Freedom of speech is an inalienable and fundamental right variously guaranteed under the Universal Declaration of Human Rights, 1948, the International Covenant on Civil and Political Rights, 1966, the African Charter on Human and Peoples Rights, 1981 and the Constitution of the Federal Republic of Nigeria, 1999 as amended.
Specifically, section 39(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended provides that “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Without the right to freedom of expression, one is civilly dead, meaning dead in the eyes of the law.
Freedom of expression includes the right to either speak for oneself and or to speak out for others. According to Amnesty International, freedom of expression means that “You have the right to say what you think, share information and demand a better world. You also have the right to agree or disagree with those in power, and to express these opinions in peaceful protests. Exercising these rights – without fear or unlawful interference – is central to living in an open and fair society; one in which people can access justice and enjoy their human rights.”
Undoubtedly, the right to freedom of expression and the press includes the right to be free after speaking. In other words, it is not an absolute right as it is subject to lawful derogations or clawback provisions.
Hence, under section 45 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the right to freedom of speech may be curtailed (a) in the interest of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedom or other persons.
One of the contemporary ways of expressing oneself or speaking out for others is via the internet and internet enabled social media platforms. The advantages of the internet in the dissemination of fast and real time information, news and entertainment are too numerous to be listed. Internet blogging and social media influencing has also provided employment for thousands of people but it has also been grossly abused. Internet bullying and cyberstalking is now a matter of very grave concern.
Basking in the euphoria of freedom of expression or speech, online or internet bullies and social media tigers, e-keyboard warriors routinely but ignorantly rant and disparage the reputation and integrity of others. All in the name of freedom of speech, people of all ages and mostly young people now hide behind social media platforms (such as WhatsApp, Twitter, Facebook, Messenger etcetera) and blogs to bully, intimidate and molest others who try to express contrary opinions.
The point being made here is that one can speak strongly but respectfully. Truth is courage. The caveat or caution here is that freedom of speech does not include targeted harassment or internet bullying. The needed warning is that deliberate or conscious distortion of facts in the name of partisan politics disguised as internet “activism” is not protected by law.
The internet offers no legal immunity or licence for unwarranted abuse and mendacity. It is hypocritical to parade or masquerade as agent of change and transformation without being prepared to accommodate alternative views or be unwilling to obey the laws of the land. How is it demand for change or transformation when instead of winning the undecided with facts and smart arguments, you sit around or mask your identity to insult people? The senseless thugs that are hired by political parties or the lawless security agents that are used to truncate the people’s will in an election are not different from the uncouth elements that go to the internet to attack or disparage people who disagree with them.
Arising from crass legal ignorance and nothing more pretentious, a number of so called social media activists, commentators and influencers hide under the façade of internet freedom, equality and secrecy to unleash cold blooded insult, disparagement and abuse on perceived opponents for pure commercial and other indefensible reasons.
No trained and ethically aligned journalist will dare publish falsehood or untruth but the internet has turned into a market place of blackmail, arm twisting and naked but shameful distortion of facts. The current “IF YOU PAY ME, I WRITE FOR YOU” evil mentality possessing social media patrons or bloggers is not journalism neither can be equated as social media activism. The internet blogging space has become an avenue for extortion for which reason any person who refuses to “play ball” becomes a target!
Distilled from Nigeria’s extant criminal and civil laws, members of the public should know the following-
(a) the internet is a global medium and does not and cannot be a lascivious wassail to disparage people and their hard earned reputation. There is freedom of speech no doubt but it is better freedom if you are free after the speech.
(b) Libel or other actionable innuendo via internet or social media is actionable in law. Punitive or exemplary damages may and can in fact be awarded in favour of an aggrieved plaintiff against the offending or liable defendant or defendants.
(c) A commentator and or owner/promoter/administrator of a social media group, platform or account is strictly liable for any offending comment that is posted or reposted or caused to be made on his wall, page or platform.
(d) Criminal or civil actions may ensue for any defamatory or derogatory publication whether in the social media or other medium.
(e) Comments are free with the proviso that reckless and injurious, unsubstantiated and or malicious comments are very expensive.
By every lawful means possible, including the internet, Nigerian leaders should be held accountable by all and sundry but, we can clean up our polity without messing up the polity. Democracy can be enthroned without being undemocratic or lawless. No one can promote rule of law via patronising rule of the thumb or mob rule. Leaders can be made to be responsible without those agitating for the change being irresponsible themselves. No one can inform when he or she is ill informed, deformed or not informed.
The Nigerian legal system is replete with sensible restrictions against defamation, cyberstalking and bullying. How many bloggers and social media influencers have taken time to read the CYBERCRIMES (PROHIBITION, PREVENTION, ETC) ACT, 2015 as amended in 2024 which makes detailed provisions for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria? Ignorance of the law is not an excuse. YOU CANNOT GIVE WHAT YOU DO NOT HAVE. Abuse is no logic. A legally ignorant blogger, social media influencer, commentator, analyst or critic is a disaster waiting to happen. The law may be said to be an ass but only fools ride it. A word is usually not enough for the wise.
A new normal is possible!
Prof Obiaraeri, N. O.