A directive by the Teachers Service Commission (TSC) warning teachers against unprofessional conduct on social media has divided opinion among stakeholders, with a section of teachers saying that the order amounts to an unjustified intrusion into their private lives.

Whereas it is unclear what triggered the commission to issue the directive, recently, there have been videos on various social media platforms of teachers engaged in various activities at their schools or with learners.

The directive has, however, received support from heads of teachers’ associations, who say teachers must exercise restraint online, particularly when their posts involve learners or undermine the dignity of the teaching profession.

The chairperson of the Kenya Primary Schools Heads Association (KEPSHA), Fuad Ali, said teachers must balance their constitutional freedoms with the responsibilities that come with their profession.

“While teachers have a right to express themselves, it is deplorable for them to post images of minors without parental consent,” he said.

He added that teachers should also maintain decorum online so that learners continue to hold them in the same respect as they do in school.

Mr Ali noted that while there is freedom of expression, as civil servants, the teachers need not declare their political stand on social media, describing the TSC directive as a necessary control measure in response to emerging challenges in an increasingly digital environment.

Read: Teachers protest TSC social media gag

“Years ago, there were no Data Protection laws, but with changing times, it became necessary,” he said.

But Nairobi teacher Jeremiah Rianga questioned why the TSC directive appears to have singled out teachers only, whereas other public servants also use social media but have not received such warnings. He said it amounts to discrimination, and that teachers are citizens before they are employees, and that they have rights to privacy, freedom of expression and a personal life.

“Having a TikTok account, posting a dance, expressing an opinion, discussing one's personal life or participating in social-media trends should not automatically make someone an unprofessional teacher,” said Mr Rianga.

He argued that the commission should deal directly with teachers who breach professional standards instead of issuing blanket directives that could be interpreted as restricting legitimate expression.

He, however, noted that some online behaviour by teachers was unacceptable, including insulting people over political disagreements and posting images or videos of children on platforms such as TikTok without parental consent.

The acting TSC Chief Executive, Evaleen Mitei, before the National Assembly Departmental Committee on Education.

Photo credit: Dennis Onsongo| Nation Media Group

“Teachers are perceived as role models in society, so it is definitely wrong for a teacher to hurl insults online because of political affiliations,” he said.

Another teacher based in Nakuru County took an even stronger position, saying the commission was going too far by extending its oversight into teachers’ social media accounts.

Read: TSC warns teachers over social media misconduct

“The TSC should not rear its head in a teacher’s social media because that now is going too personal. The directive seeks to curtail our freedom, and this is unacceptable,” the teacher said.

They said the TSC should investigate individual cases where teachers breach the code of conduct rather than issue broad directives.

“If teachers are civil servants, why are they the only ones being gagged on social media?” the teacher asked, adding that the TSC must regulate professional misconduct without unnecessarily controlling their personal lives.

An intern teacher who sought anonymity also questioned the lack of specific guidance on what teachers can and cannot post.

“The TSC should to develop clear social media guidelines setting out permissible and prohibited conduct instead of relying on broad warnings,” said the intern teacher.

The TSC, in the directive, said it was concerned about cases of teachers engaging in cyberbullying, harassment, intimidation, dissemination of offensive content and other forms of online misconduct.

It reminded teachers that the standards of professional conduct and ethics applicable to them also extend to digital platforms and warned that those found engaging in cyberbullying or other unprofessional conduct could face disciplinary action.

The commission cited Article 33 of the Constitution, which guarantees freedom of expression but excludes propaganda for war, incitement to violence, hate speech and ethnic incitement, as well as Article 31 on privacy and Article 53 on the protection of the best interests of the child.

It also invoked the Leadership and Integrity Act, the Computer Misuse and Cybercrimes Act, the Data Protection Act and the Code of Conduct and Ethics for Teachers, 2015.

The TSC maintained that its directive does not remove constitutional rights but reminds teachers that freedom of expression does not protect unlawful conduct or behaviour that undermines the dignity of the profession.

It said teachers who violate the standards could face administrative or disciplinary sanctions under the TSC Act, the Code of Regulations for Teachers and other relevant laws.

Follow our WhatsApp channel for breaking news updates and more stories like this.

ligadwah@ke.nationmedia.com