The latest move by the federal government to regulate the cyber space has re-ignited raging debate over what constitutes fake news and misinformation through the social media. SAMSON BENJAMIN examines the argument for and against the move.
The federal government on October 29, 2019, said it was working on how to inject sanity into social media, which it said was currently out of control.
The Minister of Information and Culture, Alhaji Lai Mohammed, disclosed this at a press conference in Abuja. Mohammed said no responsible government would sit back and allow such activities capable of setting the country on fire to continue unchecked. “It has reached a level that the government may just no longer fold its arms and allow this to continue,” he said.
The minister assured stakeholders that responsible journalists have nothing to fear as the government’s intention is not to gag the media. He said the intention of the government was to restore sanity to the nation’s cyberspace.
“It must be put on record that Nigeria is not the only country that is doing something about this, Germany, Egypt, Russia, India and the UK are all doing something about regulating the social media platform,’’ he said.
Move long overdue
Speaking to Blueprint Weekend on the issue, a legal practitioner Barrister Mustapha Agwai said the regulation of social media in Nigeria was long overdue as the activities of actors have gone out of control.
“When we talk about fake news, dissemination of hate speeches, they are so prevalent in social media. These people do not have any form of regulation; once you have a smart phone you just begin to send all manner of things.
“We cannot allow our media environment to be overtaken by fake news and hate speech, especially on the social media,” he said.
Lack of professionalism
Similarly, an Associate Professor and Head of Department, Mass Communication at the Abia State Polytechnic, Aba, Dr. Uwaoma Uche, at the 2019 Media Week of Correspondents Chapel, Abia State Council of the Nigeria Union of Journalists (NUJ) said, though the benefits of social media are enormous, the practitioners must be those professionally trained in journalism.
“The involvement of untrained people in the social media space negates true journalism; hence, they should not be allowed to continue operating.
“Many are in the habit of releasing uncensored news, and are responsible for the prevalence of cyber-crime, cyber bullying, aiding suicides, escalation of hate speeches, insults, harsh opinions and others. By so doing, pose huge security risk, security theft and information leaks.
“We must as a people set mechanism for proper monitoring of bloggers, social media and online practitioners to prevent the likelihood of their destroying the society and devaluation of national values,” he said.
Move unconstitutional
However, a former Vice-President of the Nigerian Bar Association, Rivers state chapter, Barrister Belema Tonye, told Blueprint Weekend that any social media regulation by government that is against freedom of expression and not in line with the Nigerian constitution would be rejected by the people.
He said: “Let me say this, any regulation must have the backing of the law. There must be enactment of law. There would be a National Assembly enactment in which they would define how they want to regulate social media and that particular law would attract stakeholders to look into the enactment of the law. People would make contributions before they enact the law.
“I would not know the manner of regulation they are referring to. Is it that people would not be able to express themselves anymore or when you express you will be sanctioned and all that?
“I think we need to know which direction they are trying to regulate. Let us know in what manner. Freedom of expression is already guaranteed by the constitution and there is no law today that can be enacted that would oust the provision of the constitution in regards to freedom of expression.
“So, any law that is enacted that runs contrary to the provisions of the constitution would be declared null and void.
“Any regulation of social media that interferes with the freedom of expression of the people would be declared invalid either by way of regulation or enactment.
“Freedom of expression is already guaranteed by the constitution and there is no law today that can be enacted that would oust the provision of the constitution in regards to freedom of expression,” he said.
NUJ rejects plan
Similarly, the NUJ has rejected the step by the federal government to regulate social media operators in the country.
The union stated its position in a communiqué signed by the National Secretary of the union, Shuaibu Leman, and issued at the end of the National Executive Council (NUJ) meeting on November 1, 2019, in Lokoja.
The union called on the minister of information and culture not to succumb to the temptation of restricting the social media as the attempt could easily lead to “gagging the media.”
Minister disagrees with NUJ
However, in his reaction to the stand of the NUJ on the proposed regulation the minister expressed concern that the NUJ and other media professional bodies, which were supposed to support the regulation were kicking against it.
“This is amusing because they should be glad as they are the one we are protecting. The honest truth is that the established, well trained professional journalists do not indulge in fake news and hate speech because they have regulatory bodies already.
“The NUJ has regulatory body and Code of Conduct and they are largely not the one responsible for the dissemination of fake news and hate speech.
“I am, therefore, really surprised that such criticism is coming from them because they are the people we are protecting and they are the ones that will benefit the more from the government action,’’ he said.
Government also guilty
Meanwhile, human right activist Professor Chidi Odinkalu has accused people close to the government of making hate speeches with impunity while some persons not guilty have been punished for less.
Odinkalu stated this while speaking with a national daily on Twitter. “There are different rules guiding the different social media platforms, they have their Dos and Don’ts. When you violate those rules, they take their actions. It is okay for anybody to express their freedom to speak anywhere.
“Some of the people violating and promoting hate speech on social media are people close to power, but the government is not doing anything about it.
“Some of the people that have been arrested are not people that didn’t violate hate speech rule; take Agba Jalingo for instance. Those that indeed violate those rules are left to walk scot-free,” he said.
Misplaced priority
In a chat with Blueprint Weekend a digital right activists and the Convener of Good Governance Nigeria Ameh Onoja said the move was an indication that government has not got its priority right, and if allow would be against digital freedom in Nigeria.
“Government has surreptitiously started regulating the social media as evident in the increasing harassment of bloggers and other social media activists for one flimsy excuse or the other.
“Indeed, if this regulation is approved, it will not only repress digital rights but also join a long list of legislations that are already inimical to freedom of expression.
“It is unfortunate that a government that benefited from social media is turning around to regulate the same tool citizens have for holding government to account. Fake news and disinformation are a global phenomenon that needs to be addressed. Other nations did not deal with fake news by regulating social media or limiting free speech.
“Indeed the move to regulate the social media only further confirmed that the present government lacked agenda for the welfare of the people. Poverty is rising coupled with the spate of insecurity and other challenges that have been compounded by the lack of clear-cut agenda. And they are not concerned with how to fulfil their promises and help the cause of the country.
“What matters to them now is to stifle one of the few avenues for the suffering Nigerians to express their minds, and curtail their rights to fundamental freedom.
“I find it particularly interesting that a few months after the very progressive Digital Rights and Freedom Bill was rejected by the President, the state has already made moves to take away the very rights that the Digital Rights and Freedom Bill sought to protect.
“It is important that the authorities in Nigeria take steps to promote and protect freedom of expression and digital rights and remove any impediments in the enjoyment of these rights,” he said.
New legislation unnecessary
Also, Barrister Tonye charged the government to implement the existing laws rather than proposing a whole new legislation.
“For example, Sections 373, 375, and 376, of Nigeria’s Criminal Code Act as well as the Defamatory and Offensive Publications Act all criminalise defamation. Again, Section 418 of the Penal Code which states that Whoever circulates, publishes or reproduces any statement, rumour or report which he knows or has reason to believe to be false with intent to cause or which is likely to cause fear or alarm to the public whereby any person may be induced to commit an offence against the public peace, shall be punished with imprisonment which may extend to three years or with fine or with both.
“Furthermore, both Sections 59(1) and (2) of the Criminal Code Act and Section 418 of the Penal Code are used to try false publication offences. What study has been done on how Nigeria has implemented the plethora of defamation, national security and cybercrime and internet laws and to what effect? These are some of the crucial questions that must be answered by anyone calling for additional laws to regulate social media.
“With all the developmental issues that affect Nigeria; one would think the last thing the State would think about is legislation to regulate social media. It is therefore difficult to understand what the Nigerian government seeks to achieve with a new social media law,” he said.
Process underway
Meanwhile, the federal government has said it has commenced the process of injecting sanity into the social media space to prevent it from setting the nation on fire.
The minister for information disclosed this in an interview with journalists on November 5, in Abuja. He said, “As a matter of fact, we have already put in motion the machinery for this. We have written letters to the major stakeholders who would nominate representatives and we are going to sit down together to decide on how best to confront this menace.’’
Mohammed said the government welcomed the debate that had followed the decision and announcement, stating: “We are glad about the criticism because what we set out to achieve is to bring the matter to the front burner of discourse. We are not under any illusion that the people will take this hook line and sinker.
“We are, however, glad that there are more people who believed that the social media poses an imminent danger to the unity of Nigeria, especially as they have become merchants of fake news and hate speech.”
The minister noted that those who had opposed the regulation of the social media had not denied the fact that the platform was being used by purveyors of fake news and hate speech with grave consequences.
“Their concern largely, which is unfounded is that it might lead to the stifling of the freedom of the press or gaggling the media.
“However, we want to make it clear that it is not our intention to do this. The only people who are afraid of the decision to sanitise the social media and the airwaves are the purveyors of hate speech and fake news,” he said.
