In a statement today by SERAP executive director Adetokunbo Mumuni the organisation said that, “SERAP can confirm that the Office of the Special Rapporteur is now considering our petition. We have received communication from Marcelo Daher at the Office of the Special Rapporteur to this effect. The Special Rapporteur has also requested a copy of the bill, which SERAP has promptly sent to Marcelo Daher.”
“SERAP appreciates the prompt attention to this matter by the Office of the Special Rapporteur. We urge the UN to pursue this matter to a satisfactory conclusion by ensuring that the Nigerian Senate is not allowed to strangulate media freedom and social media in the country,” the group said.
According to the group, “The only option for the Senate now is to withdraw this obnoxious bill without further delay and end this international embarrassment. SERAP will be prepared to withdraw the petition at the UN if the Senate can follow this honourable path.”
It would be recalled that SERAP last week sent an urgent appeal to Mr. David Kaye requesting him to “use your good offices and position to urgently request the National Assembly of Nigeria, specifically the Senate, to withdraw a bill which if passed into law would undermine the internationally recognized right to freedom of expression and press freedom on the internet in the country.”
Mr Zeid Ra’ad Al Hussein UN High Commissioner for Human Rights was copied in the urgent appeal.
In the urgent appeal, the organisation expressed serious concerns “that the National Assembly of Nigeria will any moment from now pass a bill to jail for two years and fine anybody or group of persons who send any alleged false text message or post false message on the social media against another person.”
“SERAP is concerned that rather than increasing universal and inclusive access to the Internet for all Nigerians, the National Assembly of Nigeria is working to undermine access of citizens to the Internet. Yet, freedom of expression entails the ability to both speak and receive information, including through the social media and other generated content services such as YouTube, Twitter, Facebook, and chat applications,” the organisation said.
The organisation also said that, “By initiating this bill, the National Assembly is impermissibly restricting the ability of the citizens to use these tools to communicate, connect, and seek independent sources of information.”
“SERAP also contends that the bill will restrain access to internet and social media, curtail the freedom of the press, and online content in illegitimate, disproportionate, or otherwise unlawful and abusive ways. The real targets of the bill are social media and human rights defenders that might be critical of government policies or report on corruption involving high ranking government officials,” the organisation also said.
“International law provides that any restriction to rights online must be provided in law, pursuant to a legitimate aim, and limited to only what is necessary and proportionate. SERAP believes that the bill falls far short of international requirements of legitimacy, necessity and proportionality,” the organisation added
According to the organisation, “The bill will also have chilling effect on freedom of expression in the country, as it will create an atmosphere of fear among bloggers and online activists who may not post critical commentary on Facebook or other social media platforms for fear of being sent to jail. The Internet cannot enable citizens and others to participate in governance or critique government policy if they cannot freely access information, use social media services, or if they fear being sent to jail simply for expressing their views.”
The organisation said that, “While it is important to protect personal integrity in social media, a clean, transparent and accountable government that has nothing to fear will not use this ground as an excuse to undermine the sacred right to freedom of expression.”
SERAP therefore asked the Special Rapporteur to:
Publicly express concerns about the proposed bill and insist that the National Assembly of Nigeria should withdraw the bill
Urge the National Assembly in particular the Senate to protect freedom of expression online in line with international standards
Urge the National Assembly to allow free space for expression without fear of criminal prosecution, and not to contemplate impermissible restrictions to access internet and social media
Urge the National Assembly to promote and facilitate access to the media in the country
Urge the National Assembly to ensure that in the exercise of its legislative duties it complies with Nigerian international human rights obligations and commitments
The bill, titled: “A Bill for an Act to Prohibit Frivolous Petitions and other Matters Connected therewith”, is sponsored by Senator Ibn Na’Allah, APC, Kebbi South. The bill provides for an option of N4 million for persons convicted of false newspaper, radio and television statements and N2 million for offenders of false phone text messages or messages on Facebook, twitter, Instagram, or WhatsApp. The bill also punishes alleged malicious intent to discredit or set the public against any person or group of persons, institutions of government.
On the social media, the bill read: “Where any person through text message, tweets, WhatsApp or through any social media post any abusive statement knowing same to be false with intent to set the public against any person and group of persons, an institution of government or such other bodies established by law shall be guilty of an offence and upon conviction, shall be liable to an imprisonment for two years or a fine of N2,000,000.00 or both fine and imprisonment.”
Signed
Adetokunbo Mumuni
SERAP Executive Director
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