The Socio-Economic Rights and Accountability Project has urged the Senate President, Godswill Akpabio and Speaker, House of Representatives, Tajudeen Abbas, “to reject the recently reintroduced social media regulation bill.”
SERAP noted that the passage of the bill “would unduly restrict the rights to freedom of expression and privacy,” and urged President Bola Tinubu’s administration to stop its efforts to compel technological firms like Google and YouTube to restrict such “fundamental human rights.”
This was contained in a statement by the group’s deputy director, Kolawole Oluwadare, on Sunday.
According to SERAP, the bill would “criminalise the legitimate and lawful exercise of human rights.”
The statement read in parts, “The National Broadcasting Commission last week reportedly stated that, “one of Nigeria’s major problems now is social media,” and described social media as “a monster.”
“In the letter dated 14 October 2023, and signed by SERAP deputy director, Kolawole Oluwadare, the organisation said, “social media is neither Nigeria’s problem nor a monster. Any regulation of it would have arbitrary and excessive effects, and cause incalculable damage, both in material and human rights terms.
“Any move to regulate social media would be inconsistent and incompatible with the provisions of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations.”
“The proposed bill raises serious concerns about the rights to freedom of expression and privacy, and would lead to digital siege.”
SERAP warned that it “shall” take the National Assembly and the FG to court upon the passage of the social media bill.
It advised the FG to maximise opportunities that abound on social media and look into the nation’s growing “social and economic inequalities.”
The statement read in parts, “Rather than rushing to pass the social media regulation bill, the National Assembly should encourage the Federal Government to maximise opportunities around social media access and address the growing social and economic inequalities in the country.
“We would be grateful if the recommended measures are immediately taken upon the receipt and/or publication of this letter. SERAP shall take all appropriate legal actions against the National Assembly and the Federal Government if the social media regulation bill is ever passed into law.
“We urge you to request the administration of President Bola Tinubu to publish the details of any ongoing discussion and engagement with Google, YouTube, TikTok and other social media companies.
“The reintroduction of the social media regulation bill would lead to deterioration of the human rights situation in the country and carry major economic costs for all sectors, as well as exacerbate social and economic inequalities.
“It would effectively deepen digital divides in the country and seriously undermine the Tinubu administration’s expressed commitment to develop this sector.
“Under international law, all restrictions on the operation of social media companies and other intermediaries must comply with the requirements of legality, legitimacy and necessity.
“The regulation of social media may be incompatible with the services of major social media and private messaging intermediaries, negatively impacting the free flow of information and ideas, and affecting economic and social activities.”
The statement continued, “The National Assembly should put pressure on the Federal Government to comply with the requirements of the Nigerian Constitution 1999 and the country’s international human rights obligations regarding the rights to freedom of expression, privacy and participation.”
“Access to social media is widely recognised as an indispensable enabler of a broad range of human rights. It is central to freedom of expression and the realisation of many other human rights including education, freedom of association and assembly, access to information and participation.
“The Federal Government has the legal obligations to promote and facilitate the enjoyment of human rights, and to take all steps necessary to ensure that all individuals have meaningful access to social media. The authorities should refrain from unduly interfering with access to digital communications platforms.”
SERAP stressed that. as stated in Nigeria’s constitution, “any restriction on freedom of expression constitutes a serious curtailment of human rights,” adding that such restrictions are only permissible when certain criteria are met.
SERAP stated further, “Similarly, Mrs. Francisca Aiyetan, Director, Broadcast Monitoring of NBC, recently reportedly said that without regulation, young people could be misguided. According to NBC, the Federal Government is currently engaging with Google or YouTube, TikTok, ‘so we know the faces behind these [social media] platforms.’
“If the 2023 social media regulation bill which has reportedly passed the first reading before the National Assembly is the same as the 2019 bill, it would impose disproportionate penalties on Nigerians solely for exercising their human rights.”
It added, “According to our information, the newly reintroduced social media regulation bill seems to be the replica of the version of the Protection from Internet Falsehood and Manipulation Bill 2019, with provisions empowering the authorities to unilaterally order the shutdown of the internet.”
“A similar bill to regulate social media was considered by the National Assembly in 2015 but failed to pass into law after public outcry.”
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