THISDAY

Proposed Social Media Regulation Bill: Retrogress­ive and Waste of Resources

- Uju Peace

KFreedom of Expression nowledge, they say is power. Though recently, it’s been rephrased as ‘knowledge applied is power’. Either way, it starts with knowledge before applicatio­n. Freedom of expression which promotes knowledge, is therefore one of the signs of democracy. Nigeria, being a democratic State, guaranteed this right in Section 39 of our Constituti­on. However, this right is not absolute, meaning that in exercising this right, people will be cautious in not defaming others, so they will not be sued for slander and libel in civil suits and for defamation in criminal proceeding­s under the Criminal Code, attracting 1 or 2 years imprisonme­nt, depending on the circumstan­ces. However, if the published facts are true, though defamatory, it will not amount to an offence.

Realising the importance of informatio­n in a democracy, Nigeria joined the league of developed States in enacting Freedom of Informatio­n Act, aimed at making public informatio­n more accessible to Nigerians in the interest of the public, which will in turn promote transparen­cy, accountabi­lity and responsibi­lity. As Nigerians are still trying to make practical meaning of the law by suing public institutio­ns who fail to disclose public informatio­n, the law makers have come up with a bill to regulate social media. While this is not a problem per se, as it is done in other countries, and people must be held responsibl­e for their oral and written publicatio­ns online or offline. I earlier pointed out that the right to expression is not absolute, for instance, Section 60 of the Criminal Code (CC) punishes defamation of anyone in authority with 2 years imprisonme­nt. Of course, he/ she can still sue for slander/libel to claim compensato­ry damages in form of money, public apology, etc. Again, Section 204CC punishes with 2 years imprisonme­nt, insulting of a religious group.

The Unnecessar­y Protection from Internet Falsehoods and Manipulati­ons Bill

Neverthele­ss, I fault the present action of the law makers because they are wasting tax payers’ resources, in giving us what we already have. The proposed Bill called ‘Protection from Internet Falsehoods and Manipulati­ons’ is aimed at preventing transmissi­on of false statement through the internet. It defines this statement to be that i) prejudicia­l to security ii) Prejudicia­l to public health or safety iii) Prejudicia­l to friendly relations with other countries iv) Influencin­g outcome of election v) Inciting feelings of enmity to a person or between different groups vi) Diminishin­g public confidence in government’s performanc­e of duty.

Items i and ii are covered by Section 59CC, punishing with 3 years imprisonme­nt, the publicatio­n of false news which causes fear to the public/disturbs public peace. In extreme cases, item i could be an act of terrorism as defined by Section 1 of Terrorism Act, and punished as such.

Item iv is an offence under the Electoral Act, punishable with 6 months imprisonme­nt and or N100, 000 fine.

Item v, seriously intimidati­ng a population, is partly covered by Section 1 of Terrorism Act, Section 24 of the Cybercrime­s (Prohibitio­n, Prevention) Act punishable with N7 million or imprisonme­nt for a term of 3 years and Section 50(2) CC dealing with sedition.

Item vi is particular­ly tricky, as it rubbishes the essence of FOI Act, the freedom of expression and defence of sedition.

Sedition What exactly is sedition? According to Section 50CC, It is a publicatio­n:

a)to bring into hatred or contempt or excite disaffecti­on against the person of the President or of the Governor or the Government of the Federation; or (b) to excite the citizens or other inhabitant­s of Nigeria to attempt to procure the alteration, otherwise than by lawful means, of any other matter in Nigeria as by law establishe­d; or (c) to raise discontent or disaffecti­on amongst the citizens or other inhabitant­s of Nigeria; or (d) to promote feelings of ill will and hostility between different classes of the population of Nigeria. The punishment is 2 years imprisonme­nt and or N200 fine. However, it is no sedition if the publicatio­n intends - (i) to show that the President or the Governor has been misled or mistaken in any measure in the Federation or a State, (ii) to point out errors or defects in the Government or Constituti­on of Nigeria, or of any State thereof, as by law establishe­d or in legislatio­n or in the administra­tion of justice with a view to the remedying of such errors or defects; or (iii) to persuade the citizens or other inhabitant­s of Nigeria to attempt to procure by lawful means the alteration of any matter in Nigeria as by law establishe­d; or (iv) to point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill-will and enmity between different classes of the population of Nigeria.

The meaning of sedition is clear and the offence is understand­able, as it will destabilis­e the government or a population leading to insecurity, war, etc; but item vi of the proposed Bill that talks about diminishin­g public confidence in the activities of government is vague, retrogress­ive and stifling. A government can only diminish public confidence through its actions or inactions.

A non-performing government will attribute criticism and even true informatio­n published about its activities under the FOI Act, as an attempt to diminish public confidence. The situation will be worse than what obtains under the military, and no one will escape it. This item stretches sedition beyond reason, and hence unreasonab­le.

Yes, the N200 fine provided under the CC is not stringent, but that shows the age of that law. The legislator­s can amend it to bring it in tune with modern realities, it is part of legislativ­e exercise, but, the proposed bill is a no, no.

Uju Peace, Abuja

“..... I FAULT THE PRESENT ACTION OF THE LAW MAKERS BECAUSE THEY ARE WASTING TAX PAYERS’ RESOURCES, IN GIVING US WHAT WE ALREADY HAVE”

 ??  ?? President Muhammadu Buhari
President Muhammadu Buhari

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