Kenya’s Communications Authority Proposes New Licence for Cybercafes

Cybercafés, play a vital role in providing internet access across the country. They cater to individuals who may not have personal internet connections, offering an affordable and accessible means of browsing the web.

The licensing of cybercafés falls under the PCAC (Public Communication Access Centres) category, overseen by the Communications Authority of Kenya. However, the emergence of free public Wi-Fi hotspots provided by the government through the ICT Authority has introduced new dynamics. These initiatives aim to bridge the digital divide, making internet access more widespread.

Despite these developments, a significant number of cybercafés operate informally across the country. Their unregulated nature poses challenges such as lack of accountability, potential misuse of facilities, and difficulties in monitoring their operations. These regulatory concerns mirror those seen in the ordinary vendor license category, underscoring the need for a revised framework to ensure compliance and security.

Proposals for Reforming the PCAC Framework

In light of these challenges, the Authority proposes substantial changes to the licensing and regulation of cybercafés:

1. Reclassification as Internet Cafés
   It is proposed that PCACs providing internet browsing services be reclassified under a new category termed “Internet Cafés.” This shift aims to create a distinct and streamlined regulatory framework specifically tailored to the operational characteristics of these facilities.
2. Introduction of a CLASS License
   The Internet Café license will be reintroduced as a CLASS license, with well-defined terms and conditions set by the Authority. These provisions aim to ensure greater oversight and accountability among operators. Key features of the license will include:
   • Record-Keeping Requirements: Cybercafés will be mandated to maintain accurate records of their operations, ensuring transparency.
   • Logging-In Software: Operators must implement software solutions that track user activity, enhancing security and accountability.
   • CCTV Surveillance: Mandatory installation of CCTV cameras will bolster security measures and deter misuse of the facilities.
   • User Identification: Persons accessing the service point or facility will be required to provide identification, promoting responsible use and enabling traceability if necessary.

As required by law, the proposals are now subject to public participation, and the public is invited to present views on these laws by 23rd January 2025.