NGE, SERAP, Demand End To Abuse Of Cybercrimes Act Against Journalists

The Nigerian Guild of Editors (NGE), and the Socio-Economic Rights and Accountability Project (SERAP), have expressed concerned that Nigerian authorities have continued to use the Cybercrime Act to normalise the repression of the rights of journalists, bloggers, human rights defenders, opposition politicians, artists, and other Nigerians.”

This was as the stressed that the amended Cybercrimes Act 2024, especially section 24, remains inconsistent with section 39 of the 1999 Nigerian Constitution (as amended) and the African Charter on Human and Peoples’ Rights.

They therefore tasked the Federal Government to as a matter importance put an end to the use of the “obnoxious and draconian” Cybercrimes Act targeted at journalists, activists, critics, and other Nigerians peacefully expressing their views online.

The two bodies noted that using laws that do not conform with constitutional guarantees and international human rights standards like the Cybercrimes Act erodes democracy and the rule of law in Nigeria and therefore called for the immediate and unconditional release of those detained under the law across the country.

A statement jointly signed by the General Secretary of the NGE, Dr Iyobosa Uwugiaren and Kolawole Oluwadare, SERAP Deputy Director, noted that the use of the Cybercrimes Act to lock up people peacefully expressing their views sends a chilling message to Nigerians that rights won’t get priority under the President Bola Ahmed Tinubu administration.

They further said that Nigerian authorities at all levels must demonstrate tolerance for peaceful dissent and press freedom if citizens are to hold them accountable on their constitutional oaths, commitments, and promises.

The NGE and SERAP also called for an end to the misuse of the Cybercrimes Act and the National Broadcasting Commission’s regulations disguised as broadcasting codes which have been used to intimidate and harass media professionals.

The statement further stated; “Impunity for those who threaten, intimidate, and harass journalists, bloggers, and activists exacerbates the hostile environment for these defenders of constitutionally and internationally guaranteed human rights in Nigeria.

“Press suppression has taken several forms in recent times, including extrajudicial actions, unlawful detentions, malicious prosecutions, and the misuse of laws and enforcement agencies.

“Since the 2024 amendment of the Cybercrime Act, authorities have persistently used section 24 on “cyberstalking” to arbitrarily arrest, detain, and prosecute social media users, activists, and journalists,” they noted.

The two organisations also noted the increasing reliance on criminal defamation and repressive laws to crush dissent, with frivolous lawsuits filed against journalists and rights advocates.

According to NGE and SERAP; “We are also concerned about the persistence of threats to journalists’ safety and the chilling effect of SLAPPs (strategic lawsuits against public participation) and harassment by security agencies and politicians.”

“Journalists, bloggers, and rights defenders play a critical role in exposing abuses. The right to freedom of expression applies to all kinds of information and ideas, even those that may shock, offend, or disturb—regardless of the truth or falsehood of the content”.

They noted the ECOWAS Court’s March 2022 judgment which declared section 24 of the Cybercrime Act arbitrary and repressive, in violation of Article 9 of the African Charter and Article 19 of the International Covenant on Civil and Political Rights, stressing that the court ordered Nigeria to amend the law accordingly.

The two organisations also noted that despite the 2024 amendment, section 24 remains vaguely worded and open to abuse, saying; “The term ‘cyberstalking’ under section 58 is defined so broadly that it could be misused against legitimate freedom of expression.”

They noted that stories published online are now criminalised as “offensive”, “annoying”, or “obstructive”, even when they are factual, adding that content previously published legally in traditional media is being targeted once republished online.

They also said; “Section 24 of the Cybercrimes Act 2024 is a harshly punitive approach to addressing stalking and harassment and lacks safeguards against misuse, especially in the context of journalism and peaceful expression.”

The NGE and SERAP therefore urged President Tinubu to publicly instruct state governors, the Nigeria Police Force, and the Department of State Services to respect the rights of all citizens.

They also tasked the Attorney General of the Federation to push for immediate reforms and ensure that laws align with the Constitution and Nigeria’s international human rights commitments.

They equally called on the National Assembly to promptly review and revise the Cybercrimes Act and similar restrictive laws in line with Nigeria’s obligations on human rights and media freedom.