In this country today if a child below 18 years but with access to a phone and the internet, ordered alcohol online, they would have it delivered to them in no time. This is the harsh reality we are staring at as a country with respect to the online sale of alcohol.
In June 2021 an outfit called the International Alliance for Responsible Drinking, apparently in response to the acceleration in the shift towards e-commerce in the sale and delivery of alcohol, developed a set of standards to guide the sale and delivery of alcohol in efforts aimed to minimise risks to consumers. Two companies operating in Kenya are among the coalition of organisations that worked to develop the global e-commerce standards.
Part of the recommendations in these self-regulatory standards was that online retailers should be required to verify the age of buyers and prevent deliveries to minors or intoxicated buyers. In Kenya, this is a mirage considering that no online platform retailing alcoholic drinks requires any form of age verification from the buyers.
As of August 2022, online trade platforms in Kenya had not been regulated under the Kenya Information and Communications Act as they do not constitute electronic services as envisaged under the law and are therefore not licensable.
Assuming even that the age verification safeguards are there or are introduced, how would these traders confirm that it is not a miscreant minor in possession of an adult’s identification details making the purchase?
Research shows that although the Covid-19 pandemic and the closure of hospitality venues in most countries throughout 2020 resulted in global alcohol sale volumes declining by more than six percent, there has been an acceleration in the shift to e-commerce with the sale and delivery of alcohol online increasing by thirty-three percent globally.
According to Movendi International, a premier global network for development through alcohol prevention, the World Health Organization Global Alcohol Status Report from 2018 shows that 76 percent of the adult population abstains from any alcohol use. And yet, Kenya ranks among the top countries worldwide for years of life lost due to alcohol.
Data from a nationwide survey on alcohol and drug abuse prevalence in primary schools in Kenya conducted by the National Authority for the Campaign Against Alcohol and Drug Abuse shows that alcohol use prevalence among primary school pupils is 38.2 percent. Heavy intermittent alcohol use is surprising, with every second minor who consumes alcohol engaging in binge drinking.
Alcohol consumption by minors can affect the normal development of vital organs and functions, including the brain, liver, bones and hormones. It is also associated with increased health risks, including alcohol-related injuries, involvement in violence, and suicidal thoughts and attempts.
Online sale of alcohol leaves a gaping loophole that could easily be exploited by unscrupulous businesspeople who can effortlessly resort to the sale of counterfeits online. Criminals produce counterfeit alcohol, which often contains substances such as antifreeze, nail polish remover and even paint stripper. Fake alcohol can cause blindness and organ failure and can even lead to death.
This is further compounded by the fact that besides just proof of payment, the online buyer is never left with any other crucial information such as the serial or batch numbers of the drinks purchased.
In case of any eventuality, which may lead to a court case following the consumption of the drinks purchased online, the vendor would easily put the victim or their representatives to task to prove that the specific product purchased was the cause of the problem.
There’s need for urgent regulation of this space to safeguard children from the harm of alcohol use and abuse. For instance, there's a need to introduce and strictly enforce the requirement to verify age at point of sale to prevent alcohol from being sold to children.
It is quite clear that online sale of alcohol is a ticking time bomb as far as children's access is concerned and something needs to be done quickly. There are already enough problems with established bars in so far as regulating access by adults is concerned, and we should not allow ourselves to add children to that list.
Manager Corporate Communications-Nacada. [email protected]
