Freedom of expression is important for an inclusive participation in society. It also allows citizens to seek out and circulate information, ideas, comments and opinions and hold those in authority to account.

This right extends to the press, providing a platform for multiple voices to be heard. 

The principle of freedom of expression and human rights, according to Paradigm Initiative (PIN), must apply not only to traditional media but also to the Internet and all types of emerging media platforms, which will contribute to development, democracy and dialogue.

In a recent press statement by the PIN, Boye Adegoke who leads Paradigm Initiative Digital Rights Programs in Africa, said they acknowledge that it is not an unfettered right and there are legal safeguards to protect those who may be vulnerable and prevent the abuse of these rights.

“However, around the world, there are governments and those wielding power who find many ways to obstruct it.

“The Economic Community of West African States (ECOWAS) Court reinforced the importance of this right with their recent judgment on the Twitter ban, where it held that access to Twitter, being one of the social media platforms of choice to receive, disseminate and impart information, is one such derivative right that is complementary to the enjoyment of the right to freedom of expression pursuant to the provisions of Article 9 (1) & (2) of the African Charter on Human and Peoples’ Rights (ACHPR) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR). Consequently, to derogate from such a right requires lawful justification.

“Although the court made its position clear, the civic space especially online has been shrinking for some time”.

The concerns:

“We saw the passing of the Cybercrimes Act, the rejection of the digital rights and freedoms bill, the initiation of the hate speech and social media bills and now the draft Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries and Conditions for Operating in Nigeria (by the National Information Technology Development Agency)”. 

PIN’s call to action goes to all stakeholders involved, thus;

• To the legislature: Pass the digital rights and freedom bill to guarantee the rights of Nigerian citizens in the digital age and to promote trust.
• The Executive: Engage in a broader consultation to achieve an inclusive, democratic and rights-respecting approach to content and platform regulations – This consultation must be had at a level-playing field for all concerned stakeholders(Private sector, government, human rights organisation and digital rights organisations)
• Civil society and citizens must continue to hold government accountable and equally work together with the government for better outputs
• The media must remain dogged to report violations and amplify the voices of citizens who daily use digital platforms to hold the government accountable.

“Finally, to our fellow citizens who hold the highest office in the land. Let us continue to partake in governance and hold all and sundry accountable”, he said.

Cyberbullying is the use of the Internet to bully a person, typically by sending messages of an intimidating or threatening nature, especially on social media.

While hate speech is abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation.

The Nigerian government had come up with the Code of Practice in collaboration with relevant Regulatory Agencies and Stakeholders.

Other relevant stakeholders with peculiar knowledge in this area were consulted, such as Civil Society Organizations and expert groups. The results of these consultations were duly incorporated into the Draft Code of Practice.

The new codes demand accountability from Online Platforms regarding unlawful and harmful content on their Platforms, while establishing a robust framework for collaborative efforts to protect Nigerians against online harms, such as hate speech, cyberbullying, as well as disinformation, and/or misinformation.

Also, the guidelines mirror how to interact on digital ecosystems like Twitter, Facebook, WhatsApp, Instagram, Google, TikTok, and other social media platforms in the country.

According to the National Information Technology Development Agency (NITDA), the new rules are aimed at protecting the fundamental human rights of Nigerians and non-Nigerians living in the country.

The Code of Practice is in line with international best practices as obtainable in democratic nations such as the United States of America, the United Kingdom, the European Union, and the United Nations.

NITDA said it is an intervention to recalibrate the relationship of online platforms with Nigerians in order to maximize mutual benefits for our nation while promoting a sustainable digital economy.

“Additionally, the Code of Practice sets out procedures to safeguard the security and welfare of Nigerians while interacting on these platforms. It aims to demand accountability from online platforms regarding unlawful and harmful content on their platforms.