Anti-social media bill: echoes of ‘decree 4’?

Despite the promise of the Senate President, the anti-social media bill sponsored by Senator Bala Ibn Na’Allah (APC Kebbi South) has refused to go away. Work has continued on the bill and it appears to be receiving support from critical stakeholders in the country. We smell a rat!

To be sure, the bill, which provided for an “Act to Prohibit Frivolous Petitions and Other Related Matters” seeks to clampdown on “anyone who intentionally propagates 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”, passed second reading in the upper chambers of the National Assembly where it was surreptitiously handled until it was exposed to the public.

The bill is far reaching in what it seeks to achieve and is reminiscent of Decree No 4 of 1984 that prohibited journalists from reporting anything that could embarrass the regime, even if it were true. The bill went further to propose “to criminalise anyone disseminating via text message, Twitter, WhatsApp, or any other form of social media 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”.

Despite the Senate President’s pledge that the bill is dead on arrival and will not be passed by the Senate, public hearings on the bill have continued. In one of such hearings organised by the Senate Committee on Judiciary, Human Rights and Legal Matters on the bill two weeks ago, the Chief Justice of Nigeria threw his weight behind the bill describing it as laudable and auspicious. Represented by Justice Clara Ogunbiyi, the Chief Justice, Mahmud Mohammed, argued that the bill, when passed, would safeguard the rights and privileges provided under the constitution against all forms of frivolous abuse for whatever reason and from wherever direction whatsoever. Hear him:

“The aim of the bill should be for the purpose of ensuring that whatever information is disseminated to the public, must come from a legitimate, genuine and a known source which is identifiable and meant to safeguard the best interest of the general public for purpose of good administration and governance. In other words, it is to check against information given in bad faith, with the intention to serve ulterior motives. I wish to add quickly that the most difficult war to fight is where it is waged against a faceless opponent.”

Although the Attorney General and Minister of Justice disagreed with the Chief Justice and opposed the bill on the grounds that the bill was not qualified to be used in a democratic society, we view with suspicion the actions of the Chief Justice and why, despite repeated promises by the Senate President and strong opposition of the bill by the generality of Nigerians, the bill has not yet being thrown out. Why, for instance, must the Chief Justice – the head of the Supreme Court – that will inevitably be called upon to adjudicate on the constitutionality of the bill in case it is passed in future coming out to throw his weight behind such a controversial bill? Where is the court’s judicial neutrality in matters of dispute between the people and the government and what hope do ordinary Nigerians have of challenging the obnoxious provisions of the bill in the event that it is passed?

We suspect that this is a case of the hand of Esau but the voice of Jacob. It is clear, despite the careful attempt of prominent officials to distance themselves from the bill, that some people in very high office are clearly threatened by the ubiquity and far-reaching effects of the social media and want to restrict or clamp down on it. It is unfortunate that the APC, having greatly benefited from, and used the social media to great effect to vilify the past administration, get it voted out of power and won election on its platform, is now hell bent on taming that very medium. The party and its officials appear to have become fearful of the very medium they use to ride to power being used against them.

We call on Nigerians, civil society and human rights groups to intensify campaigns and opposition to the obnoxious bill, which in all intents and purposes, reminiscences the ill-famed “Decree 4” of 1984. We must not allow the government gag the press and all opposition in the name of preventing frivolous allegations. We also call on the Senate to throw out the bill forthwith to demonstrate its determination to stand with the Nigerian people.