A Coalition on freedom of expression activists have lauded the amendment of the Cybercrimes Act adding that it guarantees citizens freedom of expression.
The coalition made this known in a statement they jointly signed and released to newsmen on Monday in Abuja.
The coalition includes, Gatefield,
Paradigm Initiative, ResearcherNG
FollowTaxes, North-East Humanitarian Hub and Anvarie Tech.
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According to them the Cybercrimes Act of 2015 is a landmark legislation enacted to be a framework for the prohibition, prevention, detection, investigation, and prosecution of online crimes in Nigeria.
They noted however, that due to its
vague provisions became a notorious tool used to restrict freedom of the press and expression, undermining the guarantees of Section 39 of the 1999 constitution.
“The Cybercrimes Act of 2015
criminalised online speech with ‘the purpose of causing annoyance, inconvenience danger, obstruction,
insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a
message to be sent’.
“Section 24 of the Act has been used to unlawfully arrest journalists among others for their speech online.
“One such victim is Chioma Okoli, a young and vibrant mother who faced unjust arrest and persecution
for innocently sharing her opinion and experience with a tomato brand on social media.
“The Economic
Community of West African States (ECOWAS) Court further declared Section 24 of Nigeria’s Cybercrime
Act vague, arbitrary, and unlawful.
“The advocacy efforts, spurred by cases like Chioma’s, have catalyzed the recent amendment of the
Cybercrimes Act.”
They further said that the amended Section 24 now reads ‘any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that is pornographic or he knows to
be false, for the purpose of causing a breakdown of law and order, posing a threat to life or causing such
messages to be sent’.
“This amendment among others marks a crucial step forward in protecting freedom of expression in Nigeria, they also underscore the ongoing imperative for comprehensive reform to
address the evolving challenges individuals and organizations face in expressing their views online.
“We call on the Federal Government of Nigeria to take decisive action in further amending the Act to address these challenges and enact legislation and policy that are rights-respecting with particular interest in Sections 24, 38, 40, and others.
“We also call for safeguards against possible abuse by more
explicitly requiring judicial oversight.
Nigeria’s legal framework must uphold all fundamental rights as it continues to evolve with the use of
technology.
They added that the right to freedom of expression must stand protected to allow citizens to express their views without fear of persecution and reflects the importance of a vibrant digital space that encourages open dialogue and diverse perspectives.
“By taking the necessary steps to amend the Cybercrimes Act fully, the Federal Government of Nigeria can
play a vital role in strengthening Nigeria’s legal framework to safeguard the right to freedom of expression.
“This will create an environment where all individuals can freely express themselves, fostering positive change and upholding the principles of democracy,”
