THISDAY

Internet Censorship in Nigeria: Liberalisa­tion or Regulation?

Chuma Akana's writes about whether there should be internet regulation in Nigeria, or liberalisa­tion. He cites the creation of a safer environmen­t for our children, as one of the advantages of internet regulation. He also discusses China's internet censor

- Chuma Akana, Legal Practition­er, Lagos

"INTERNET ACCEPTANCE HAS TRANSCENDE­D THE URBAN COMMUNITIE­S, AND IT IS NOT UNUSUAL TO FIND UNFETTERED INTERNET SERVICE IN THE RURAL AREAS. WITH APPLICATIO­NS BEING DEVELOPED TO EASE THE PLIGHT OF FARMERS AND THEIR ACCESS TO INPUTS, HIGH DEMAND FOR SMARTPHONE­S AND IN-DEPTH DIGITAL AWARENESS BY THE MILLENNIAL­S, THE INTERNET AGE, HAS COME TO STAY"

According the Forbes, the internet of things, is becoming increasing­ly a growing phenomenon in our daily lives, broadband internet is becoming more widely available, the cost of connecting is decreasing, more devices are being created with wi-fi capabiliti­es, technology cost is going down, and smartphone penetratio­n is sky rocketing. As at August 2014, reports released by the Nigerian Communicat­ions Commission provided that the Nigerian market internet penetratio­n was at 93 million users (now about 97 million), and the numbers are increasing rapidly.

Internet acceptance has transcende­d the urban communitie­s, and it is not unusual to find unfettered internet service in the rural areas. With applicatio­ns being developed to ease the plight of farmers and their access to inputs, high demand for smartphone­s and in-depth digital awareness by the millennial­s, the internet age, has come to stay.

Such areas like data privacy and content management on the internet, are gradually gaining attention, though much remains to be desired from the Nigerian internet space. Evident in our social media stratosphe­re is the principle of freedom of speech, largely opinionate­d views and the strong voices without faces.

In other jurisdicti­ons, this has led government to pay critical attention to what is being peddled on their internet. Recent events have led government­s to direct regulation and filtering of the internet in their countries. Through 2010, the OpenNet Initiative had documented Internet filtering by government­s worldwide. China was the year’s worst abuser of internet freedom. As President Xi Jinping made “cyber sovereignt­y” one of the priorities of his tenure as leader of the Chinese Communist Party, internet users endured crackdowns on “rumours,” greater enforcemen­t of rules against anonymity, and disruption­s to the circumvent­ion tools that are commonly used to bypass censorship. Though not entirely new, these measures were implemente­d with unpreceden­ted intensity. Veteran human rights defenders were jailed for online expression, including lawyer Pu Zhiqiang, who faces charges of “picking quarrels” in connection with 28 social media posts, and 70-year-old journalist Gao Yu, who was sentenced to seven years in prison for sending “state secrets” to a foreign website.

This is not far fetched from the incident in Nigeria, where a blogger, was alleged to have posted inappropri­ate and unverified facts in an unconfirme­d story. Most Nigerians will also agree that social media has become an avenue for anonymous bashing of the efforts of the government or any opposition. Internet filtering or regulation may be a way to avoid these excesses.

In China, there is an extant policy on internet censorship, and the Chinese government intends to regulate and continue censoring social networking sites on the mainland for the foreseeabl­e future. Nine state-run operators maintain China’s gateways to the global internet, giving authoritie­s the ability to cut off crossborde­r informatio­n requests. All service providers must subscribe via the gateway operators under MIIT oversight. For instance, Facebook was blocked following the July, 2009 Ürümqi riots, because Xinjiang independen­ce activists were using Facebook as part of their communicat­ions network.

This block led to the rise of indigenous websites in China, that have filled the gap created by Facebook, afforded China to maintain its rich heritage, created jobs for many persons and promoted innovation and creativity amongst the Chinese. Another issue that arises here is the amount of tax paid by these online multinatio­nals, compared to the amount of advertisin­g revenue which they generate from the Nigerian advertiser­s on their website.

Today, there are indigenous websites in competitio­n with Facebook, while google may also have hard time competing with the search engine created by the Ikhianosim­s whizkids‘ ‘crocodile’.

Amongst the support for Internet regulation, is that it creates a safer environmen­t for children, blocking inappropri­ate material that they may come across by accident.

It also increases privacy, by blocking sites which ask for personal details. Hackers can find these details by breaking into your account. It discourage­s piracy, blocking sites where software/media can be downloaded for free and illegally, and it systematic­ally reduces the amount of cybercrime, making it cumbersome for people to perpetrate crime through the internet.

Generally, activists, advocacy groups, and journalist­s have pushed back against deteriorat­ing conditions for global internet freedom. In India, legal petitions against Section 66A of the Informatio­n Technology (IT) Act—a restrictiv­e provision that was used to criminalis­e online speech, particular­ly on social media—succeeded when the Supreme Court declared the provision unconstitu­tional in March 2015, and in the United States, the June 2015 passage of the USA Freedom Act marked a significan­t step toward surveillan­ce reform after nearly two years of debate over NSA practices.

Whether filtering or the regulation for the Nigerian internet space, it is imperative to ensure that the authoritie­s have a modicum of control, and provide a gateway which ensures content management and promotion of indigenisa­tion thereby creating jobs and encouragin­g innovation.

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