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Explainer: Laws broken by TikToker involving minors in video, possible penalties

In the clip, she playfully asked the boys to pick a boyfriend for her among themselves an act that was interpreted by many as flirtatious
A judge' gavel
A judge' gavel

A TikToker who sparked outrage after a video surfaced of her jokingly flirting with schoolboys has issued a public apology and expressed fear for her safety.

The clip, which quickly went viral, drew widespread condemnation from Kenyans who accused the young woman of inappropriate conduct with minors.

What happened in the viral clip?

The video showed the lady, clad in casual attire, engaging in what she described as harmless banter with uniformed schoolboys.

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In the clip, she playfully asked the boys to pick a boyfriend for her among themselves an act that was interpreted by many as flirtatious and inappropriate given the boys’ age.

The boys appeared amused and willingly interacted with the lady, but the moment did not sit well with many Kenyans online who viewed the video online.

Social media users expressed concern that the lady had exposed the minors to indecent behaviour and accused her of harassment.

An AI-generated image of a woman staring at her phone

An AI-generated image of a woman staring at her phone

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Apology and explanation

Amid the backlash, the TikToker came forward with a video apology.

She clarified that the interaction did not happen at a school setting but rather at a public venue where she had gone for a birthday picnic with her friends.

I'm here to make a public apology after posting a video with the school boys. I want to apologise to the school and the parents. I didn't mean to bring out the picture the way it is. I didn't mean any harm to those kids.

She added that the boys had approached her and requested to shoot a video with her. According to her, the interaction was light-hearted, and she only matched the energy they brought.

They walked up to me and asked me for a video. They were making jokes, and I gave back the energy. I didn't mean what I said in that video. I didn't mean my words.

Online reactions

Despite her apology, the damage seemed to have already been done. Many social media users were not convinced by her explanation and continued to express outrage.

An AI-generated image of a woman staring at her phone

An AI-generated image of a woman staring at her phone

The TikToker has since deactivated her account after facing a wave of online trolling and threats.

She went on to reveal that she has been receiving threats and is now fearful for her life.

Some people are telling me that police officers are coming to arrest me, and I have been living in fear. I had to deactivate my TikTok account because of trolls. I'm worried that something might happen to me because the clip has gone viral.

Legal perspective: Did she break the law?

The outrage has also led to legal conversations, with many wondering whether the lady could be prosecuted under the Sexual Offences Act. Section 16A of the Act criminalises sexual communication with a child.

It states:

A person of eighteen years and above who knowingly communicates with a child in—(i) a sexual manner; or (ii) a manner intended to encourage the child to communicate in a sexual manner, commits an offence and is liable, on conviction, to a fine of not less than five hundred thousand shillings or imprisonment for a term of not less than five years, or to both

Explainer: Laws broken by TikToker involving minors in video, possible penalties

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The law further explains that communication is considered sexual if any part of it relates to sexual activity or if a reasonable person would interpret it as such.

While the video does not appear to show any physical contact, critics argue that the flirtatious language used and the context of the interaction could be deemed inappropriate under this law.

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