#NoToSocialMediaBill

Nigerians are criticising lawmakers for trying to pass a controversial bill aimed at tackling the spread of false allegations against Nigerian officials and institutions. The Act to Prohibit Frivolous Petitions and other Matters Connected therewith passed a second reading at the senate on 1 December.

If the bill becomes law, people "who intentionally propagate false information that could threaten the security of the country or that is capable of inciting the general public against the government through electronic message" could be jailed for up to seven years and fined up to 5m Naira ($25,000; £16,000).Social media users and human right groups are urging the senate to scrap the bill or amend the social media section contained in the draft law. This section reads: "Where any person through text message, tweets, WhatsApp or through any social media posts 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 N2m or both fine and imprisonment.

"Where any person in order to circumvent this law makes any allegation and or publish any statement, petition in any paper, radio, or any medium of whatever description, with malicious intent to discredit or set the public against any person or group of persons, institutions of government, he shall be guilty of an offence and upon conviction, shall be liable to an imprisonment term of two years or a fine of N4m."

The bill has been criticised by some as a way to curb freedom of speech, particularly on social media, and punish critics of the government and lawmakers, frequently attacked by the public for their high salaries, perceived lavish lifestyles and their involvement in corruption scandals. 

8/12/2015

Hundreds of protesters from civil society organisations (CSOs) and bloggers on Tuesday-8/12/2015 stormed the National Assembly and demanded the withdrawal of the Bill for an Act to Prohibit Frivolous Petitions and Other Matters Connected Therewith, which has been described as the “Anti-social Media Bill” by the public.

The protesters claimed that the bill was designed to prohibit free speech, which they said contravenes Article 19 of the Universal Declaration of Human Rights (UDHR) as well as Section 39(1) of the 1999 Constitution.

The protesters, in a letter addressed to Senate President Bukola Saraki, warned against passing the bill, saying it would compel the international community to impose travel bans on all the Nigerian legislators if passed.

“After years of military dictatorship, Nigeria is finally coming into its own as a vibrant democracy; it is therefore unacceptable and unconscionable for us to return to the league of pariah nations by enacting laws which stifle the fundamental hallmark of any free people: their right to self expression.

“We are of the firm opinion that our request shall be adhered to and the process of turning this bill into law shall be discontinued.

“However, if it doesn’t, we shall continue to take direct action, including but not limited to pressurising the international community to impose travel bans on all the Nigerian legislators who voted to turn this bill into law and deny citizens their fundamental human right.”

The letter was signed by Aisha Yesufu, Anthony Ehilebo, Ariyo Atoye, Mukhtar Dan 'Iyan and Dr. Ahmad Isa on behalf of the civil societies.

While addressing the protesters, Senators Enyinnaya Abaribe and Shehu Sani promised to report their grievances to the Senate.

The letter was laid before the Senate and consequently referred to the Committee on Judiciary that is handling the bill sent to the committee by Saraki.

President Muhammadu Buhari had in a statement by his media aide, Garba Shehu, on Monday, said he would not assent to any bill that does not comply with the 1999 Constitution.

The bill, sponsored by Senator Bala Ibn Na'Allah (Kebbi South), which passed through the second reading in the Senate last week, spells out two years imprisonment with the option of a N2 million fine for anyone convicted of posting “abusive statements” on the social media as earlier mentioned.

The bill also prohibits any petition or statement intended to report the conduct of any person for the purpose of an investigation or inquiry without a duly sworn affidavit confirming the content of the petition to be true and in accordance with the Oaths Act.

The bill also stipulates that any petition or complaint that is not accompanied by a sworn affidavit will be incompetent and cannot be used by any government institution, agency or bodies established by any law for the time being enforced in Nigeria.

The bill adds that where an individual through text messages, tweets, WhatsApp or any social media, posts any offensive item knowing same to be false with the intention to malign the image of a person, an institution of government or other bodies established by law, will be guilty of an offence and liable to two years imprisonment or a fine of N2 million.

Similarly, the Newspaper Proprietors’ Association of Nigeria (NPAN) and the Nigeria Labour Congress (NLC) threw their weight behind other media organisations, bloggers and civil society groups campaigning against the passage of the obnoxious bill.

A statement issued by the President of NPAN and Chairman/Editor-in-Chief of THISDAY Newspapers, Mr. Nduka Obaigbena, said: “The attention of the NPAN has been drawn to a so-called Bill for an Act to Prohibit Frivolous Petitions and Other Matters Connected Therewith currently being considered in the Senate of The Federal Republic of Nigeria.

“The NPAN urges the National Assembly to cease and desist from considering or passing any laws seeking to abridge constitutionally guaranteed free speech, as such laws will not only be unconstitutional, they undermine our system of democracy and the rights we all fought for.”

Obaigbena cautioned the Senate against passing a legislation that seeks to clamp down on the right of citizens to freely hold and share opinions on any platform just “because of a few irritations on the social media”.

“We believe any untruths should be confronted by facts not laws, and indeed the Freedom of Information Act should be enhanced to promote more openness in governance,” he said.

In another statement by acting NLC President, Mr. Peter Adeyemi, the congress said: “The bill sponsored by Senator Ibn Na’Allah of the All Progressive Congress, which seeks not only to gag the freedom of the citizen to express themselves but to commit violators to a minimum of a two-year jail term is completely anti-democracy and an infringement on the rights of Nigerians to all the fundamental freedoms guaranteed in the 1999 constitution of the Federal Republic of Nigeria as well as Article 19 of the Universal Declaration of  Human Rights.

“The bill is coming at a time we expect our legislators and indeed all Nigerians to recommit themselves to actions and legislations that can contribute to deepening democracy as well as the fight against corruption in our country.”

Adeyemi explained that the bill, which proposes the option of a N4 million fine for those claimed to have made false newspaper, radio or television statements and N2 million for those claimed to have made false phone text messages or statements on Facebook, twitter, Instagram or WhatsApp, was a sad throwback to the military era when journalists were mindlessly hurled into jail for writing what the military junta considered spiteful.

“For us, we believe our legislators should know our country is in dire need of strong legislations on critical areas of our national life that demand speedy attention rather than concentrate on frivolous, uncivilised, image damaging debates on a bill that is obviously intended to circumscribe the rights of Nigerians to ask questions when their leaders engage in conducts that further injure our collective interests and image,” the labour union said.

He added that NLC was completely opposed to the bill, because it is an affront on the constitution as well as international conventions and legal instruments to which Nigeria is a signatory.

“Democracy cannot thrive when rights as fundamental as freedom of opinion is criminalised. We advise the promoter of the bill to immediately withdraw it, just as we urge the entire members of the Senate to protect their image from global ridicule by unanimously rejecting the draconian bill,” NLC said.

The NLC maintained that Nigerian laws already provided for redress in court should anyone feel offended by any publication or opinion.

“The proposed bill is simply conceived to protect individuals from public scrutiny, which clearly encourages corruption and renders the Freedom of Information Act and the Constitution of the Federal Republic of Nigeria useless.

“The bill is not in any national interest but an advancement of the interest of the few who have slowed this country down through corrupt practices and manipulation of our system to serve personal interests.

“The bill is totally unacceptable and a threat to the growth of democracy as it is a direct attack on the fundamental rights of our people. We reject it and urge all senators to reject it.”

NLC restated its commitment not only to promote democracy but also protect it against damage as severe as the bill portends.

It said: “We fought for democracy alongside majority of Nigerians and we will not allow jaundiced politicians who were sleeping when others were fighting for democracy on our streets use their privileged positions in contemporary times to truncate the system.

“We also urge the federal government to ignore the bill because it is a deliberate counter to the avowed commitment of the present government to the struggle against corruption.”

8/12/2015

The Senate President Dr.Bukola Saraki said there was no anti-social media bill before the senate. Speaking on the sideline of Lagos Business School Dinner in which he was a guest, Saraki said "We have only debated the Principle of the bill, we have not gone into the details of the bill, so if there is any part of the bill that does not conform to human right, be rest assured that the senate will do the proper thing. So there was no bill that was brought forward called social media bill.

"I think there is need for clarity on that and to let you know that those that led the protest, we have received their letters, we have told them to be rest assured that by the time it goes to committee work, and go to public hearing some of these things will come up. But you must understand that when those bill come to the floor of the senate they come as argument on the principle of the bill, and the principle of that bill was Frivolous Petition, nothing to do with social media but later on we did find out that there was a section in it about social media.

"That will go away when it comes to third reading when you start the third reading, where you consider section by section.

11/12/2015

Nigerian National Committee of the International Press Institute (IPI) has applauded President Muhammadu Buhari’ s swift anticipatory veto on the Nigerian Senate’s bill to criminalise social media practice.

Chairman of the institute, Kabiri Yusuf, in a statement said the bill, “deceptively tagged “Frivolous Petitions Bill” is actually targeted at muzzling free speech; with no intrinsic value whatsoever.

The IPI boss said it was instructive that the president and his government have lately been at the receiving end of the critical social media. He noted that Buhari had resisted the temptation to go after his critics as he has also rebuffed Senate’s bid to lure him into an unwholesome anti-media dragnet.

“Following the president’ s patriotic footsteps, IPI urges the House of Representatives to ignore the bill if it ever gets to its hallowed chamber. Already, the presidential pronouncement has rendered any passage of the bill an exercise in futility,” Yusuf said.

Like the mainstream media, the social media platforms are in need of self- regulation and should embrace best practices but they cannot resort to regulation by toxic legislation.

The body urged the Senate to discountenance the bill, which it described as unnecessary.

“The senate has lately made some pronouncements to the effect that those opposed to the bill can make inputs into it.  Distinguished Senators, that’s unnecessary. The people’s right to free speech is inviolable. There are existing laws to deal with media imperfections. Don’t amend, just drop the anti-social media bill altogether.”

#NoToSocialMediaBill

CREDITS

*International Business Times

*Vanguard

*DailyTimes

*DailySun