No To Muzzling Of Social Media - - Leadership

Contrary to the body language of the present administration to promote good
governance, protect human rights and expose corruption, the frenetic pace
with which the “Bill for an Act to Prohibit Frivolous Petitions and Other
Matters Connected Therewith” passed two of the constitutionally stipulated
three sittings in the Senate leaves a putrid taste in the mouth. It has
caused public opinion and discourse to tag the proposed law “Anti-social
media bill” and brought sad memories of press gag into global attention.

On the face value, devoting two consecutive legislative business days and a
record eight days, including setting up three important Senate committees –
Information, Communications Technology; Judiciary to be led by the Ethics
and Privileges Committee, means the Bukola Saraki-led Senate is more
interested in the laws that protect the elite rather than the ones that
favour the masses.

We are worried because the proposed law states that “Where any person
through text message, tweets, WhatsApp or through any social media posts
any abusive statement knowing same to be false with intent to set the
public against any person and group of persons, an institution of
government or such other bodies established by law shall be guilty of an
offence and upon conviction, shall be liable to an imprisonment for two
years or a fine of N2m or both fine and imprisonment.” This is not only
ridiculous, it is asinine. Though the Senate president and some of his
colleagues publicly acknowledged the positive impact of social media on
their political and professional careers, we believe enacting a law to
protect public officers is time-wasting, frivolous, hypocritical and should
be an embarrassment to all democrats.

We are not unmindful of perky news freely shared on social media, but
democracy as a form of government permits free speech and unfettered
sharing of information. Section 39 of the Nigerian constitution guards
people’s right to freedom of expression, including freedom to hold opinions
and to receive and impart ideas and information without interference, as
enshrined in the United Nations Declaration on Human Rights. It is a global
best practice that Nigeria should align with scrupulously. Deviating from
this will amount to a descent to the despotic past where journalists were
jailed for writing truthful reports that embarrassed the privileged class.
Democracy thrives on transparency and anyone that has anything to hide has
no business seeking public office.

The Senate will be progressing in error if it goes ahead in processing this
bill when our statute books are replete with laws dealing with false
allegations, libel, defamation and other torts. The time wasted on the bill
portrays the Senate as idle, bereft of ideas and lacking focus. A
people-oriented legislature should prioritise laws that promote good
governance, welfare for the people and deliver infrastructure and not dwell
on petty issues like restricting the scope of human freedoms, growth of new
platforms of social interaction and public accountability.

It is recommended that the bill be withdrawn immediately and anyone
interested in enlightened self-protection or national interest governance
over the use of the internet or electronic communication, as indicated in
Sections 3 and 4 of the proposed Bill, should read again the content of the
Cybercrimes Bill of 2014. The attempt to jump from petitions/affidavit to
electronic communication on interpretations for intent, petition, and other
issues covered under the Freedom of Information Act and protection of
whistle blowers is not only dubious and unlawful but antithetic to
democratic norms and practices and the constitution to which all Senators
swore to uphold.