Nigeria’s Social Media Bill Is Back, And It’s Time To Drop This Dangerous Legislation Once And For All

There’s a battle going on in Nigeria over a dangerous bill that threatens free expression online. The good news is that people in Nigeria are fighting back, and it recently appeared that the draft law — nicknamed the “Social Media Bill” by concerned citizens — was beaten back. But this week, the Senate revived the bill with little notice. Unless the global community stands in support of those fighting for free expression in Nigeria, we may soon see this vaguely worded, misguided legislation move forward — and the bad ideas that it contains get copied and pasted into legislation in other countries where free expression is under attack.

Specifically, the draft bill — officially called “An act to prohibit frivolous petitions; and other matters connected therewith” — would require any person submitting a petition to the government to have an accompanying affidavit, making it much more difficult, and costly, for people to complain about public services or graft. Further, the text imposes harsh penalties for tweets or text messages that convey false statements about a wide range of actors — from “a group of persons” to an “institution of government.” Nigerians who violate these provisions could be fined up to N2,000,000 ($10,000) or spend up to two years in jail.

In short, the bill criminalizes speaking out against individuals or groups online, including expressing dissent against the government, with vague and disproportionate restrictions that do not strictly adhere to legitimate purposes.

What’s worse, the language in the draft bill is so broad that it’s not clear that internet users would even understand how to comply with the law. It would be difficult to determine whether a post is intended to “set the public against” a vaguely defined group. At the same time as being overbroad, the bill is illogically specific. It targets WhatsApp, the private messaging application, and Twitter, the microblogging platform. That’s a particular threat to journalists in Nigeria who use these platforms to report on issues of public interest, and it could knock out a vital tool for combatting corruption and keeping government accountable.

The threat to free expression is compounded by the threat to innovation in Nigeria. Already the continent’s largest economy, Nigeria has 15 million Facebook users and over 97 million mobile internet subscriptions. Its technology sector is rapidly expanding. This restrictive law would only deter investment and discourage further development of Nigeria’s internet ecosystem.

Fortunately, activists in Nigeria are continuing to speak out, protesting both on and offline. In addition, if the bill passes into law, there may be legal avenues for fighting it. There are strong protections for free expression in Nigeria’s constitution, and Nigeria has also ratified the African Charter on Human and Peoples’ Right, which guarantees this right. Furthermore, free expression is protected under international law, and the United Nations has specifically stated that the right to free expression applies online.

Last week, Senate President Bukola Saraki reassured activists when he stated that section 4 of the bill would not be passed. (He appeared to be referring to section 3(4), which prescribes the penalties for social media.) Yet the Senate has since suddenly revived the bill and set a Public Hearing — part of the legislative process — for Monday, March 7. Whether or not section 3(4) is struck from the text, the Social Media Bill should not be passed.

Nigerian President Buhari has stated that he would not sign any bill that doesn’t comport with Nigeria’s constitution, and the Social Media Bill clearly does not. Yet the unrelated Cybercrime Act of 2015 is now in force, and through sections 24(a) and 24(b), imposes harsh penalties for speech in the name of security that violate the right to free expression. Clearly, it’s best to stop this bill now, before it gets any closer to becoming law.

It’s not only Nigeria’s leadership, free expression, and innovation that are at stake. In internet law and policy, even when a law is beaten back, it often gets reanimated in legislatures across the globe.

To fight back, the global community that cares about free expression needs to unite behind common principles,and spread the word: when users’ rights are under attack, we have your back. As members of the Nigerian Senate hold the public hearing, they should not be left in doubt regarding the dangers of the Social Media Bill or any other bill that clamps down on expression online. It should be withdrawn immediately. Nigerians have spoken out, and their leaders should listen.

‘Gbenga Sesan is the Executive Director of Paradigm Initiative Nigeria. [url]PINigeria.org[/url]

Deji Olukotun is Senior Global Advocacy Manager for Access Now. [url]Accessnow.org[/url]

Source: http://techcabal.com/2016/03/07/nigerias-social-media-bill-is-back-and-its-time-to-drop-this-dangerous-legislation-once-and-for-all/

It's so unfortunate that the same government that came to power through the help of social media is the same fighting it to stand still.

Some of our so called legislators are silly, dat nonsense bill should not be passed cos its disadvantages far outweigh its advantages. Trying to silence the citizens in order not to call dem out and put dem in check is absurd. Even if it is passed, i'm sure PMB won't sign it. Though i dont support insulting our leaders, but many of dem actually deserve it.


Hope Senator Common Sense is watching

Change everywhere!

.....

Such an irony the same media Apc exploited with all manner of demonic propaganda is that which they seek to block!

Oh yes the Saints will continue to march on Nigerans, especially since his blind followers will not caution the people they elected into office.
Wait until that Abacha loot land you will never hear whim from this Administration, they have to act now to keep sheeple in check
Anyway lets start here on N/L with Freedom of Expression with the mods dey no go hear dat one.

Hmmmmmm they should be more concerned about infrastructural development in Nigeria

Nossa:
I'm suprised Mynd44 is crying foul

Sure. Nairaland is also at risk.

Am I surprised that Mynd44 is the carrier of this virus-tic information? SMH for him, gradually his saving up for the wailers form.

Hahahahahahahaha. Tonyebarcanista are you sawing what I see?

lyntiffany:
Am I surprised that Mynd44 is the carrier of this virus-tic information. SMH for him, gradually his saving up for the wailers form.

Unfortunately for him we now charge twice the former price for the forms and new members are now thoroughly screened before we give them form.


We don't want saboteurs

Between the Legislathieves & Judisharing, the jury is still out on which is the greater enemy of Nigeria...

APcheats trying to gag Nigerians freedom of expression

Ahh its never ganna work in first place

coming from APC representative on nairaland?

[size=18pt]APC e touts training manual[/size]

lyntiffany:
Am I surprised that Mynd44 is the carrier of this virus-tic information. SMH for him, gradually his saving up for the wailers form.

He is pushing for the bills passage and the only reason he opened a thread on this matter is to tell us here that as a mod he won't hesitate to cooperate with the Islamic DSS hisbah brigade in providing our personal information to them

Kondomatic:
Unfortunately for him we now charge twice the former price for the forms and new members are now thoroughly screened before we give them form.


We don't want saboteurs

I will pre -inform him about the increase so as to know his next line of action or better still suggest he borrows just like his grandpa Buhari.

Am sure he will behave when he eventually joins the club because he will be doing more wailing in the future, am certain he won't do otherwise in order not to lose out from the wailing club.

What did u expect wen u voted buhari....
Be honest....
Wat did u expect...
To have freedom of speech?

you want it dead but won't allow people express themselves freely here on nairaland.

You are a hypocrete

ZombieNation:


He is pushing for the bills passage and the only reason he opened a thread on this matter is to tell us here that as a mod he won't hesitate to cooperate with the Islamic DSS hisbah brigade in providing our personal information to them

Who cares about that? Who cares if they eat Aisha's tuwo shinkafa or lick's bubs scrotalis.

lyntiffany:
Who cares about that? Who cares if they eat Aisha's tuwo shinkafa or lick's bubs scrotalis.

Bubu's what? hahahahahaha

lyntiffany:
LOL. I be like say this Una wailers form nah form to enter heaven Abegi make una take am sofri with the guy before I'm go begin shed blood.

He hasn't started yet. A big good morning to him. Its hypocritical of him to be here wailing on the proposed social media bill while he's been gagging people all the while for expressing their views on issues. The bill is gonna hit nairaland real bad like a cannon ball, dats why he's wailing

Candyrain:


Bubu's what? hahahahahaha

you dey look for trouble o!
Bub's akpa Ihe (amu). Sucre rain abi na candyrain make I run comot before some guys go ask for my head.

We need to do everything within our power to stop this bill. Please send your disapproving tweets to @bukolasaraki on Twitter to help this fight.