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

Thu Mar 17 07:08:30 EAT 2016

Asante Barrack. Any pointers on how the Kictanet community can be of value
to this discussion?
On 17 Mar 2016 7:03 am, "Barrack Otieno via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> Listers,
>
> This might be of interest.
>
> Regards
> ---------- Forwarded message ----------
> From: "livingstone Kalu" <innovativekalu at gmail.com>
> Date: Mar 17, 2016 6:03 AM
> Subject: [Internet Policy] Nigeria Social Media Bill is Back
> To: <internetpolicy at 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 at gmail.com
>
> eStream Networks
>
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