Between hate speakers and free speech
Free speech, protest and other constructive participation of common man in government policies and programmes in a democratic society seems to be bankrupted in Nigeria. Anti-government protesters are brutalized, social critics are considered as hate speakers. It seems the government cheers when no individual challenge it and becomes sober when eyebrow raised on it. It perhaps, prefers masses to remain aloof, docile and holding their jaws.
Meanwhile, the 1999 constitution in section 39(1) states that “every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference”. This also, prompted the former President Goodluck Jonathan to assent to the belated Freedom of Information Bill, FoI in 2011. This, paved way for individual to make their voice register on national discourse.
The constitution allows ownership of media outfit(s), ranging from: radio, TV, newspaper and other medium. But the economy denies us the right to own one, the rich, politicians and their associates, religion organisations only establish mass media. The new media stand as affordable way of reaching out to mass and hope of common man to make their voice heard on issues affecting them as the traditional media resort in ‘hyper-commercialisation’.
On Monday 19 August, 2017, President Muhammed Buhari during his National broadcast after his return from UK said “I have been kept in daily touch with events at home. Nigerians are robust and lively in discussing their affairs, but I was distressed to notice that some of the comments, especially in the social media have crossed our national red lines by daring to question our collective existence as a nation. This is a step too far”. These generated condemnations from groups and individuals, that, it’s a way of silencing the oppositions.
Hate speech, does not embroil where social justice occurs. The agitation of the IPOB, heavily armed Niger Delta Avengers, Arewa youths and other groups come out of perceived injustice. In this case, a strong government action is required to settle these separatists. The federal government needs not, a hate speech court. Rather, strengthen the Law of Sedition to monitor any defamatory communication.
The law of sedition clearly frowns on hate speech as stated in the Criminal Code of 1999 constitution, section 50(2): “to bring into hatred or contempt or to excite disaffection the person of the President, or the Governor of a state, or the government of the Federation, or of any state thereof as by law established or against the administration of justice in Nigeria”.
With this, citizens must learn to be constructive critics, bringing government officials on their toes on the available media. In United State, citizens protest not only physically but also on social media to challenge the excesses of President Trump. Recently, South African President, Jacob Zuma narrowly escaped impeachment that was triggered by unsatisfied citizens.
Nigerian military has said that “we are now monitoring internet for hate speech...” In this case, a proper trial of culprits in competent court of law will strengthen the move, otherwise, the freedom of speech of individuals would be authoritatively hijacked.
To government, with the threat of monitoring social media by the security agents, Nigerians’ right to freedom of expression now is in danger.
Rauf Oyewole, Abuja