As the National Broadcasting Commission (NBC) prods the National Assembly to regulate the social media space through a bill, ROTIMI AGBOLUAJE reports that just like in previous attempts, there are strong oppositions to the enactment of such law in a democratic environment.
Before now, the Federal Government had made various spirited attempts to regulate social media and online platforms. For instance, in 2015, the National Assembly started a campaign against the abuse of social media and attempted legislation to regulate it.
On June 4, 2021, the Federal Government also banned Twitter after the social networking application deleted a post it considered offensive by the former president, Muhammadu Buhari.
Again, on June 13, 2022, the National Information Technology Development Agency (NITDA) released an 11-page document, which it called a draft Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries. However, all the attempts couldn’t sail through.
Just recently, Mr Dele Alake, who was the Special Adviser to President Bola Tinubu on Special Duties, Communications, and Strategy, during his screening at the Senate for a ministerial post, advocated the strengthening of laws to regulate the use of social media.
Alake said the downside of social media is detrimental to a good and decent society, pointing out that, “even victims of libel, aspersion, defamation and all kinds of negativity hesitate to apply the existing laws on the culprits.”
Even though Alake was not assigned to the Ministry of Information, the NBC, which is an agency in the ministry, is not relenting in its bid to push through the plot to regulate social media platforms.
From all indications, the Federal Government seems bent on regulating the sector, as the NBC recently disclosed that a bill to regulate social media platforms had been sent to the National Assembly.
According to the Director-General of the NBC, Balarabe Ilelah, the bill tagged “Social Media Regulation Bill,” is seeking to repeal and reenact the NBC Act, CAP L11 laws of the Federation of Nigeria 2004. Ilelah stressed that the bill would correct ills associated with social media, which he described as a monster in society.
The NBC DG said that the current law governing social media in the country does not give the Commission the right to regulate it. Ilelah said: “We want to tell you that a bill for an act to repeal and amend the NBC Act, CAP L11 Laws of the Federation of Nigeria 2004, to accommodate the transition from analogue to digital broadcasting service, also to promote quality audio and video, efficient management of the spectrum, Nigeria Broadcast Institute, social media regulation, and related matters have been read for the first time on the floor of the National Assembly.
“All these that are mentioned are not captured in the present Act of the Commission. We have already submitted a bill to amend the Act. One of our major problems now is social media. Unless there is a law that allows the NBC to act on social media, the issue will continue to be a monster in our daily lives in this country.”
As expected, there are divergent views about the proposal as legal practitioners, scholars, human rights activists, and media aficionados have criticised the plan, while a few others praised the move with cautious optimism.
The Socio-Economic Rights and Accountability Project (SERAP) in condemning the move, urged the Senate President, Mr. Godswill Akpabio, and Speaker of House of Representatives, Mr. Tajudeen Abbas “to reject the recently reintroduced Social Media Regulation Bill which if passed would unduly restrict the rights to freedom of expression and privacy.”
SERAP said the bill would “criminalise the legitimate and lawful exercise of human rights.”
In the letter dated October 14, 2023, and signed by SERAP’s deputy director, Kolawole Oluwadare, the organisation said: “Social media is neither Nigeria’s problem nor a monster. Any regulation of it would have arbitrary and excessive effects, and cause incalculable damage, both in material and human rights terms.”
Also, the Dean of, the Faculty of Law, KolaDaisi University, Ibadan, Prof. Adebowale Hassan, vehemently opposed the bill, saying the move is a step to gag freedom of expression as enshrined in the 1999 Constitution (as altered).
He said: “The bill is still a proposal. It will not stand. It is like gagging the press. They should allow the press to breathe. Freedom of expression is guaranteed under Section 39 of the Constitution. The bill is unconditional.”
Similarly, a Senior Advocate of Nigeria (SAN), Chief Yomi Alliyu, said the bill is an overkill aimed at gagging freedom of expression.
The SAN said: “The bill is brought in dead. The National Assembly should not allow any bill that smacks of authoritarianism to see the light of day. I do not think those in the NBC know the meaning of freedom of expression guaranteed by the constitution. Such a bill will gag the right of the people to express themselves freely and without being censored by any draconian law.”
Alliyu, who said that there are enough laws to regulate social media, pointed out that the laws of sedition and libel are enough to regulate social media. According to him, “an additional law will constitute an overkill. We are neither in China nor Iran,” he stressed.
In his view, a social commentator and political science lecturer at the University of Ibadan (UI), Dr. Stephen Lafenwa, warned that the only democratic dividend that Nigerians partly enjoy, which is free speech, should not be trampled on via draconian laws.
He urged the NBC to rejuvenate its legal department and ensure that it prosecutes offenders in courts.
Lafenwa said: “The agency should not put the cart before the horse, by not inviting critical stakeholders – the end users for dialogue before submitting anything to the National Assembly. Sanctions belong to the court of law. The agency should rejuvenate its legal department, if there is any, and ensure that they prosecute.”
Also speaking, a paralegal activist, Omololu Ejidiran, said that the moves by the government look like an attempt to gag the media. He expressed fears that the state tends to make draconian decisions using laws.
He said: “Section 39 of the 1999 constitution recognises and guarantees freedom of expression and speech. This right is not absolute, it has exceptions.”
He, however, stated that though the state has the tendency to be draconian and often attempts to gag the media under illegal regulations, regulating social media is essential to check the excesses of the abusers. Ejidiran warned that the regulation must comply with the principles of fairness and must be void of intimidation and harassment.
Another don, Dr. Bayo Busari, expressed the view that regulating the social media space may not fully achieve its intended purpose considering that Nigerians found a way to circumvent the Twitter ban under Buhari.
Busari said: “The abuse or misuse of social media is not peculiar to Nigeria as other countries of the world are confronted by this menace, but they have been able to weather the storm owing to the level of their education and patriotism among the citizens.”
He suggested that NBC should rather educate Nigerians on responsible ways of using social media.
In his submission, Mr Justice Atose, a lawyer, said that it would be difficult to regulate social media because of its global nature.
He said: “How can they sanction something global? The only people they will have power over are the operators. For example, if someone posts something from America, how can your sanction apply to them in Nigeria? I am eager to see the draft, it’s only after that I can make an emphatic statement”.
Prof. Olu Ojedokun of the Faculty of Law, Lead City University, Ibadan, said that due diligence and care should be taken to ensure that a balance between regulation and censorship is not crossed.
“There should be no limit to free speech in social media and unhindered and unwarranted fake news should be curtailed, curbed, and discouraged without tipping the scale or being used as a wedge by the government. Any amendment reflecting the reality of the growing and unwieldy nature of social media is welcome.”
Lawyer and former media adviser to two former governors at different times, Dr Festus Adedayo, argued that the proposed regulations should be done by the practitioners and stakeholders. Adedayo called for a National Media Stakeholders’ Conference, where all would agree on the mode of the regulation.
Adedayo said: “Practitioners should do self-censorship on how they want social media operation to be. We should not allow the government to do it for us, because the government will do it according to their whims and caprice. They are afraid of us. Our government is afraid of the power of the media. So, if they do it, they will regulate it as it suits them.”
On her part, a law scholar at the Lead City University (LCU), Ibadan. Dr Aderonke Adegbite said that bringing in a new law is not necessary. According to her, it is better to amend existing laws to accommodate the new development. Social media, she said, is an evolution that extant laws and statutes could be amended to take care of.
She said: “Regulation of the media is the function and duty of the NBC. Social media is an evolution. It is a new development. No matter the new law, it cannot accommodate all activities. They need to amend the existing laws. Let them expand the scope of existing laws, institutions, and jurisdictions to cover social media activities. There is no need for a new law. There are defamation, libel, criminal regulations, and others.”
Another lawyer, Oluwaseun Awotunde said what the government is doing is a welcome development. He believes that since law evolves, any legal idea that will improve the media space is acceptable, provided the motive for such is genuine.
“However, I hope it won’t be a technique to suppress free expression of thought to the benefit of politicians or to restrict the media under the guise of national security,” he declared.
Also, Yomi Ogunlola, a lawyer and public affairs analyst, thinks that social media should be regulated. For him, going by what is obtained on those platforms, there is no blame for anyone who wants to regulate social media. He, however, maintained that such a law must not infringe on the fundamental rights of the people.
Throwing his weight behind the bill, Fatai Akinsanmi, a lawyer said: “I support the bill because the impact and consequences of the present global technological advancement, which is the main social media tool, was not fully captured in the NBC Act. I have not read the new amendment, but I am of the view that the amendment is necessary.”