By Alex Ekemenah
Socio-Economic Rights and Accountability Project (SERAP), a Lagos-based non-governmental organization advocating for the full respect of the fundamental human rights of the citizens by government at all levels has condemned in strong terms the attempt by the Government to gag the media through the recent push to adopt and enact repressive media bills.
“The recent move by the Government to push through two repressive bills to amend the National Broadcasting Act, and to amend the Nigeria Press Council Act are emerging symptoms of a totalitarian state”, the Executive Director of SERAP, Mr Oluwadare Kolawole, declared at a Press Conference held in Lagos during the week.
Mr. Kolawole stated that the attempt by the Government through the Ministry of Information and Culture and the National Broadcasting Commission to push through the bills would be a major setback for the country.
Kolawole noted that as stated in the report, “Something to Hide?: Media Freedom Under Siege in Nigeria” published in March 2021,“there has been a wave of harassments on the media, CSOs and activists by way of legislations and several bills that aimed at curtailing the rights to free speech, association, including internet freedom. Some of them include the Non-Governmental Organization Regulatory Commission of Nigeria (Establishment) Bill, 2016 (NGO Bill), Protection from Internet Falsehood and Manipulation Bill 2019 (Social Media Bill) and National Commission for the Prohibition of Hate Speeches Bill 2019 (Hate Speech Bill) — all of which created anger and discontent across Nigeria.”
“The recent move by the Government to push through two repressive bills to amend the National Broadcasting Act, and to amend the Nigeria Press Council Act are emerging symptoms of a totalitarian state.”
“The bills, reportedly sponsored by Chairman, House Committee on Information, Mr. Segun Odebunmi (PDP, Oyo State) allows the National Broadcasting Commission to shut down TV and radio stations “in the public interest” and the press code must be approved by the Minister of Information. See Section 3(1)(a) and (d) of the Nigeria Press Council (Amendment) Bill.
The bills, according to SERAP “would allow the Nigerian government to jail journalists, fine newspapers up to N10m Naira or close them for up to a year if they publish “fake” news. Under the bills, journalists could be held liable for the offence committed by their organisations and can be made to pay heavy fines. See Sections 3(3)(i) and 16(2) (3) of the Nigeria Press Council (Amendment) Bill respectively.
Kolawole stated that the overly broad definition of public interest in these proposed laws would “open the door for the Nigerian government to crackdown on freedom of expression, access to information and media freedom”, noting that Mr. Odebunmi Olusegun, the sponsor of the bills “has reportedly boasted that ‘No court will stop us from passing the bills”. And that is why in approaching the African Commission, we have made a case that “requiring SERAP to exhaust domestic remedies in such circumstances would be a mockery of justice.”
SERAP also condemns the order by the National Broadcasting Commission (NBC) asking TV and radio stations to “suspend the patronage of Twitter immediately”, and telling them to delete ‘unpatriotic’ Twitter, after the social media giant was banned in Nigeria for deleting President Muhammadu Buhari’s tweet.
Calling on President Muhammadu Buhari to respect and abide by the judgment of the ECOWAS Court recently delivered, Kolawole said the ruling of the ECOWAS Court is “timely and a welcome relief.”
“In its ruling pursuant to the suit filed against the government by Socio-Economic Rights and Accountability Project (SERAP) and 176 concerned Nigerians, the Court “restrained the government of President Muhammadu Buhari and its agents from unlawfully imposing sanctions or doing anything whatsoever to harass, intimidate, arrest or prosecute Twitter and/or any other social media service provider(s), media houses, radio and television broadcast stations, the Plaintiffs and other Nigerians who are Twitter users, pending the hearing and determination of this suit.”
“We call on the President to abide by the ruling of the Court pending the hearing of the substantive suit adjourned to 6th July 2021.
SERAP also filed a suit against the National Broadcasting Commission [NBC] over its repressive directive to broadcasters to stop using Twitter.
“We are asking the Federal High Court in Abuja to stop the Federal Government and the Minister of Information and Culture, Mr Lai Muhammed from using their patently unlawful directive to all TV and radio stations as a pretext to harass, intimidate, suspend or impose criminal punishment on journalists and broadcast stations simply for using social media platforms.
“This action by the NBC is an example of Nigerian authorities’ push to silence independent media and voices. The NBC should stop abuse of its regulatory powers, uphold Nigerian Constitution and international obligations to respect and protect freedom of expression and media freedom.
“The unconstitutional and unlawful fines of N9m reportedly imposed by the National Broadcasting Commission [NBC] on Channels TV, AIT and Arise TV [N3m each] purportedly over their coverage of the #EndSARS protests in October 2020 is yet another example of the misuse of the NBC to control the media.
SERAP is seriously concerned about the rising rate of restrictions and clampdown on free speech in Nigeria; a vestige of military rule that ought to have been buried on 29th May 1999.
“While corruption, the bane of Nigeria’s development is flourishing with impunity, and appears to be winning, the Government is pre-occupied with chasing the shadows of ‘dissenting’ speech.
SERAP declared that the Government’s proscription of Twitter and its plan to regulate social media “is a new low in Nigeria’s failure to protect freedom of expression, and the ability of independent media to function in the country.
“The actions of the Government, through the Minister of Information and the NBC are detrimental to media freedom, and access to information, and the Government must immediately withdraw the decision.
“The government of President Buhari, the NBC and Mr Lai Muhammed have consistently made policies and given directives to crackdown on media freedom, and the rights of Nigerians to freedom of expression and access to information, and to impose crippling fines and other sanctions on broadcast stations without any legal basis whatsoever.
“Media freedom and media plurality are a central part of the effective exercise of freedom of expression and access to information. The ability to practice journalism free from undue interference, to cover peaceful protests, and critical views are crucial to the exercise of many other rights and freedoms.
“The media has a vital role to play as ‘public watchdog’ in imparting information of serious public concern and should not be inhibited or intimidated from playing that role. The NBC should therefore stop targeting and intimidating independent media and voices.
SERAP called on President Muhammadu Buhari to caution the NBC to stop intimidating and harassing independent media houses and to respect the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations, including under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.
“Our democracy needs the media so that public officials and private actors including contractors can be held accountable for any infraction of Nigerian anti-corruption laws and international commitments. The media has an important role to play in the protection and preservation of the rule of law to ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.
“Nigerians, including the media, are entitled to the rights to freedom of expression, access to information, and media freedom subject only to lawful restrictions. Nigeria is a state party to the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, which impose legal obligations on the government of President Buhari to ensure that the rights of Nigerians to freedom of expression, access to information and media freedom are respected, promoted, protected, fulfilled, and not unlawfully restricted.
“The action of the Government has seriously undermined the ability of Nigerians and other people in the country to freely express themselves in a democracy, and undermined the ability of journalists, media houses, broadcast stations, and other people to freely carry out their professional duties.
SERAP reminded the Federal Government that the drafters of the Nigerian Constitution well knew the danger inherent in special executive and legislative acts which take away the life, liberty, or property of particular named persons. They intended to safeguard the people of this country from punishment without trial by duly constituted courts. These principles are so fundamental and must be respected.
SERAP therefore calls on President Muhammadu Buhari to:
- Obey the ruling of the ECOWAS Court restraining the government of President Muhammadu Buhari and its agents from unlawfully imposing sanctions or doing anything whatsoever to harass, intimidate, arrest or prosecute Twitter and/or any other social media service provider(s), media houses, radio and television broadcast stations, the Plaintiffs and other Nigerians who are Twitter.
- Publicly condemn all attacks on journalists and media organizations; and issue a clear, public statement to all government and security force officials prohibiting any acts of intimidation, threats, harassment, and arbitrary arrests of journalists and media workers, and state that such incidents will be immediately investigated and appropriately disciplined or prosecuted;
- Publicly support the right to freedom of expression and the media, including public reporting of sensitive political matters and other issues;
- Push for the immediate amendment of the Cybercrimes Act and other legislation to bring them in line with the Nigerian Constitution of 1999 (as amended) and international human rights obligations under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, among others, to which Nigeria is a state party;
- Ensure that security agencies and the Nigeria Police Force fully respect the rights to freedom of expression and association, and the rights of journalists and media workers;
- Ensure that security agencies and the Nigeria Police Force and other authorities drop all charges against journalists, bloggers and other media workers, and cease further arbitrary closures of radio stations and television stations without a court order;
- Ensure that the Nigeria Police Force and National Human Rights Commission promptly and impartially investigate credible allegations of threats or violence against journalists and media outlets;
- Ensure that anyone found to be complicit in abuses against journalists or fails to adequately investigate alleged threats or violence against journalists is brought to justice without further delay and ensure adequate compensation and reparation for victims including restitution, satisfaction, and guarantee of non-repetition;
- Ensure that security forces engaged in law enforcement activities are appropriately trained on issues regarding media freedoms.
SERAP calls on the National Assembly to:
- Drop the proposed amendments to the National Broadcasting Act, and the Nigeria Press Council Act.
- Refuse to entertain any bill or initiative to which is entirely inconsistent with the free exercise of people’s rights to freedom of expression and association;
- Promptly and comprehensively review the Cybercrimes Act and other restrictive legislation, and revise them as necessary to bring them in line with Nigeria’s international obligations regarding the right to freedom of expression and the media; ensure that any restrictions on media freedom in the law are necessary, proportionate and least restrictive;
- Pass a resolution condemning all harassment, intimidation, and attacks on journalists, bloggers and media organizations by state governors and the federal government.
It calls on the Minister of Justice to:
- Push for the immediate enforcement of the order of the ECOWAS Court
- Push for and support the amendment of the Cybercrimes Act and other legislations to bring them in line with the Nigerian Constitution of 1999 (as amended) and international human rights obligations under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights among others, to which Nigeria is a state party.
It also calls on the Minister of Information to:
- Promptly review restrictive and oppressive media legislation in Nigeria and seek immediate revision of any provisions that violate the right to freedom of expression and media freedom, and ensure that any restrictions on media freedom are necessary, proportionate and least restrictive;
- Ensure that the regulatory mechanisms including the National Broadcasting Commission are independent and promote self-regulation of the media;
- Seek government funding and donor support for a public education campaign on the importance of freedom of expression and media freedom, including the role of the media.
Finally, it calls on the Nigerian Guild of Editors and Nigerian Union of Journalists to:
- Work closely with NGOs and other stakeholders to carry out systematic monitoring and reporting of freedom of expression abuses throughout the country;
- Publicly condemn attacks on freedom of expression and media freedom by state governors and the federal government;
- Push for support to journalists throughout the country including those requiring legal, medical and psychological assistance;
- Push for the Nigerian authorities, at all levels, to carry out effective, thorough and transparent investigations into abuses against journalists and media workers, and for adequate compensation and reparation for victims, including restitution, satisfaction and guarantee of non-repetition