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Nigerian Government Regulating Social Media Use

Published: Tuesday, January 16, 2018

Hate Speech, Disinformation, Fake News and National Unity

The growth of the internet has been the biggest social change in recent history. The enhanced degree of connectivity it offers continues to be the catalyst for growth. The internet has not only enabled legions of entrepreneurs but also reduced the barriers to trade by allowing people from across the globe to communicate, co-operate and innovate like never before.

Through the medium of social media the internet can, perhaps like no other tool available to the modern citizen, help hold governments to account by giving a clearer voice to previously unheard. Our nation’s growing reliance on cyberspace, to improve commerce and communication opens it up to an ocean of possibilities whilst simultaneously exposing its citizens to new risks and manipulation. This includes, as already highlighted by the Minister for Information and Culture at the recently concluded extra-ordinary meeting of the National Council on Information, hate speech and misinformation.

We commend the National Council on Information for redoubling its efforts against the tide of misinformation that stifles the essential dialogue between government and the governed. However, it is worth considering some of the provisions of the Cybercrimes (Prohibition, Prevention Etc.) Act No. 17 of 2015. 

Under section 24(1) of the Act, a person who knowingly uses a computer system to send messages that are grossly offensive, obscene, menacing or he knows to be false for the purpose of causing danger, injury, criminal intimidation, hatred or needless anxiety has committed an offence. Conviction of such an offence is punishable with a fine of up to N7,000,000.00, or a prison sentence of up to three years, or both fine and imprisonment.

Section 26(1) of the Act also makes it an offence to distribute racist or xenophobic material or to threaten or publicly insult a person because of their race, colour, decent or ethnic origin through a computer or system network to the public. This offence is punishable with a fine of up to N10,000,000.00, or a prison sentence of up to five years, or both fine and imprisonment.

Strict enforcement of already existing provisions like these will aid in the ongoing struggle against those that would free-ride over our constitutional liberties without accepting the responsibilities that accompany the right to free speech.

Sandra Oyewole
Olajide Oyewole LLP (A member of DLA Piper Africa)
Country:
Nigeria
Practice Area:
Patents
Phone Number:
+234 1 279 3674
Fax:
N/A
Olajide Oyewole LLP was established in 1964 and is one of the largest firms in sub-Saharan Africa. Our firm has provided efficient services that are adaptive and tailor-made for our clients. We get straight to the point of the commercial challenges faced by our clients and make it our business to understand their industry, their everyday concerns and their future goals. The Firm aims to deliver an incomparable client experience, and our clients interact with the very best lawyers, who have some of the finest legal minds in the industry, who also possess a refreshingly creative and resourceful approach to work. Olajide Oyewole LLP recently become a member of the DLA Piper Africa Group. DLA Piper is ranked as the world’s number one law firm according to Who’s Who 2016 and Merger Market League Tables. It has also been ranked as the number one “game changer” for the past ten years by the Financial Times. As general counsel, Sandra provides legal services on a multitude of issues to various sectors and industries. In the first 8 years of Sandra’s career, she acquired significant dispute resolution experience at all levels of Nigeria’s judicial system. With the development of her analytical, oratory and drafting skills, Sandra joined Olajide Oyewole and Co.(as it was then named) in 2001 as a partner where she guided the growth of the Firm’s practices in advertising, brand protection, broadcasting, employment, entertainment, estate planning, hospitality, immigration, information technology, intellectual property, media and sports. Sandra has in depth knowledge of Nigeria’s creative and innovative industries, regularly structuring deals and providing legal and regulatory advice. Sandra is often invited to speak at seminars and workshops in and outside Nigeria on matters pertaining to chain of title, intellectual property and Nigeria’s creative industry. She has a number of articles published and is committed to the strengthening of Nigeria’s anti-piracy and intellectual property laws and policies.

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