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Jail term/fine for social media offenders?

Jail term/fine for social media offenders?

Recently, the National Assembly proposed anti- social media act, with the Senate suggesting three years jail term, including N150,000 fine for social media offenders. The Hope Classics speak with lawyers on the position of the law over the development.

Mr Kehinde Aladedutire, a legal practitioner

There is no doubt that some people are criminally minded and use social media to perpetrate and further their criminal activities.

There is, therefore, the need for the nation to look into how the media could be regulated.

 My fear, however, is that it appears the sincerity of our government is still in doubt about what it intends doing.

How are we sure that this government is not out to gag the freedom of speech in our country? They’ve been talking about hate speech and it appears there are some sacred cows who expressly say things from a part of the country and would not be prosecuted.

Whereas, we have other people who only express their disenchantment with the government policies and are now standing trial. Sowore’s case is a case study and Miyetti Allah chairman.

I am not certain our government is sincere about this.

If the bill is passed into law, it might be another instrument of oppression to curtail our constitutionally guaranteed freedom of expression.

Omololu Bagbe, Chairman, NBA, Okitipupa

One, the fundamental right of freedom of expression under section 39(1) of the constitution of the federal Republic of Nigeria 1999 as amended, clearly, covers expression, opinions, reception and impartation of ideas and information without interference.

Two, the proposed anti-social media law constitutes an interference as already outlawed by the constitution.

Three, both under the common law and our domestic laws, there are plethora of relief and remedies available to any person or group of persons and by extension, any government who or which may contend that such expression, opinions, reception and impartation of ideas have violated his or her or its rights.

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Our courts have always been ready to determine all of such liabilities/ infractions under the laws of torts or in our extant criminal legislations.

Four, just as any citizen of Nigeria has a right to claim compensation for tortous liabilities, there is also available under the Criminal Code, the crime of defamation of character of under section 373 of the Criminal Code.

The section is all encompassing and has envisaged the current vices under our social media.

Five, it is our submission therefore, that the proposed anti-social media act of the National Assembly constitutes a clear duplication of our laws , we condem and reject it in its entirety.

Mr. Yemi Adetoyinbo, a legal practitioner

The protection from Internet Falsehood and Manipulations Bill 2019, was one of the 11 Bills read at the plenary recently.

The sponsor of the bill which had passed the 1st reading, said in an interview with journalists that Nigeria needed the legislation, because it will protect its fragile unity.

He said it is not to stop people from going into the internet online to do whatever they feel legitimate is okay to do. But what we felt is wrong is for you to use the medium to document information that you know is false, just because you want to achieve your desirable interest.

The question arising is, can they do this and achieve anything in isolation, in a global setting of free social media space, like Facebook, WhatsApp, lnstagram,YouTube.

Internet online media transmitters, like Sowore’s, Sahara Reporters, Google Apps searches, Cybernetic devices, Yahoo Apps etc all transmitted through broadbased broadcasts outlets, networks, including the cellular phones by telecommunications networks, and disseminated, as well through the print and electronic media, and online messages are of faster outreach than other mediums.

Can the bill convict without offending basic Fundamental Hunan Rights protections, such as freedom of speech, freedom of expression, right to own the Press and  assess to the Press, etc, as contained in the United Nations, Charter of Human Rights, 1948, the African Charter of People’s and Human Rights, the 1999 Constitution, as amended, the Freedom of information Act, 201?

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Will they not prevail, if violators of the new law challenges same in court?

The bill is similar to the one titled Anti Social Media Bill, of the 8 NASS, to protect media abuse, hate speech, threats to national unity, that was later withdrawn by the Bukola Saraki- led NASS to protect the legislators against wanton abuse on the legislators.

If the new bill is to curb hate speech, wanton abuse, false information, alone fine, what is the intention of the Act?

 If the Senate is at variance with the constitution and its end product is aimed at curtailing civil liberties, and against international norms and conventions, or limitations of same, it is bound to be unconstitutional, unconventional, illegal, invalid abinitio and ultra vires.

ln other climes, can you ban users of Facebook or WhatsApp, or Instagram or Twitter handles, who uses same to air their dissents on or against unpopular actions of the state, or individuals of or sentimental issues will not stand,.

Except on expressed views against the state capable of creating political tension, arson, high treason, inflamatory, threats to national security, could be curtailed through existing legislations, with appropriate sanctions already in operations.

How do you prevent a Right to Privacy to be left alone as enshrined in the constitution, and extant international laws?

The founders of Facebook, WhatsApp, have regulatory mechanism as to what posts to be disseminated or can you prevent the likes. of US President Donald.J.Trump, whose Trump up Card  is targeted at getting across to American ciitizens, and also against perceived enemies or detractors, as same is applicable to other internet online Facebook, lnstagram, Twitter.

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Friendly world leaders in reaching out quickly to the world on emergent issues cannot be curtailed, all over the World.

Nigerian leaders cannot be protecting themselves, against self criticism, by citizens on social media, in the face of non performance or non challant attitudes on social media platforms which might be impossible for them to pass across on the states owned Print and Electronic media platforms which are highly economical, and high octave regulatory, teleguided.

This is a country, where the NASS could not legislate against high cost of datas, call cards by networks providers in the country.

One of the highest in the world, for a long while now, and affordable to the poor masses, whose source of happiness in a disillusioned state is the social media. And to generate economic values, until the new Minister of Communications and Digital Economy desires to have high rates of data and call cards reduced in the country by networks providers to enable more citizens have better access to social media and greater economic wellbeing not otherwise.

Finally, fine range of N150,000 or N5miilion or N10million on a facility you don’t provide and you cannot regulate to the extent of making it a Criminal rule punishment of 3 years jail term option, is high and it be reduced to no jail term, but just the fine, Nigeria is not a Banana Republic or thus the bill is unconstitutional and unconventional to me as a constitution .

Mr Olawale Daniel, Chairman NBA, Akure branch

This is a welcome development. Though the constitution of the Federal Republic of Nigeria guarantees the fundamental rights of citizens to freedom of speech, thoughts and religion, abuse of these rights must be curtailed.

If we must maintain a sane society, use of social media must be regulated.

The National Assembly has power to make laws regulating use of social media as it is on the exclusive legislative list.

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