The National Broadcasting Commission (NBC) has sent a bill to the National Assembly that seeks to regulate social media in Nigeria.
The bill, which aims to repeal and reenact the NBC Act, CAP L11, Laws of the Federation of Nigeria 2004, has been met with widespread criticism and opposition from civil society groups, human rights activists, and Nigerian citizens who see it as an attempt to stifle free speech and dissent in the country.
The bill, sponsored by Senator Mohammed Sani Musa, has been accused of plagiarising a similar law in Singapore, which ranks low in global indices of press freedom and human rights. The bill proposes to give NBC sweeping powers to monitor, censor, and penalise any online content that it deems to be false, misleading, or harmful to public interest. The bill also imposes hefty fines and jail terms on offenders, as well as grants the NBC the authority to order internet service providers to block access to any website or platform that violates the law.
The proponents of the bill claim that it is necessary to curb the spread of hate speech, fake news, and misinformation on social media, which they argue pose a threat to national security, peace, and stability. They also cite the examples of China and Singapore, which have enacted strict laws to regulate social media, as models to emulate. However, these arguments are flawed and misleading, as they ignore the fundamental differences between Nigeria and these countries in terms of political systems, cultures, and values.
Nigeria is known as a democratic country with a constitution that guarantees the right to freedom of expression, opinion, and information. These rights are essential for the functioning of a vibrant and pluralistic society, where citizens can hold their leaders accountable, participate in public discourse, and express their views on various issues. Social media has played a vital role in enhancing these rights, as it has enabled Nigerians to access diverse sources of information, voice their grievances, mobilise for social causes, and expose corruption and injustice.
The bill, if passed, would undermine these rights and erode the democratic gains that Nigeria has made since its return to civilian rule in 1999. The bill would give the NBC, which is an arm of the executive branch, the power to arbitrarily determine what constitutes false or harmful content and to impose sanctions without due process or judicial oversight. This would create a chilling effect on online expression, as Nigerians would fear being persecuted for expressing their opinions or sharing information that NBC may disagree with. The bill would also stifle the diversity and creativity of online content, as Nigerians would resort to self-censorship or avoid engaging in online platforms altogether.
The bill would also violate Nigeria’s obligations under international human rights law, which recognises the right to freedom of expression as a universal and inalienable right.
Nigeria is a signatory to the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR), which both protect the right to freedom of expression and information and prohibit any interference or restriction that is not necessary, proportionate, and legitimate. The bill, as it stands, does not meet these criteria, as it is vague, broad, and disproportionate in its scope and penalties.
The proposed bill is not only unnecessary but counterproductive. It fails to address the root causes of hate speech, fake news, and misinformation on social media in Nigeria. The bill would only suppress symptoms and alienate the Nigerian people, especially youth, who have shown discontent through protests such as the #EndSARS.
The bill should be rejected by the National Assembly and, instead of regulating social media, the government should address citizens’ legitimate concerns and demands, promote digital literacy, support credible media outlets, and respect Nigerians’ rights, freedoms, and democratic principles.
The anti-social media bill is a threat to democracy, and it must be stopped. Nigerians should resist this bill and defend their rights to free speech and expression on social media, and in all spheres of life. Social media is not the enemy, but a tool for empowerment, enlightenment, and emancipation. Nigerians should use it wisely, responsibly, and fearlessly.