It was to Nigeria’s utter embarrassment that the world woke up to learn Nigerian Senators were contemplating a bill that will censor free speech, particularly on social media, and punish critics of the government, including lawmakers, renowned for their jumbo salaries and corruption. This bill is an ignominious and reprehensible act of violence against free speech and, by extension democracy. It is shameful, appalling and unacceptable and certainly not in the public interest. This clearly is a solution looking for a problem as the offences the proposed bill seeks to criminalize already exist under extant Nigerian laws including those on treason, defamation, and libel. Censorship attacks the very foundation of a free society and embarrasses not only Nigeria, but democracy as a form of government. President Buhari should not just watch the unfolding drama idly but should condemn it as it portrays his administration as a tin-pot dictatorship. This shame should never be brought upon Nigerians again.
The monumental embarrassment came without prior notice. In a manner that was sufficiently self-indicting and far from being evocative of a painstaking commitment to the business of lawmaking, the controversial bill passed a second reading in the Senate, and was headed to the Committee before a babel of angry voices triggered a global tweeter outcry under the hashtag #NoToSocialMediaBill. With the hyper-dramatic title: “Act to Prohibit Frivolous Petitions and Other Related Matters” the bill sponsored by Senator Ibn Na’Allah, (APC Kebbi), and supported by Dino Melaye, (APC Kogi), proposes up to seven years in prison or $25,000 fine for “anyone who intentionally propagates false information that is capable of inciting the general public against the government through electronic message.” Also, anyone disseminating an “abusive statement” intending to “set the public against any person and group of persons, an institution of government or such other bodies established by law” via text message, Twitter, Facebook, WhatsApp, or any other social media faces two years in prison or $10,000 fine or both. Curiously, the bill does not define “abusive statement or messages.”
Beyond the embarrassment to the nation, the contradictions are simply mind-boggling. The fact that the senate is even debating such a bill lowers the nation’s prestige in the comity of nations. The admiration of Nigeria’s democracy which nudged towards a higher level of respectability after the last election seen as largely credible has been seriously dented. Free speech is guaranteed by the Nigerian constitution and the media, including online and social media constitute the fourth estate of the realm with a duty to hold government accountable. This legislative brigandage amounts to a mindless circumvention of the constitution and an assault on democracy that must not be contemplated or tolerated. In a democratic dispensation, if any party feels aggrieved by any offensive or libelous publication, the right thing to do is for the complainant to go to court and press charges.
This national shame is made more painful and inexcusable because this is the time Nigeria needs men and women of character and conscience. Nigeria is Africa’s largest mobile market, with over 148 million subscribers, and a vibrant civil society, with many activists who use social media for their campaigns. The lamentation of an expectant public is loud and in the reckoning of the citizens whose taxes sustain these senators, the goal of governance, which is to improve the wellbeing of the people, has taken a back seat while self-preservation by lawmakers is put over and above the national interests.
While the embarrassment went viral on social media, the Senate leadership aggravated the national shame by suggesting that the fury over the bill was borne out of misconception and misunderstanding of the objective which is meant to protect all individuals and institutions, including journalists and social media users. “The senate is committed to freedom of speech and a fully inclusive and participatory democracy,” noted a belated statement by its spokesperson, Senator Aliyu Sabi.
As embarrassing as it is, this bill retells the odious rat race of an inglorious past and evokes the infamous Decree 4, promulgated in 1984 by then military leader, Gen. Buhari, to shut down criticism during the obnoxious “war against indiscipline” waged by Buhari’s psychopathic henchman, Tunde Idiagbon. Decree No. 4 was the most dreaded, most repressive press law ever enacted in Nigeria. It was drafted to punish journalists who exposed the Buhari administration and its officials to ridicule or contempt. Like Decree 4, the social media bill has brought untold shame to the country but more importantly to the senators who have embarrassed themselves and betrayed the people’s trust.
Obviously the senators were unaware that, in appreciation of the enormous challenges facing Nigeria, President Buhari appealed to the media to assist him in rebuilding the country. Historically, the Nigerian media has always been a formidable partner in fostering good governance and national unity. The media was crucial to Nigeria gaining political independence in 1960, serving as veritable platforms for the anti-colonial struggle. Led by nationalists like Nnamdi Azikiwe, Obafemi Awolowo, Anthony Enahoro, amongst others, journalists were in the front trenches in the battle for an independent Nigeria. In the dark days of military rule, journalists fought endlessly to end dictatorship and return to democracy. Thus, when Buhari asked the media to assist in rebuilding Nigeria, he recognized that without journalists the efforts of his government would be short on achievements.
The usefulness of the media goes much wider than investigating abuses or news reporting; it lies in holding governments to account; trying them in the court of public opinion. The internet has expanded this court as news-aggregation sites such as Yahoo and Google draw together global sources from newspaper websites and online news portals backed by independent journalists, bloggers and citizen journalists. The web has opened the closed world of professional editors and reporters to anyone with a keyboard and an internet connection. Most bloggers operate from their armchairs, not the frontline, and citizen journalists tend to be susceptible to bias and slander, but, so is much of the press. That notwithstanding, the relevance of social media to national development cannot be over-emphasized.
In this regard, the government must foster an environment that would encourage media freedom. The Buhari administration must make the Freedom of Information Act exist not only in letter, but in spirit. While the media should be willing to help in rebuilding the nation, it is incumbent on the government to articulate its policies and programs and create an auspicious environment for the media to operate. The media, including social media helps create awareness about such policies and programs to the people; an awareness that is very important because ultimately, it is the people who voted for Buhari that would also need to be informed of the activities of his government to justify the confidence they repose in him.
In the 18th century, at a time of great strife and turmoil, and of new ideas versus old ones, Voltaire, the great French philosopher, wrote: “I may not agree with what you say, but I will defend to the death your right to say it.” Freedom of expression is sacrosanct. It must extend to opinions mainstream society would never want to hear or consider. Indeed, it extends over opinions that many may find distasteful, even repulsive. Nigeria needs to ensure that freedom of speech is protected, and that those who want to speak should be allowed to do so, no matter what they choose to say. It is both dangerous and foolish to allow self-seeking politicians dictate the legal codifying of opinions, whatever their motivation. The foundations of any democratic society lie upon popular enlightenment.
