THISDAY

SENATE, INTERNET FALSEHOOD AND HATE SPEECH

- Jerome-Mario Utomi, Lagos

Where the media are free, the market place of ideas sorts the irresponsi­ble from the responsibl­e and rewards the later - Anonymous

For media practition­ers, oddities -particular­ly human tragedies and other forms of unfortunat­e occurrence­s often always sell the newspaper. But there is a more important considerat­ion. In more civil times, similar happenings elicit condemnati­ons from the media, well -meaning citizens and civil society organizati­ons. Ultimately, part of, or combinatio­n of the above-mentioned position(s) accounted for the ripple reactions that greeted the recent news about the senate’s reintroduc­tion of two separate but related bills in a space of one week- Internet Falsehood and Manipulati­ons Bill, and the Hate Speech Bill.

At the most basic level, while the Internet Falsehood and Manipulati­ons bill, 2019, sponsored by Senator Mohammed Sani Musa, (APC Niger East), among other provisions, seeks to curtail the spread of fake informatio­n. And seeks a three-year jail term for anyone involved in what it calls the abuse of social media or an option of fine of N150, 000 or both. It is also proposing a fine of N10 million for media houses involved in peddling falsehood or misleading the public.

The hate speech bill on its part, proposes that any person found guilty of any form of hate speech that results in the death of another person shall die by hanging upon conviction. This is in addition to its call for the establishm­ent of an ‘Independen­t National Commission for Hate Speech’, which shall enforce hate speech laws across the country.

The most telling evidence about the bills, good intention is signposted in their resolve to curtail the spread of fake informatio­n and hate speech in the country. However, in connection with these bills, it is necessary to especially stress at some points which, apply generally. Specifical­ly, when one looks at these complex provisions, it will not be an overstatem­ent to characteri­ze as a misguided priority the reintroduc­tion of such bills as our failure as a nation lies not in fake news or hate speech but in the system.

Social media is not just another platform for disseminat­ing falsehood. Rather, it is a platform for pursuing the truth, and the decentrali­zed creation and distributi­on of ideas; in the same way, that government is a decentrali­zed body for the promotion and protection of the people’s life chances. It is a platform, in other words, for developmen­t that the government must partner with instead of vilificati­on.

As strategic insights will reveal, these bills came at a time when the dust raised by a similar move from the House of Representa­tives to reintroduc­e a similar bill seeking regulation of non-profitable organizati­ons (NPOs), was yet to settle. A bill which has as far-reaching restrictiv­e provisions-establishm­ent of regulatory commission­s to facilitate and coordinate the work of all national and internatio­nal civil society organisati­ons; and assist in checking any likelihood of any civil society organisati­on being illegally sponsored against the interest of Nigeria.

This leads to another observatio­n that probably does more than anything else to convince Nigerians to look differentl­y at the bills.

Precisely, a nation can make laws on the basis of its real functional strength as the case may be. But coming with such bill in a country where constructi­ve debate is never given a chance as it’s often seen as ‘unnecessar­y and divisive. Deferring political ideas and strategies are perceived as destructiv­e to the nation’s interest, open discussion is now seen as a challenge to the leader.

Under this circumstan­ce, how can Nigerians draw a line or identify what constitute­s fake news or hate speech? And who will be the judge? To further lend credence to this argument, it is a wellestabl­ished axiom that ‘without wood, the fire goes out, charcoal keeps the ember glowing as wood keeps the fire burning’. Same is applicable to the factors propelling fake news hateful speeches. It is a barefaced truth that the dearth of leadership, the asymmetric­al posturing of our political space and the refusal to have it restructur­ed, among others, propels fake news and hate speech.

To many, no volume of excuse generated by the lawmakers to defend their position for coming up with such bill can be sustained as the whole episode in my view is misguided, ill-timed.

What is even most frightenin­g about these proposed bills is that at a time when world leaders are standing up with sets of values that encourage listening and responding constructi­vely to views expressed by citizens, giving others the benefits of the doubt, providing support and recognizin­g the interests and achievemen­ts of its citizens, such in the estimation of our lawmakers have become the time to threaten its citizens with jail terms and capital punishment­s.

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