A coalition of national and
international civil society organizations has written to the Senate
asking it to dump the Frivolous Petitions (Prohibitions, etc) Bill,
otherwise called Social Media Bill which seeks principally to muzzle
free expression in the social media in Nigeria.
The coalition said further: "The bill criminalizes defamation against individuals or groups, as well as dissent against the government, with wholly vague and disproportionate restrictions that do not strictly pursue legitimate purposes.
The coalition said instead of expending
public resources on the bill, the senate should rather consider a draft
‘Digital Rights and Freedom Bill’ crafted by some civil society groups
and forwarded to the legislature for attention.
In a memorandum to its joint Committees
on Judiciary, Human Rights and Justice, the coalition also urged the
senate to amend or remove the penalties under Section 24(a) and 24(b) of
the Cybercrime Act 2015.
The coalition comprises the following
CSO: AccessNow; Co-Creation Hub; Centre for Information Technology and
Development; CIVICUS; Enough is Enough Nigeria; Media Rights Agenda; and
Paradigm Initiative Nigeria (PIN). The memorandum dated March 2, 2016,
was signed on behalf of the organizations by Mr. Gbenga Sesan, Executive
Director of PIN.
In the memo, the coalition said the
social media bill is "a dangerous encroachment upon free expression" and
urged senate to "reject it from further consideration" in line with its
argument that "the use of social media is a mainstay of free expression
in the digital age, and criminalizing its use under the guise of
"frivolous petitions" will adversely impact human rights while violating
the principles underpinning Nigeria’s own constitution."
On the requirement by the bill for any
person submitting a petition to the government to have an accompanying
affidavit, the coalition said such “would harm government transparency,
making it more difficult, and costly, to complain about public services
or graft.”
The memo detailed constitutional and
international legal instruments to which Nigeria is subscribed to which
collectively make the bill’s "overbroad language have a chilling effect
upon free speech online."
The coalition said further: "The bill criminalizes defamation against individuals or groups, as well as dissent against the government, with wholly vague and disproportionate restrictions that do not strictly pursue legitimate purposes.
"These fatal flaws fail to comport with
international human rights standards and domestic law. The bill also
presents unbalanced and short-sighted policy calculations. This bill
cuts against Nigeria’s spirit of openness and support for a vibrant free
press and an innovative internet eco-system.
"Journalists would be at risk of
criminal penalties for reporting on public officials, silencing a
crucial tool to combat corruption and encourage accountable governance.
Already the continent’s largest economy, Nigeria has 15 million Facebook
users, and its technology sector is rapidly expanding. This restrictive
law will only harm innovation and deter investment." Read more on OrderPaperToday
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