Fwd: [Internet Policy] Nigeria Social Media Bill is Back

17 Mar 2016

      Listers,

This might be of interest.

Regards
---------- Forwarded message ----------
From: "livingstone Kalu" <innovativekalu@gmail.com>
Date: Mar 17, 2016 6:03 AM
Subject: [Internet Policy] Nigeria Social Media Bill is Back
To: <internetpolicy@elists.isoc.org>
Cc:

There’s a battle going on in Nigeria over a dangerous bill that threatens
free expression online. The good news is that people in Nigeria are
fighting back, and it recently appeared that the draft law — nicknamed the
“Social Media Bill” by concerned citizens — was beaten back
<http://www.punchng.com/senate-may-dump-anti-social-media-bill/>. But last
week, the Senate revived the bill with little notice. Unless the global
community stands in support of those fighting for free expression in
Nigeria, we may soon see this vaguely worded, misguided
legislation move forward — and the bad ideas that it contains get copied
and pasted into legislation in other countries where free expression is
under attack.

Specifically, the draft bill — officially called “An act to prohibit
frivolous petitions; and other matters connected therewith” — would require
any person submitting a petition to the government to have an accompanying
affidavit, making it much more difficult, and costly, for people to
complain about public services or graft. Further, the text imposes harsh
penalties for tweets or text messages that convey false statements about a
wide range of actors — from “a group of persons” to an “institution of
government.” Nigerians who violate these provisions could be fined up to
N2,000,000 ($10,000) or spend up to two years in jail.

In short, the bill criminalizes speaking out against individuals or groups
online, including expressing dissent against the government, with vague and
disproportionate restrictions that do not strictly adhere to legitimate
purposes.

What’s worse, the language in the draft bill is so broad that it’s not
clear that internet users would even understand how to comply with the law.
It would be difficult to determine whether a post is intended to “set the
public against” a vaguely defined group. At the same time as being
overboard, the bill is illogically specific. It targets WhatsApp, the
private messaging application, and Twitter, the micro-blogging platform.
That’s a particular threat to journalists in Nigeria who use these
platforms to report on issues of public interest, and it could knock out a
vital tool for combating corruption and keeping government accountable.

The threat to free expression is compounded by the threat to innovation in
Nigeria. Already the continent’s largest economy, Nigeria has 15 million
Facebook users and over 97 million mobile internet subscriptions. Its
technology sector is rapidly expanding. This restrictive law would only
deter investment and discourage further development of Nigeria’s internet
ecosystem.

Fortunately, activists in Nigeria are continuing to speak out, protesting
both on and offline. In addition, if the bill passes into law, there may be
legal avenues for fighting it. There are strong protections for free
expression in Nigeria’s constitution, and Nigeria has also ratified the
African Charter on Human and Peoples’ Right, which guarantees this right.
Furthermore, free expression is protected under international law, and the
United Nations has specifically stated that the right to free expression
applies online.

About two weeks ago, Senate President Bukola Saraki reassured activists
when he stated that section 4 of the bill would not be passed
<http://www.punchng.com/anti-social-media-bill-wont-be-passed-saraki/?utm_source=dlvr.it&utm_medium=twitter>.
(He appeared to be referring to section 3(4), which prescribes the
penalties for social media.) Yet the Senate has since suddenly revived the
bill and set a Public Hearing — part of the legislative process — for
Monday, March 7. Whether or not section 3(4) is struck from the text, the
Social Media Bill should not be passed.

Nigerian President Buhari has stated that he would not sign any bill that
doesn’t comport with Nigeria’s constitution, and the Social Media Bill
clearly does not. Yet the unrelated Cybercrime Act of 2015 is now in force,
and through sections 24(a) and 24(b), imposes harsh penalties for speech in
the name of security that violate the right to free expression. Clearly,
it’s best to stop this bill now, before it gets any closer to becoming law.

It’s not only Nigeria’s leadership, free expression, and innovation
that are at stake. In internet law and policy, even when a law is beaten
back, it often gets reanimated in legislatures across the globe.

To fight back, the global community that cares about free expression needs
to unite behind common principles,and spread the word: when users’ rights
are under attack, we have your back. As members of the Nigerian Senate hold
the public hearing, they should not be left in doubt regarding the dangers
of the Social Media Bill or any other bill that clamps down on expression
online. It should be withdrawn immediately. Nigerians have spoken out, and
their leaders should listen.

Regards,

Livingstone Kalu

innovativekalu@gmail.com

eStream Networks

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