Demand: Ditch the Oppressive Social Media Bill!

Following numerous unsuccessful efforts by the executive and legislative branches to suppress free expression, the Senate recently proposed an amendment bill to the Nigeria Data Protection Act of 2023. Restricting freedom of speech serves as yet another means for politicians to seize control. Such measures should be firmly opposed.

Sponsored by Ned Nwoko from Delta State, the bill titled 'An Act to Amend the Nigeria Data Protection Act 2023 to Require Social Media Platforms to Establish Physical Offices Within the Territory of the Federal Republic of Nigeria, along with Associated Provisions,' passed its initial reading in the Senate on November 21, 2024, and has since advanced to the second reading stage.

Nwoko stated that the revision was essential to address "significant gaps" in the NDPA. He emphasized that this change would mandate social media platforms to establish physical offices in Nigeria and would also tackle how technology firms operate within the nation.

The NDPA 2003, which this bill aims to revise, represents redundant and restrictive legislation, partly duplicating existing statutes. Certain aspects covered under this law—such as offenses—are already addressed by both the Cyber Crimes Act and the Terrorism Act.

Moreover, certain clauses within the NDPA 2023 conflict with both the Constitution and the Freedom of Information Act.

Sections 25 and 26 have adverse effects. They both disregard the public’s right to information, which is guaranteed by the Constitution and the FOI Act.

The so-called “glaring omissions” are out of tune with contemporary digital requirements. The proposed clause mandating ICT companies to have physical offices and officials in Nigeria is an attempt to censor the tech establishments by other means.

With the global economy contracting, businesses are establishing fewer physical store locations. This part of the suggested regulation could discourage socially active and digital entities from actively participating in Nigeria’s market.

Despite not having physical offices in Nigeria, digital and social media firms are significantly bolstering the country’s tax revenues, making the necessity of brick-and-mortar locations redundant.

In the initial half of 2024, Facebook along with various international technology firms remitted $2.5 billion in tax payments.

Moreover, social media firms provide young people with remote professional positions and enable others to utilize their social media expertise for legitimate freelancing opportunities.

If multinational corporations pay taxes, including withholding tax on advertising even when they lack a physical presence within the country, offer remote employment opportunities to Nigerian citizens, and have the capability to initiate legal action against or face litigation from local authorities due to violations, then what role do brick-and-mortar locations serve?

The National Security Agency’s (NSA) preoccupation with controlling social media over the past decade is troubling. Both previous administrations have tried to stifle free expression under the guise of managing social media platforms.

The parliament suggested several distasteful social media laws and bills which were dismissed by the public.

The proposed laws encompass the Cyber Crimes Act 2015, the National Commission for the Prohibition of Hate Speech Bill, along with the Protection from Internet Falsehood and Manipulation and Other Related Offenses Bill 2019, commonly referred to as the Social Media Bill.

The Social Media Bill was allegedly plagiarised from Singapore’s laws. This embarrassment, coupled with the stark backlash from the people for its obnoxious provisions, necessitated its shutdown by the people.

The federal administration and its allies continually seek methods to restrict citizens' freedom of speech. During the #EndSARS protests, the Buhari government restricted internet access and suspended operations of Twitter (which has since become X).

The unassailable right to free expression is safeguarded for citizens under Section 39 of the Constitution, as well as Article 19 of both the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights.

The people must rise to defend it and close the door against further attempts by the political leaders to take away their rights.

Provided by SyndiGate Media Inc. Syndigate.info ).