’s crackdown sends a clear message: the online glorification of drug use will not be tolerated, regardless of an influencer’s popularity or reach.
This punitive approach comes in response to what NACADA describes as an “increasing trend where social and digital media influencers, as well as content creators, are posting content that promotes the use of drugs and substances.” The Authority expressed particular concern over the impact of such content on young and impressionable audiences, viewing it as a grave threat to national efforts to combat alcohol and drug abuse.
Beyond the threat of legal action, NACADA’s warning extends to the broader digital ecosystem. The Authority called upon social media platforms and digital content creators to “uphold ethical standards and promote healthy behaviors among their audiences.” This appeal underscores the critical role that both platforms and influencers play in shaping the online landscape and, by extension, societal norms.
Parents and guardians have not been left out of this initiative. NACADA urged them to closely monitor their children’s online activities, particularly on social media platforms that often lack adequate safeguards. The Authority encouraged parental controls, education about the dangers of drug use, and prompt reporting of harmful content to relevant authorities.