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

Thu Mar 17 10:11:31 EAT 2016

Agreed, this can happen to anyone.

Is it a good idea to have to draft a unified blog post that we can also all
cross post to our blogs to have a unified talk on this matter?

On Thu, Mar 17, 2016 at 8:29 AM, Ali Hussein <ali at hussein.me.ke> wrote:

> There's a worrying trend across Africa to roll back reforms and democratic
> progress in freedom of speech and association.
>
> Africans across the continent must stand up and be counted.
>
> Ali Hussein
> Tel: +254 713 601113
> On Mar 17, 2016 7:08 AM, "Ahmed Mohamed Maawy via kictanet" <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> 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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>>
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>>
>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>

-- 
*Ahmed Maawy*
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