REGULATION OF SOCIAL MEDIA IN NIGERIA; AN ATTACK ON FREEDOM OF

EXPRESSION

BY

AKARUESE ONEORITSEBAWO ORIGHOYE

18/020332

BEING A LONG ESSAY SUBMITTED TO THE OBA EREDIAUWA COLLEGE OF

LAW IN PARTIAL FULFILMENT OF THE REQUIREMENTs FOR THE AWARD OF

BACHELOR OF LAWs LL.B(HONS) DEGREE, IGBINEDION UNIVERSITY,

OKADA, EDO STATE, NIGERIA

DEPARTMENT OF LAW,
IGBINEDION UNIVERSITY OKADA,
EDO STATE, NIGERIA

PROJECT SUPERVISOR: PROF NAT OFO

MAY 2023
 ABSTRACT
Social media platforms like Twitter, Instagram, Facebook, and others have evolved into
incredibly potent and essential tools for communication and information transmission in the
modern world. This has both a positive and a negative side, as can be shown. Nigeria is one of
the nations that have attempted to restrict the use of social media networks as a result of the
popularity of the bad component. The Nigerian government has taken a number of actions to
control how its residents use social media. These efforts began in 2019 and have taken the form
of a number of failed laws that have encountered fierce opposition. However, a recent attempt
by the Nigerian government to outlaw the use of Twitter, a social media site, and the ensuing
proposal of another measure to regulate social media met with a great deal of opposition from
its residents. However, the Government said that this was a step to combat misinformation and
"protect the fundamental rights of Nigerians as well as non Nigerians." The freedom of
expression guaranteed to Nigerian residents by article 19 of the Universal Declaration of Human
Rights was severely attacked, in the eyes of the country's citizens and human rights
campaigners. even if Twitter has been banned. This work specifically seeks to explain how
social media regulation will harm a democratic nation like Nigeria whose people enjoy basic,
unalienable human rights. This is done by examining how social media regulation will affect the
freedom of expression of ordinary Nigerians who use social media as a platform for expression.
The doctrinal research approach was used to complete this research project.

TABLE OF CONTENT
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Introduction
1.2 Background Of The Study
1.3 Research Questions
1.4 Aims And Objectives Of The Study
1.5 Significance Of The Study
1.6 Scope of the study
1.7 Limitations Of The Study
1.8 Research Methodology
1.9 Literature Review

CHAPTER TWO: CONCEPTUAL THEORITICAL FRAMEWORKS AND

LITERATURE REVIEW

2.1 Conceptual Clarifications

2.1.1 Concept of social media

2.1.2 Concept of social media regulation

2.1.3 Concept of freedom of expression and its breach

2.2 Theoretical and Historical Frameworks

2.2.1 Brief historical background of social media in Nigeria

2.2.2 Historical background of the regulation of social media in Nigeria

2.2.3Approaches and Methods for the regulation of Social Media in Nigeria

2.2.4 Precedents on what has been held to be a breach of freedom of expression [law of

sedition]

2.2.5 Problems of the regulation of social media in Nigeria

CHAPTER THREE: IMPACTS OF THE REGULATION OF SOCIAL MEDIA ON
FREEDOM OF EXPRESSION

3.1 Impact of social media regulations to the confidence of the inalienable nature of the freedom
of expression

3.2 impacts of social media regulation on the freedom of the press case study of (ogwuche v
federal republic of Nigeria)

3.3 Impact of Social Media Regulations on Democratic Participations of Citizens (Case Study
of the 2023 Presidential Election)
CHAPTER FOUR: SOCIAL MEDIA REGULATION IN OTHER COUNTRIES AND
ITS IMPACT
4.1 Introduction
4.2 Egypt
4.3 Russia
4.4 United Kingdom
4.5 North Korea
CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS
5.1 Conclusion
5.2 Recommendations
Bibliography
 Certification

I hereby certify that this work is the result of my own research and that all references contained

therein have been duly acknowledged. This long essay has never been presented for another

degree course in Igbinedion University Okada or elsewhere either in part or in whole.

_______________ ____________
Akaruese Oneoritsebawo
(Student) Date

Approval
This is to certify that this long essay is an original research work done by Akaruese

Oneoritsebawo with matriculation number 18/020332LAW under my thorough supervision in

accordance with the requirements of the College of Law, Igbinedion Universitu, Okada, Edo

State, Nigeria

Professor Nat Ofo

(supervisor)
 Dedication

This work is whole heartedly dedicated to God almighty, whose grace brought me this far. He

was and has continued to be my source of inspiration and strength, for that I am extremely

grateful.

This work is also dedicated to all social media users out there whose freedom of speech has

been violated by virtue of the concept of social media regulation.

 Acknowledgements

This research work will not be complete without specially acknowledging certain persons

whom contributed immensely in various ways to its success.

First and foremost, I would like to express my deep sense of gratitude to my supervisor, Prof

Nat Ofo, it was a pleasure undergoing this research under your invaluable guidance. Your

meticulousness has opened my eyes to my areas of deficiency of which I have worked on. You

have further ignited my passion for studying trending issues and finding solutions to them.

I would also like to thank the Dean, Faculty of Law, Igbinedion University, Prof G.O

Izevbuwa for his mentorship and words of advice throughout this journey.

A special appreciation to my parents, Prof and Mrs. Akaruese for their unwavering support

throughout this entire process. Your ability to continually priorities my education has set a

legacy for which I am gladly following.

Thank you also to Ademakinwa Oluwaseun. Your continuous advice and insights were a huge

factor that aided in the completion of this work.

To my siblings, Weyinmi, Olu Aboyowa and Tosan, thank you for your continuous

encouragements, it means the world to me.

Lastly I want to specially appreciate myself for not quitting.

 List of Cases

Ogidi v. Police

Arthur Nwankwo v The State

National Broadcasting Act

Kommersan Moldovy v Maldova

(ogwuche v federal republic of Nigeria)

Handyside v UK
 List of Statutes

1999 Constitution of the Federal Republic of Nigeria

Universal Declaration of Human Rights

International Covenant on Civil and Political Rights

African Charter on Human and Peoples Right

Criminal Code

UN Special Rapporteur on Freedom of Opinion and Expression,

Cyber and Information Technology Crimes Law

National Broadcasting Act.

Nigerian Cybercrime Act of 2015

 CHAPTER ONE
INTRODUCTION

The fundamental human rights have come under relentless attack all throughout the world over

the years.Whether by populist movements eager to seize power or authoritarian governments

wanting to keep it, these attacks have continued. Technology has made it worse by creating new

channels for citizens to express themselves freely and raise awareness of these attacks across

national boundaries. These assaults have originated from diverse places and taken many

different forms, all in an effort by governments to stifle the freedom of expression of their

people and therefore silence the human race.

To stop these assaults, a number of institutions and legal systems have been developed. One of

these organisations is the International Criminal Court, which was created to both provide

victims of rights violations with a legal remedy and to serve as a global standard for human

rights. All of these legal frameworks have been created primarily to address violations of human

rights, which mostly include torture, unfair treatment, discrimination, etc. It is clear from the

aforementioned that there have been no violations of the right to free expression. This is

because of where it falls on the preference for enforceability scale. While the aforementioned

violations rank highly in terms of enforceability, the violation of the right to free expression

does not. Due to the prevalence and frequency of violations of this freedom of expression, one

may believe otherwise. Instead, deadly intolerance and an inability to understand other

viewpoints are taking the place of respect for the right to free speech. Human rights activists and

lawyers who want to bring attention to any mistreatment that has gone unnoticed have thus been

continuously on the rise as a result of this.

This freedom of expression goes well beyond the regular oral exchange of ideas and opinions. It

encompasses statements made on any medium, including blogs, social networking platforms,

books, and other pieces. This explains why there are so many requests to control the freedom of

expression on these platforms, especially social media sites.

Simply expressed, social media regulation refers to the creation of laws, rules, and regulations

that control the use of social media platforms as a forum for expression. The part social media

platforms have played in bridging divides and facilitating information exchange is completely

ignored.

The regulation of social media has recently become a hotly debated issue in Nigeria. This is as a

result of the government's countless measures and vain attempts to regulate social media. These

approaches have been implemented in very primitive ways and have over time come to be

accepted. All of this is being done completely unaware of how it may harm her citizens' rights,

particularly their right to free speech. Another factor that adds to it is how difficult it is for

international organisations to punish violations of freedom of expression. Using Nigeria as a

case study, this body of work will highlight the drawbacks of social media regulation.

1.1 Background of the Study

The topic of fundamental human rights is one that is now being hotly disputed, and thus

description of it as "the most topical and widely debated issue in the world today" is accurate.

"Freedom of expression" is a fundamental human right that, by virtue of being a human, can be

exercised by everyone and in a variety of ways. The Nigerian constitution and other

international human rights regulations that Nigeria has ratified, such as the 2011 Report of the
UN Special Rapporteur on Freedom of Opinion and Expression, both provide for this. 1 The

Universal Declaration of Human Rights (UDHR), in Article 19, made a powerful declaration

about the significance of freedom of expression online.

Every person possesses the right to liberty of mind and speech, encompassing having the ability

to hold beliefs without interference and to look for, receive, and share knowledge and concepts

via any means regardless of regard to geographical boundaries.2

According to the aforementioned expression, social media is one of the ways that the general

public can exercise their right to knowledge and expression. It has given people a fresh, open,

powerful, and widespread platform for speaking about themselves.

Social media platforms have chosen to position themselves as technological platforms that serve

as a safe harbour for materials published on their platforms by third parties, subject to some due

diligence obligations, whereas traditional media outlets acted as publishers and maintained

control over what gets published.3 There is therefore no pre-approval required for anything to be

published on these platforms, except from auto filters and technologically advanced

technologies that weed out a certain type of information. As a result, these platforms host

contentious ideas and viewpoints that yet fit within the umbrella of free speech. Due of this, the

right to free speech was considered as having two sides, which led well-known jurist

VOLTAIRE to make his famous statement. "I disagree with what you say, but I will uphold

your right to speak until the day you die."4”.

1
2011 Report of the UN Special Rapporteur on Freedom of opinion and expression
2
Article 19 of the Universal Declaration on Human Rights
3
Michael A. Cusumano, Annabelle Gawer,and David B, ‘Yoffie ‘Social Media Companies Should Self-
Regulate’ <https://hbr.org/2021/01/social-media-companies-should-self-regulate-now> accessed 9th of
May, 2023
4
Evelyn Beatrice Hall(Stephen G Tallentyre), ‘The Life of Voltaire’ (1903)
The military's slaughter of residents of Zaki Biam, Vasea Anyrin Lorlo, Ugba, and Sankera

Begari constituted a flagrant violation of Nigerians' right to life. Similar to the Odi massacre,

the military was not held responsible for the soldiers' poor and inexplicable behaviour.

However, Lt. General Luka Yusuf, the Chief of Army Staff, formally apologised to the Benue

people for the death in 2007.

Despite the fact that Article 39 of the Federal Republic of Nigeria's 1999 Constitution, as

amended, states that "Everyone shall have the right to freedom of expression, including the

freedom to hold opinions and the freedom to receive and impart information without

hindrance," 5

However, the Nigerian legislature has attempted to control the information space on numerous

occasions in the past by introducing bills, or proposed legislation. The Internet Falsehood and

Manipulations measure (2019) is an example of such a measure that was never passed into law.

The Internet Falsehood and Manipulations Bill (2019), which at its most basic level attempted

to stop the transmission of false information, suggested a three-year prison sentence for anyone

found guilty of what it called the abuse of social media, as well as the possibility of a fine of

N150, 000 or both. Additionally, it suggested a N10 million fine for media outlets that mislead

the public or spread untruths.6

In addition to being perceived as an attempt to curtail the fundamental right to freedom of

expression enjoyed by Nigerians, these attempts were also seen as a hindrance to the inherent

5
Section 39 of the Constitution of the Federal Republic of Nigeria 1999 (as amended)
6
Adaeze Nwona Nzewi, ‘Nigerian Youths, Social Media Bill Regulation and the GatheringStorm:
Where are the Library Services’ < https://www.sryahwapublications.com/research-journal-of-library-
and-information-science/pdf/v5-i1/1.pdf> accessed 29th of May, 2023.
nature of human rights as a whole, violating the provisions of article 19 and drawing strong

opposition from human rights activists and the general public.

The total suspension of Twitter in Nigeria by President Muhammadu Buhari from 5 June 2021

to 13 January 2022 as a result of the platform's removal of one of his contentious tweets served

as additional evidence for this position. The demand for social media regulation and the worry

of a future ban on social media still exist even if the prohibition has been lifted.

This research project was inspired by the growing need to highlight the negative effects that

social media regulation will have on the general public's freedom of expression. It did so by

attempting a critical exposé on the various ways that regulation of social media will harm the

general public's freedom of expression as well as by highlighting the negative effects that

regulation of social media caused on nations that had successfully implemented laws to address

the issue.

1.2 Statement of the Problem

Any democracy's cornerstone and a strong foundation for growth in all its forms is freedom of

thought and expression. 7 This freedom of speech was once restricted to spoken words, but with

the rise of social media, its application was broadened to include the freedom of opinion

expressed on any topic via any social media platform.

The past several years have seen a rise in the unfavourable aspects of the freedom of expression

that is guaranteed by Article 19 of the Universal Declaration of Human Rights (UDHR) on

social media. They include bogus news, trolling, and cyberbullying. The Nigerian government

attempted to regulate social media through several unsuccessful bills in an effort to stop this and
7
The UNIZIK Law Journal VOL.13, 2017, ‘Social Media and the Rights of Individuals: The Nigerian
Perspective’
to "protect the fundamental rights of Nigerians as well as Non-Nigerians." One of these bills is

the Protection from Internet Falsehood and Manipulations Bill (2019), which, despite making it

to the second reading, encountered strong opposition because it was perceived as a way to

restrict freedom of speech. Following this, attempts to control social media substantially

decreased. However, with the #EndSARS protest of 2020, which was a series of large-scale

demonstrations against police brutality in Nigeria that began and spread on social media,

attempts to control social media surged. Later, the protest turned violent, actively destroying

people's lives and property. This led to the criticism of the social media platforms' unrestricted

freedom of expression, which in turn fuelled calls for their regulation. These calls, which were

mostly made by government bodies and branches like the Executive and the Legislature, went

unanswered.

On June 5, 2021, a tweet from Nigeria's president, Muhammadu Buhari, was removed because
8
it violated the "abusive behaviour rules" on the social media network Twitter. within the

platform. As a result, the platform's operations were subsequently suspended due to what the

minister of information described as conduct "capable of undermining Nigeria's corporate

existence."’9. The government then issued a directive ordering the arrest of everyone still

utilising the platform. However, Nigerians continued to openly use the platform and openly

dared the Nigerian government despite this. This caused a lot of reaction and indignation from

people both at home and abroad because it was viewed as a serious breach of Nigerians' human

rights and a move to stifle and restrict their ability to express themselves freely online. The

89
Verge, ‘Twitter rewrites its rules on violent content under Elon Musk’
<https://www.theverge.com/2023/2/28/23619262/twitter-violent-speech-policy-zero-tolerance> last
accessed 9th May, 2023
9
Nimi Princewill, and Stephanie Busari, ‘Nigeria bans Twitter after company deletes President Buhari’s
tweet’< https://edition.cnn.com/2021/06/04/africa/nigeria-suspends-twitter-operations-intl/index.html>
accessed on the 8th of May, 2023
Nigerian government's decision to ban Twitter was challenged in court by ECOWAS, and it was

determined that the ban was unlawful since it violated the plaintiffs' rights. Nigeria was

mandated by the ECOWAS court to install. 10

The Twitter platform prohibition was eventually overturned after 7 months of clamour and a

series of settlements. Although this alleged restriction has been lifted, Nigerians still bear the

wound of the government's flagrant violation of their fundamental right to free expression. This

was also one of the Nigerian government's most significant and effective efforts to control

social media. This investigation was motivated by the persistent worry that other efforts may be

forthcoming, especially given the role social media played in the recently ended 2023 elections.

In this essay, the effects that social media regulation would have on a democratic country like

Nigeria are highlighted along with the difficulties that control will present.

1.3 Scope of the Study

This study makes an effort to critically examine the detrimental effects that social media

regulation had on Nigerians' freedom of expression, particularly those who are frequent users of

social media.

Various attempts have been made over the years to regulate social media in various nations.

This study, however, focuses on Nigeria because it is the researcher's home country and because

a ban that was recently imposed on a social media platform there has since been lifted.

Because social media is viewed as a platform for expression and because the numerous attempts

to regulate social media had the greatest negative effects on the right to expression, this study

10
ECOWAS Court victory: Twitter ban in Nigeria declared unlawful
<https://www.accessnow.org/press-release/ecowas-court-nigeria-unlawful-twitter-ban/> accessed 8th
may, 2023
also uses freedom of expression as a point of call. This is not to say that other rights, such as the

freedom of information and communication, were not negatively impacted by the regulation of

social media.

While some will contend that social media regulation will have good effects on other facets of

the Nigerian economy, this study concentrates on the detrimental effects it will have on

Nigerian people' human rights.

1.4 Limitations of the Study

1. Several difficulties were faced when doing the research for this study, including

2. 1. Inadequate primary data: This is a result of the Nigerian government's repeated

failures to pass legislation regulating social media. Therefore, a clear regulatory and

legal framework or statute that may be used as a primary source of data does not exist.

Additionally, there aren't many cases that have been decided on the issue.

3. 2. Financial limitations: This research is hampered by a lack of funding, which is

necessary to conduct an effective study. The lack of funding for obtaining materials,

distributing questionnaires, conducting interviews, etc. severely restricted our research

activity.

4. Time restrictions: conducting research while also enrolling full-time and shouldering a

heavy load of academic obligations was a serious obstacle to this research activity.

5. 4. Lack of varied opinions: Since one of the goals of the non-doctrinal approach is to

encourage diverse opinions, the researcher decided to employ the doctrinal technique.

This is a result of not having access to the many users of social media who truly use it as

a platform for constructive criticism, expression, etc.

1.5 Significance of the Study

Without properly considering how this regulation will conflict with the principles of what a

democratic country will look like without a free and unrestricted platform for citizens to air

their opinions and offer constructive criticism, the government decided to regulate social

media. This study as such seeks to uncover what a parody democracy Nigeria will become

with restricted social media access and the extent to which this restriction will affect

citizens' belief in the fundamental nature of human rights. Additionally, this study will

inform the general public and the government on the value of social media as a platform for

expression and as a source of feedback.

1.6 Aims and Objectives of the Study

This study's main goal is to depict the irrational decision to prohibit social media in Nigeria as

an assault on freedom of expression and a scandal to democracy. The precise goals consist of:

1. Ascertain the impact that social media regulation will have on the right to free speech.

2. Examine how democracy can actively operate in a social media landscape that is governed.

3. Examine the legality and compliance with the UDHR of the social media regulations.

4. Examine whether granting the general public access to social media is democratic.

1.7 Research Questions

This study tries to provide answers to a number of unresolved issues about social media

regulation in Nigeria and its effects. These inquiries consist of:

1. How constitutional is Nigeria's social media ban?

2. How social media encourages citizens to actively participate in democracy

3. Negative effects of social media regulation on Nigeria

1.8 Research Methodology

The theological methodology used in this study necessitates the utilisation of both primary and

secondary data. Secondary was used in this study to thematically discuss the subject. In

accordance with the aforementioned, existing literatures were analysed to comprehend the

problems related to social media regulation in Nigeria within a democratic period. It was carried

out to determine the difficulties and effects of social media regulation in the nation. The

majority of the data sources for this discourse come from existing literature on the topics found

in books, journals, statutory papers, case reports, standard text books and reference books, S.N.,

and online publications.

Throughout this book, analytical and descriptive methods were employed, and in chapter 4, an

attempt at a comparative analysis was made. For this research project, the analytical and

descriptive procedures were found to be the most productive since they enabled a critical and in-

depth investigation of the topic "Regulation of Social Media in Nigeria: an Attack on Freedom

of Expression."

1.9 Literature Review

Nigeria is not an exception to the delicate, contentious, and contradictory issue of social media

regulation that has plagued several countries across the world.

There have been repeated requests and initiatives to regulate social media in Nigeria. This is as

a result of the EndSARS protest making the alleged "negative effects" of social media more

apparent. Like other contentious issues, the regulation of social media in Nigeria has been the
subject of opinions and viewpoints from a variety of authors, human rights activists, and general

public members. Others view it as an attempt by the government to limit the freedom of

expression that has been granted by human rights and as such poses a serious threat to the very

nature of human rights, while some see it as necessary to reduce the likelihood of receiving false

information and the possibility of causing conflict among people.

According to UNIZIK LAW JOURNAL VOL.13, 2017's article on social media and
individual rights from a Nigerian perspective,
It is instantly clear that the channels through which he will conduct his
business are neither predetermined nor constrained by a list. The freedom to
store and share information without hindrance was, it might be assumed, what
the draughtsmen were thinking about. From the foregoing, it is therefore clear
that every Nigerian citizen who has fundamental human rights is free to utilise
social media to express his or her free11

The aforementioned claim was created in connection to the clauses of Article 19 of the

Universal Declaration of Human Rights (UDHR), Section 39 of the Federal Republic of Nigeria

1999 Constitution, and the International Covenant on Civil and Political Rights (ICCPR). His

claim illustrates how the aforementioned statutes should be interpreted in accordance with the

golden rule. According to this journal, social media is on par with mainstream media, which

implies that if mainstream media is unrestricted and subject to some level of non-interference,

then it can be said with accuracy that social media has no boundaries when it comes to its ability

to report on events. It went on to say that using social media actively is a very important way for

individuals to contribute to political thoughts, legislation, offer constructive criticism, etc. In

contrast to conventional mass media, which can simply transmit information and offer no means

of immediate feedback, social media was as such considered as a medium that aided political

11
The UNIZIK Law Journal vol.13, 2017, ‘Social Media and the Rights of the Individual: the Nigerian
Perspective’
engagement. The capacity to produce content on social media allows users to move beyond their

traditional roles as content consumers and consumers of content.

This magazine was accurate in its assessment of how social media can be used by citizens to

participate in national politics and other issues that were brought up. However, I shall criticise

this publication on the ground that social media platforms should not enjoy the independence

that traditional mass media, such as newspapers and television stations, were said to possess.

This is due to the fact that these mass media's freedom is heavily constrained and regulated. The

mass media in Nigeria are currently governed by a number of laws and regulations, and there is

a significant presence of what they refer to as "gatekeepers" like the National Broadcasting

Commission, which has established strict laws and imposed punishments for breaking them.

The National Broadcasting Act, an enforceable regulation, extensively regulates the mass media

platforms, thus while in theory they are considered to have some autonomy, in reality this

autonomy is merely a mirage.

The article "Nigeria's Social Media Bill will Obliterate Online Freedom of Expression" by

Egbunike.12 The right to free speech will be threatened by social media regulation, among other

things, according to research. He went on to say that it is repulsive because they limit the

freedom of speech. According to Egbunike, the law's underlying intent appears to be to ban

freedom of expression and criticism, even while its stated purpose (based on a cursory

understanding) appears to be to stop the spread of untruths on social media platforms, fake

news, and plain misinformation. This phrase has never been more accurate because the majority

of social media control laws introduced by the national parliament first seemed to exist only to

12
Egbunike, ‘Nigeria's social media Bill will Obliterate Online Freedom of Expression’
<https://advox.globalvoices.org/2019/11/29/nigerias-social-media-bill-will-obliterate-online-freedom-of-
expression>
curtail the spread of incorrect information. A closer examination of them, however, reveals a

profound contempt for the freedom of expression being enjoyed and tries to limit it.The

Protection against Internet Falsehood and Manipulations measure (2019) is an illustration of

such a measure. 13 which, among other things, stated that any comment that affects the results of

an election for any office is punishable by a fine of 300,000 for individuals and 10,000,000 for

businesses. This is only one of the bill's many dubious clauses that aim to restrict citizens'

freedom of expression, which is a tool for political engagement. Any doubt as to whether the

reason behind the move for social media regulations by the Nigerian government is to impede

freedom of speech was cleared by Vincent Obia, a Birmingham city university student who

wrote extensively on “Are Social Media Users Publishers? Alternative Regulation of Social

Media in Selected African Countries” 14 there, he asserted that while European countries view

social media platforms as the publishers and as such they have the burden of care and liability of

regulating their platforms, that isn’t the case in Africa and in this instance Nigeria. There, users

are viewed as publishers and as such are responsible for the material they publish. Platforms are

only minimally responsible for adhering to legislation, and users are totally responsible for their

own actions, which in some cases may result in criminal charges. This demonstrates why self-

regulation by these platforms is not accepted as a legitimate method of regulation in Nigeria,

which explains the country's urgent attempts to regulate social media. It also clarifies how and

why, following Twitter's suspension in June 2021, the government might make its use a crime.

13
Protection from Internet Falsehood and Manipulations Bill (2019)
14
Vincent Obia, ‘Are Social Media Users Publishers: Alternative Regulation of Social Media in Selected
African Countries’
<https://www.researchgate.net/publication/353719706_Are_Social_Media_Users_Publishers_Alternativ
e_Regulation_of_Social_Media_in_Selected_African_Countries> accessed 18th may, 2023
 This legal framework plays at committing a crime against humanity via the legal system, which

I would describe as crass and wicked. This begs the question of why Nigeria decided to regulate

users as opposed to platforms in the first place. The intention of these rules, which is to restrict

citizens' freedom of expression, is a major factor in this.

CHAPTER TWO

2.1 Conceptual Clarification

Concept of Social Media

Social media is a notion that has a wide range of applications. Given that it is now being used

to describe almost any website on the internet today, the phrase is much more likely to be used

in an ambiguous manner. While some people's view of social media is more narrow and they

frequently only include networking sites like Facebook and Instagram, others do not see blogs

as belonging to the social media category. Most people seem to have different ideas about what

social media is and is not. As a result, it has been challenging to offer a single definition that
covers all of the technology and activities related to the word. Lack of a defined scope, format,

topic, audience, or source may be to blame for the difficulties in presenting a single description.

But let's look more closely at the big idea in order to gain greater and more precise information.

The internet as we know it now developed over several generations. Early Internet use was

primarily a one-way flow of communication. Users were only able to view online content; they

had no way of liking, commenting, sharing, or engaging with other users. The 'Web 2.0' phase

of Internet evolution, which was characterised by feedback, interactivity, and multi mediality,

occurred in the late 1990s and early 2000s. Social media is now a two-way communication

channel where messages may be sent and received swiftly.

Social media can be thought of as an internet-based medium of communication that enables

people to engage in dialogue, exchange knowledge, and produce material for the web. It was

used to describe newly developed web-based communication tools that expanded on Web 2.0's

theoretical and technological underpinnings, allowing the creation and exchange of material

created by users.15 .

Social media refers to websites and applications that enable quick and efficient real-time

information posting. Many different websites, blogs, microblogs, wikis, social networking sites,

instant messaging apps, video-sharing websites, podcasts, widgets, virtual worlds, and other

platforms are examples of social media.

The capacity to generate and share "content free of censorship and at low cost" has led to social

media's recent rise in popularity and prominence. Due of this, it has gained importance in

amplifying the voices of demonstrators around the globe. One instance is the Arab spring, when

15
Jeffrey W. Treem, Stephanie L. Dailey, Casey S. Pierce, ‘What We Are Talking About When We Talk
About Social Media: A Framework For Study’
<https://deepblue.lib.umich.edu/bitstream/handle/2027.42/134199/soc412404_am.pdf>
research from the Project on Information Technology and Political Islam discovered that social

media was crucial in influencing political discourse in the Arab and that online revolutionary

talks frequently anticipated large-scale demonstrations on the ground. Another illustration of

this kind is the 2020 ENDSARS movement, a wave of large-scale demonstrations against police

brutality in Nigeria that began and spread on social media.

According to a 2019 Pew Research Centre analysis on social media use in the United States,

barely 5% of Americans utilised social media in 2005, but that number shot up to 72% in 2019.

According to that estimate, seven Americans use social media to interact with one another,

consume news articles, share information, and have fun.16.

According to the aforementioned figures, social media is now a part of daily life to a greater

extent and is also a crucial component of a social landscape that is interconnected. 17. Numerous

facets of private and public life are impacted by the widespread use of social media, including

identity formation, interpersonal interactions, and political economy.

We could go on and on about the many uses of social media, but for the purposes of this essay,

we'll focus on the communication use of social media because that's what it really cares about.

2.1.2 Concept of social Media Regulation?

Without a doubt, social media has had a number of beneficial consequences on society as a

whole. Despite this, it is currently being referred to by many as the most effective tool for both

good and evil. Its shortcomings, such as cyberbullying, impersonation, exposure to

inappropriate content, etc., are to blame. Thus, there is now more need for its regulation as a

result of this.
16
Social Media Fact Sheet -Fact Sheet
17
Jenny L. Davis, ‘Social Media’
<https://www.researchgate.net/publication/314581845_Social_Media>
Social media regulation is the term for the state's control over, restriction of, and moderating of

social media platforms in order to maintain security and stability 18. This covers any form of

limitation and control over the operations of high-tech telecommunications oligopolies, as well

as the filtering of media material on computer-mediated software. The goal is to force social

media sites to follow accepted norms, rules, or procedures. With the exception of the Nigerian

Cybercrime Act of 2015, there isn't a strong formal framework or law for social media

regulation in Nigeria.

The movement for social media controls has gathered steam and become virtually inaudible, not

just among individuals but also among governments all across the world. It is accurate to say

that these conversations have evolved from a straightforward regulatory request into a

regulatory obsession.19. Thus, there have been numerous attempts to impose "overregulation" on

social media without firm protections for the right to free speech.

The justification for social media regulation, in the opinion of the protesters, is that it is

necessary to do so in order to stop social media's "evil" from spreading throughout the nation.

They have argued that social media regulation is crucial to preventing the spread of its "evil." I

will say that this is merely a mirage and a ludicrous excuse.

The gaps between social media and traditional mass media that were discovered led to an

increase in requests for social media restrictions. Social media content is user-generated and as

such is susceptible to little to no moderation, in contrast to traditional mass media platforms that

18
Charles A. Obiora, Amobi Peter Chiamogu1, Uchechukwu, ‘Social Media Regulation, Freedom of
Expression, and Civic Space in Nigeria: A Study Based on Authoritarian Mass Communication Theory’
A Journal of Government and Political Issues journal
19
Bissera Zankova and Valeriy Dimitrov, ‘Social Media Regulation: Models and Proposals’
(https://www.davidpublisher.com/Public/uploads/Contribute/5f474c8a3fcb0.pdf) accessed on
the 21st of May
have gate keepers that monitor the content that is published on platforms. The majority of

governments took this action to enhance content.

Internet and social media regulation proposals are answers looking for a problem. Simply told,

there aren't many examples of government regulation of the internet from the digital era. In

contrast to the traditional media era, this has made social regulation a more complicated

endeavour. Some of the government's actions have been viewed as being extremely arbitrary,

vulgar, and nontransparent. The razor-thin line between a violation of free speech and social

media regulation has not been taken into account in the adoption of these regulations.

The fundamental freedom of expression, which is protected by the Constitution, has been

progressively restricted as a result, and the Internet's open nature has generally changed. As a

result, the move to regulate social media has been labelled as undemocratic20.

Social media regulation has encountered a variety of difficulties. One of these is the significant

conflict of interest. Because social media networks are primarily private, they can set their own

standards21. Finding a middle ground between what the government considers to be regulated

and the level of regulation that social media sites are ready to implement is therefore rather

tricky. This is one of the main issues that had an impact on Nigeria's social media laws and

contributed to the platform's suspension on Twitter. This suspension resulted from the

president's tweet being removed for violating the platform's rules. The prohibition lasted for

over seven months.

20
the Association for Progressive Communications (APC), ‘Content Regulation in the Digital Age’
Submission to the United Nations Special Rapporteur on the Right to Freedom of Opinion and
Expression accessed 19th June, 2023.
21
Tsegyu Santas, ‘Social Media Regulation in a Democratic Nigeria: Challenges and Implication’
https://www.researchgate.net/publication/353429624_Social_Media_Regulation_in_a_Democratic_Nige
ria_Challenges_and_Implication accessed 19th June, 2023.
 The difficulties in identifying and enforcing the removal of harmful content, especially when it

is implicit or coded, a global regulatory gap, and the permanence of digital content over time are

among the challenges. the purpose of the switch from

Activists contend that governments are turning the regulation of online information they

disagree with over to the platforms themselves.,22 In order to shift responsibility for violations

of human rights from the government to the social media corporation, this is done. Technology

businesses are ultimately required to "do the dirty work for them."23”

Former Special Rapporteur for Freedom of Opinion and Expression David Kaye observed that

governments are now using vague and restrictive laws on issues like extremism, blasphemy, defamation,

and false news to force businesses to censor legitimate discussions on social media. 24. These

appropriate discussions frequently centre on contentious subjects.

2.1.3 Concept of Freedom of Expression and its Breach

The right to freedom of speech includes the freedom to have beliefs, to receive and
spread ideas, and to speak and be heard without hindrance. It is a fundamental human
right that is acknowledged and protected by practically every international human rights
treaty, regional human rights agreement, and constitution in the globe. Included in this is
the Universal Declaration of Human Rights (UDHR), which the United Nations General
Assembly unanimously ratified in 1948. The Universal Declaration of Human Rights'
Article 10 said that

Everybody has the right to express themselves freely. This right includes the freedom to
express ideas and receive and transmit information without restriction from public
authorities or geographical boundaries.…25

22
Alicia Ceccanese, ‘How social media regulation could affect the press’ https://cpj.org/2022/01/social-
media-regulation-affect-press/ accessed on the 20th of June, 2023.
23
ibid
24
ibid
25
Article 10 of the Universal Declaration on Human Rights
Similar provisions for freedom of expression were made in the African Charter on Human and

Peoples' Rights, whose Article 9 stated explicitly that everyone has the right to information and

the freedom to express and disseminate their opinions within the bounds of the law.26

There are other international organisations that have also included provisions for freedom of

expression. This has compelled the majority of nations to ratify these clauses into their domestic

legislation. Nigeria is one of these nations. According to Section 39 of its domestic law, the

1999 Constitution of the Federal Republic of Nigeria as amended, "Every Person Shall Have

The Right To Freedom Of Expression, Including The Freedom To Hold Opinions And To

Receive And Disseminate Information Without Interference,"27

Every citizen possesses the opportunity to express themselves freely and without hindrance.

They also have the right to receive and transmit ideas. People now have the freedom to express

themselves without fear or favour. The freedom to be silent might also be interpreted to fall

under the umbrella of free speech. As a result, it is unlawful to force someone to speak against

their will at any moment because doing so violates their human rights. In addition to the right to

speak freely, you also have the freedom to write about your ideas and observations, publish

them, and even sing—so long as you don't bother anyone else.

The UN Human Rights Council (UNHRC) declared in a resolution from 2016 that

freedom of expression is one of the rights that must be protected online in addition to those that

exist offline. This indicates that what is expressed on social media networks, the bane of this

study, is subject to the provisions of this act regarding the freedom of expression.

26
Article 9 of the African Charter on Human and Peoples’ Rights
27
Section 39 of 1999 Constitution of the Federal Republic of Nigeria as amended
 The value of freedom of expression cannot be overstated, despite the possibility that it

may conflict with other rights guaranteed by the Convention, such as respect for private life,

freedom of conscience, and freedom of religion. This is due to the fact that it is crucial for the

protection of other rights guaranteed by the Convention in addition to being significant in and of

itself.

Another significant aspect of freedom of expression is that it is a necessary

condition for both democracy and effective government. As a result, it serves
as the lifeblood and foundation of democracy since a democracy without the
right to freedom of expression is equivalent to a democracy that is dead.
According to a respected court, the freedom of expression
"is one of the fundamental tenets of a democratic society and one of the
prerequisites for both its advancement and the growth of every man...It
applies to "information" and "ideas" that offend, shock, or disturb as well as
to those that are well welcomed or viewed as inoffensive or irrelevant.These
are the requirements of the plurality, tolerance, and open-mindedness that are
necessary for a "democratic society" to exist.28.
George Benard Shaw's allegoric remark that "the whole theory of freedom of speech rests on the

assumption that everybody is wrong on some point on which someone is right so there is public

danger in allowing anyone to go unheard" served as the foundation for the right to free

expression.29”

Theoretical and Historical Framework

2.2 .1 Brief historical Background of Social media in Nigeria

The use of social media has revolutionised not only Nigeria but the entire world. Thus, it would

be incorrect to begin the history of social media in Nigeria without first mentioning global

history.

28
European Court of Human Rights, ‘Handyside v UK (1976) 1 EHRR 737’
29
George Bernard Shaw, ‘Freedom’ ( Non - fiction )
There are various theories about social media's beginnings. The Advanced Research Projects

Agency Network, also known as the ARPANET, first came into being in 1969, according to the

majority of modern versions of the history of the internet and social media 30. Others can argue

that Ray Tomlinson's successful message exchange between two computers placed close to one
31
another in 1971 marked the beginning of social media communication. What is referred to as

social media has undergone a significant transformation since its earliest known origins up until

the present. This is because numerous new social media platforms have been developed,

broadening the definition of what is meant by social media. Consider Friendster, which was

developed in 2002 as a means of connecting with individuals worldwide. This fit into the typical

definition of what social media was supposed to be. However, with the introduction of LinkedIn

in 2002, social media usage was expanded to promote professional networking. The social

media era was revolutionised when Mark Zuckerberg founded Facebook in 2004.

Twitter, another network created in 2005, and YouTube A year ago, Pinterest All contributed

varied and distinctive perspectives in 2012 to widen the definition of social media.

However, the social media landscape in Nigeria is completely different. This is a result of

being slow to adopt new technology. Before technology arrived in Nigeria, all communication

was done through direct physical contact. Undoubtedly enjoyable, but ineffectual as more and

more people lost touch as a result of long distance moves. As the years passed, technology and

internet communication began to advance in the nation.

30
Maryville University, ‘The Evolution of Social Media: How Did It Begin, and Where Could It Go
Next?’
(https://online.maryville.edu/blog/evolution-social-media/) accessed on the 26th of May, 2023
31
Xtremeloaded, ‘The History of social media in Nigeria’ <https://www.xtremeloaded.com › the-history-
of-social-...> accessed on the 26th of May, 2023
 Only in 1996, after the Nigerian Communications Commission (NCC) decided to provide

licences to 38 internet services, did the Internet begin to spread throughout Nigeria 32. Following

that, a number of additional internet service providers, including Skannet, PINET, Linkserve,

Steineng, Cyberspace, Infoweb, and Hyperia, among others, gained access to the world of

Nigerian Internet technologies. This took place between 1996 and 2000. Since then, a large

number of blogs, internet service providers, and other social media platforms have emerged.

They consist of Twitter, Reddit, Skype, LinkedIn, Viber, Snapchat, Line, Pinterest, Telegram,

Tinder, Facebook, YouTube, WhatsApp, WeChat, Instagram, Tik Tok, and Facebook.

Olusegun Obasanjo must be mentioned in order for the history of social media in Nigeria to be

complete. The phrase "Obasanjo's internet" may have been used more frequently than usual if

you are familiar with some of the words used by Nigerians on the internet. The former president

of Nigeria, who went by the name of Obasanjo, is credited for founding the internet in that

country. The nation took its first step towards digitally driven communication during his

presidency. He completely changed how people use the internet, and we are still really

appreciative of that.

Even though Nigeria currently has a less established Internet infrastructure than other

nations, social media usage is nonetheless very common. World Internet Statistics indicate,33 On

a global scale, Nigeria is ranked sixth for Internet usage. Most areas of the Nigerian economy

are affected by it. This encompasses, but is not limited to, the fields of politics, health,

agriculture, and even banking. Therefore, it is clear that social media's history and evolution

32
Ask Legit, ‘History of social media in Nigeria and the world’ <https://www.legit.ng/1209780-history-
social-media-nigeria-world.html> accessed on the 24th of June, 2023.
33
World Internet Stats (2020)
haven't come to a close; the narrative is still being created and will undoubtedly improve over

time.

2.2.2 Historical background of the regulation of social media in Nigeria

Almost often, whatever that offers a benefit also has a drawback. However, the deciding factor

is typically which is more important. Regulations are typically not necessary for a phenomenon

if the benefits outweigh the drawbacks and vice versa. Who is impartial enough to decide if the

benefit outweighs the cost is the next open question. This is the sad story of social media in

Nigeria, where there is a call for its control.

In Western Europe, the history of media regulation dates back to the 15th century. The

invention of the printing press at the time is what caused this. However, because printers and

authors were afraid to disagree, a rigid licencing system was implemented, under which anyone

who published a work had to first have state clearance, and violators were subject to harsh

penalties.34 As a result, media regulation is not a very novel subject. On the other hand, social

media regulation varied a little. This is due to the fact that no one anticipated the drawbacks of

social media prior to its invention. It was therefore unexpected to learn that social media, which

held out a lot of promise for benefits, also came with a sizable number of comparable

drawbacks. Countries all across the world decided to enact laws for its use to lessen these

drawbacks. That's not so horrible, is it? or so we believed.

Most nations have embraced the social media regulatory strategy. But although some nations

implemented these laws in consideration of the fundamental human rights, others did not.

Among the nations that showed no consideration

34
M Abdullateef, ‘Regulating social media in Nigeria’ <
https://njps.nileuniversity.edu.ng › 2021/12 › R> accessed on the 27th of May
In the past, the Nigerian government has been audacious in its attempts to control social media.

Due to this, Nigeria's social media regulation process has been difficult. 35, due to the

government of Nigeria's numerous unsuccessful attempts to control social media usage.

The "Frivolous Petitions (Prohibition) Bill 2015," sponsored by the then-Deputy Senate Leader

Ibn Na'Allah, officially started the conversation about social media restrictions, though it has

been ongoing for some time. It didn't scale through and was discarded, like the majority of bills

of a similar sort.36

Later, a law known as "the Protection from Internet Falsehood and Manipulations Bill 2019"

(often referred to as the Anti-Social Media Bill) was introduced that had similar provisions. The

Anti-Social Media Bill aimed to stop online fake news. Due to the bill's potential to restrict free

speech and the press, it faced strong opposition from stakeholders. As anticipated, the bill was

never passed into law.

One may assume that these unsuccessful initiatives would serve as a wake-up call and serious

evaluation of the true driving force behind the call for social media regulation in Nigeria.

Instead, by outlawing Twitter, the government made a significant advancement in the regulation

of social media. A decision that is enlightening.

Twitter is an online community that was used in Nigeria until a temporary ban on its use was

imposed on it on June 5, 2021, as a result of the president, Mohammadu Buhari, deleting a post
37
that was deemed to violate the "abusive behaviour rules."” It was utilised by twitter. The
35
Temitayo Jaiyeola, ‘Nigeria’s tortuous journey to social media regulation’ Punch News Paper (26th
July 2022) https://punchng.com/nigerias-tortuous-journey-to-social-media-regulation/ accessed 20th
June, 2023.
36
Emmanuel Paul, ‘Everything you need to know about Nigeria’s Social Media Bill and what you can do
about it’
< https://techpoint.africa/2019/11/28/nigerias-social-media-bill/> accessed 27th of May, 2023.
3748
Verge, ‘Twitter rewrites its rules on violent content under Elon Musk’
<https://www.theverge.com/2023/2/28/23619262/twitter-violent-speech-policy-zero-tolerance> accessed
dubious justification for this prohibition was to "protect the fundamental rights of Nigerians as

well as non-Nigerians."’38. It took more than 7 months, a number of agreements, and a lot of

pressure for the Twitter platform restriction to be finally lifted.

The National Information Technology Development Agency, a Federal Government agency with a

mandate to develop, regulate, and provide advice on information technology, released a "Code of

Practise for Interactive Computer Service Platforms/Internet Intermediaries" as a result of the failure of

the other earlier bills, I will say’ 39. The code of conduct's application area was expanded to include

social media sites and essentially Internet intermediaries.

2.2.3 Approaches and Methods for the regulation of Social Media in Nigeria

The Nigerian government's methods and strategies adopted for this purpose led to the issue of

social media regulation in that country. This strategy is based purely on the idea that users of

social media platforms are the publishers and are therefore responsible for the content they post.

Platforms are only minimally responsible for adhering to legislation, and users are totally

responsible for their own actions, which in some cases may result in criminal charges.

The Nigerian government's strategy also included a flagrant disdain for the additional

drawbacks of social media, such as cyberstalking, impersonation, and bullying. They just

addressed the part of it involving hate speech. This is due to the internet's gradual emergence as

a powerful platform for political engagement and the delivery of constructive criticism.

Therefore, they justified political intimidation and the repression of voting rights by citing

9th May, 2023

38
Michael Olugbode, ‘Twitter Ban Violates Nigerians' Fundamental Rights, Says US’ This Day News
Paper, (Thursday, July 20, 2023)

39
Punch, ‘Nigeria’s tortuous journey to social media regulation’ <https://punchng.com/nigerias-tortuous-
journey-to-social-media-regulation/> accessed on the 27th of May, 2023.
social media regulation. It was being used as a tactic to crack down on citizen journalists and

bloggers critical of the government while labelling their work as "hate speech."

In terms of legislation and precedents, social media regulation is a relatively new and uncharted

territory. This is due to the fact that new problems and areas of social media that require control

continue to be found every day. The Nigerian government has sole choice regarding the

procedure to be used because there are no precedents. The approach that they subsequently used

is one that I shall characterise as being not just rudimentary but also archaic and draconic in

nature. This strategy entails enforcing criminal penalties, including fines, for violating social

media law. This can be compared to the desperate act of sledge hammering an ant.

The main flaw of this study is that the tactics the Nigerian government used to regulate social

media were marked by a flagrant disdain for the fundamental human rights of Nigerians. It

contains regulations that contravene every tenet of the freedom of expression, which is meant to

be an unalienable right. When does this vicious cycle end if the government is violating our

fundamental human right to impose regulations on social media because it is violating our

fundamental human right?

This demonstrates why the Nigerian government does not view self-regulation by these

platforms as a legitimate form of regulation and also explains why the government might make

usage of the Twitter platform illegal over a long period of time.

2.2.4 Precedents on what has been held to be a violation of freedom of

expression [law of sedition]

A fundamental and unalienable human right that is recognised and safeguarded by the law is the

right to freedom of expression. Every democratic and civilised government, including that of
Nigeria, makes it clear and guarantees it. 40 where it was stated in sections 50 and 51 of the

Criminal Code.

According to Section 51, among other things, "1. Any persons who does or attempts to do, or

makes any preparation to do, or conspires with any other person to do, any act with a seditious

intention, or b. utters any seditious words"

d. imports any seditious publication, unless he has no reason to suspect it is seditious. c. prints,

publishes, sells, offers for sale, distributes, or reproduces any seditious publication.

e. Is guilty of an offence and, upon conviction, is subject to a two-year sentence in jail, a N200

fine, or both, for a first offence; a three-year sentence in prison for a second or subsequent

crime; and forfeiture of any seditious publications.”41

Even though it has been determined that these laws deliberately violate the inalienable right to

free speech, they are nevertheless enforceable. This is so that they are properly protected by the

law and deeply ingrained in the constitution. The law of sedition, which contradicts the

principles of this right of expression, serves as a fairly typical example of such a law.

The law of sedition is just one instance where the right to free speech has been subject to

numerous restrictions and exceptions. It originated under British colonial authority, like many

other legal ideas found in Nigerian law. There, a legislation enacted by the British government

was designed to stop people from protesting the injustice being meted out to them.

40
O. W. Igwe, Oziegbe Alunegbe, ‘The Law of Sedition in Contemporary Nigerian Criminal Law: a
Review of the Case of Arthur Nwankwo v the State.
<https://www.researchgate.net/publication/326380881_The_Law_of_Sedition_in_Contemporary_Nigeri
an_Criminal_Law_A_Review_of_the_Case_of_Arthur_Nwankwo_v_The_State>
41
51 of the Nigerian Criminal Code.
Sedition is now a criminal offence that is punishable under the law since it is viewed as an act of

subversion against the state, much like treason and treachery. 42. Ironically, a crime against

humanity is an offence that restricts a citizen's ability to express themselves freely. Since the

right to free speech and the crime of sedition are opposed ideas, it is impossible to strike a

balance between them.

In Ogidi v. Police43, a A telegraph accusing the Customary Courts of being biassed in its

decisions, discriminating against the opponents of that party, and depriving them of justice was

sent to a regional minister of justice and published in a newspaper. This publication was

considered to be seditious44.

So, the question is: for how much longer will Nigerians' right to free speech be violated

by the crime of sedition? The fundamental idea behind free speech was that it should not be

alienable right and must always be maintained. As evidenced by the Arthur Nwankwo v. The

State locus classicus case, this idea has long been relegated to the background and supplanted

by the need to maintain one's appearance and shield oneself from public criticism. 45. There The

appellant and former contender for governor of Anambra state, Arthur Nwankwo, was detained

and imprisoned for publishing seditious statements about the incumbent leader. On appeal, the

court released and cleared him, stating, among other things, that while the book is scathing in its

criticism of the government, such criticism is healthy in a genuine democracy and that any

government officials who felt assaulted might file a defamation lawsuit. In addition, Justice

42
Ikenga K.E. Oraegbunam, Mascot Okeke, Chiagozie, James Igwe, ‘Sedition under Nigerian Criminal
Code: Effects on the Right to Freedom of Expression’ Nnamdi Azikiwe University Library Research
Journal ISSN – 2636-595
43
(1960) LLJR-SC
44
ibid
45
(1985) 6 NCLR 228
Belgore ruled that the government's apparatus could not be utilised to stifle freedom of

expression. 46

Now that social media is being utilised by the government as a tool of

oppression, this is what is feasible in terms of its regulation. Sedition was a
legislation created to prevent the government from being brought into
contempt, according to The legislation of Prof. Itse Sagay. The statute of
sedition cannot coexist with the provisions of the Constitution on freedom of
expression since we now have a Constitution that guarantees that right..”47
The government's criminalization of free speech in the present era of democracy ought to be

prohibited. It is ludicrous and goes against the freedom of expression clauses in the Universal

Declaration of Human Rights, which most nations, including Nigeria, have accepted.

2.2.5 Problems of the regulation of social media in Nigeria

We are aware of the numerous attempts by the Nigerian government to control social media that

have failed. This is because of a number of factors, including:

1. The Proposed Laws, which have made it difficult for Nigeria to regulate social media

platforms. The hate speech bill is one of the most divisive pieces of legislation in Nigeria's

history of attempting to control social media. By forbidding unfair discrimination, hate speech,

and the creation of an Independent National Commission for the prohibition of hate speeches

and linked problems, this proposed law was supposed to foster national cohesion and

46
Alunegbe Oziegbe, ‘The Law of Sedition in Contemporary Nigerian Criminal Law: A Review of the
Case of Arthur Nwankwo v The State’.
<https://www.researchgate.net/publication/326380881_The_Law_of_Sedition_in_Contemporary_Nigeri
an_Criminal_Law_A_Review_of_the_Case_of_Arthur_Nwankwo_v_The_State> accessed on the 8th of
june, 2023
47
Jegede nicheal, ‘the sedition case against wabara’ sun News paper 2014
<https://pmnewsnigeria.com/2014/04/09/the-sedition-charge-against-ebere-wabara/> accessed on the
29th of May, 2023
integration. However, because it was widely opposed and received several critiques, this law

was yet another attempt that failed.

This law was largely opposed for several reasons, including its ambiguity. A few crucial

questions were left unanswered by the measure. This leaves enough leeway for the bill's scope

to be expanded upon and for it to be used for nefarious propaganda. These fundamental queries

include: What is considered to be hate speech? Who is responsible for determining what

qualifies as hate speech? There is no agreed-upon definition of what constitutes hate speech,

making the aforementioned queries required because the word "hate speech" is ambiguous. This

bill's wording and organisation made it clear that it was created without widespread

consultation. The bill less subtly curtailed the right to free speech.

2. Lack of a Clear Legal and Regulatory Framework: Another problem that has

dogged Nigeria's efforts to regulate social media platforms is this one. As stated in Section 2(1)

(b)(i) of the National Broadcasting Act ("the NBC Act"), which stated that The Commission

shall have the responsibility of receiving, processing, and considering applications for the

establishment, ownership, or operation of Radio and Television Stations, including Cable

Television services, Di, the National Broadcasting Commission, the commission charged with

regulating broadcast in Nigeria, does not have authority over social media..48

Although the National Broadcasting Commission Act does not define the term "broadcasting,"

it appears that everyone agrees that the term does not apply to the operations of social media

platforms in its literal sense. This is why the Media Rights Agenda (MRA) filed a claim at the

Federal High Court in Abuja contesting the legitimacy of the National Broadcasting

48
National Broadcasting Act (“the NBC Act”)
Commission's (NBC) ability to regulate and issue licences for social media platforms in

Nigeria.49 Lai Mohammed, the minister of communications and culture, responded by putting

forth a counter bill in an effort to resubmit the National Broadcasting Commission (NBC) Act

amendment bill through the executive bill procedure. The amendment aims to grant NBC the

authority to control, including licencing, the content of social and online media in Nigeria. This

was yet another attempt that failed, though.

That poses a significant obstacle to social media regulation.

Nature of the Internet: Because it has no physical borders, the internet is borderless by

nature. This explains how a website could have servers in one nation, people working in

another, and users commenting from a third. Website owners and governmental organisations

trying to control the internet face difficult challenges as a result of the complexity of the

medium. This has made it much more difficult for the regulatory body or agency of any nation

to pass rules that can effectively control all aspects of the internet, including social media.

49
Press Release, ‘MRA sues National Broadcasting Commission over regulation of social media
platforms’ <https://www.premiumtimesng.com/news/more-news/479704-mra-sues-national-
broadcasting-commission-over-regulation-of-social-media-platforms.html?tztc=1> accessed on the 30th
of May, 2023
 CHAPTER 3

IMPACTS OF THE REGULATION OF SOCIAL MEDIA ON FREEDOM

OF EXPRESSION

1.1 Impact of social media regulations to the confidence of the inalienable nature
of the freedom of expression
The Universal Declaration of Human Rights (UDHR) was adopted by the UN General

Assembly on December 10, 194850. This declaration represented an effort to end human cruelty

and other breaches. To do this, they gave these human rights a number of distinctive qualities,

including universality, inherence, inalienability, indivisibility, and interrelatedness. The concept

of human rights as we know it now is made up of a combination of the aforementioned

elements. The inalienability of human rights will be emphasised for the purposes of this book,

nonetheless.

The majority of international human rights treaties, including the Universal Declaration of

Human Rights (UDHR), international human rights law, the Human Rights Act, and the 2011

Report of the UN Special Rapporteur on Freedom of Opinion and Expression, have all made

50
Dr. Maria Ron Balsera, ‘Human rights: universal, inalienable and indivisible’
<https://actionaid.org/opinions/2019/human-rights-universal-inalienable-and-indivisible>
mention of the inalienability of human rights. The meaning of the term "inalienable" and how it

relates to human rights may be questioned.

Inalienable, as defined by the Oxford Languages, is anything that cannot be taken from or

given away. According to Collins Dictionary, when you emphasise that someone has an

inalienable right to something, you are highlighting the fact that it is a right that cannot be

altered or removed..51

Since human rights are conferred on an individual due to the very nature of his existence,

they are inherent in all individuals regardless of their caste, religion, sex, and nationality. The

key point to be noted from the aforementioned definitions is that "when something is

inalienable, it cannot be taken away.".52 As a result, I will refer to them as one's birthright. If a

birthright cannot be taken away, why should someone's human rights be violated?

However, there are extraordinary situations where certain human rights may be revoked, as

stated by the law. However, for this to occur, proper procedure must be followed and it must

only be done when it is absolutely essential. Here, the distinguishing term is "necessary."

In Kommersan Moldovy v Maldova53, According to the European Court of Human Rights, "the

test of 'necessity' required the court to determine whether the alleged interference corresponded

to a pressing social need, whether it was proportionate to the legally permissible goal pursued,

and whether the reasons given by the national authorities to justify it are reasonable."54

5160
Colins Dictionary
5261
M.N. Anyabolu, ‘Journal of International Human Rights and Contemporary Legal Issues on the
Nature of Human Rights
53
European Court of Human Rights, April 27, 2019. SECOND SECTION DECISION. Application no.
10661/08
54
Kommersan Moldovy .v. Maldova European Court of Human Rights 9,(2007),6, Para 33 in Sara
Hadwin andDuncan Bloy, Law and the Media,(1st e.d 2007),5
Examples of situations where the impairment of one's human rights has been declared

absolutely necessary include criminal charges and sentencing where one's freedom of

movement and personal liberty can be restricted. But nowhere has the restriction of one's ability

to express themselves through social media regulation been deemed to be as remarkable as it

was in Nigeria.

According to Richard Foltin of the Freedom Forum Institute, an inalienable right is "a right

that cannot be curtailed or eliminated by human laws."” 55. This notion encompasses the freedom

of expression, making it an unalienable right. Although it is unalienable, there are several legal

restrictions, such the laws against sedition, contempt of court, and uttering defamatory remarks.

However, restriction of sociopolitical messaging is a common occurrence for citizens living in

countries with populist governments that have authoritarian tendencies. 56 Social media

regulation is one of these censorships, which is an illegal way to restrict freedom of expression.

The employment of laws to control public communication and opinion on social media

platforms is known as social media regulation. It even goes as far as outlining penalties and

consequences for using one's right to free speech, thereby criminalising it in Nigeria. The public'

faith in the unalienable nature of human rights is severely threatened by this. This is due to the

idea of inalienability being a mirage if the federal government might revoke a right that has

been specifically guaranteed by laws both locally and internationally without incurring any

consequences.

55
Vijaykumar, ‘Freedom of expression is a citizen's inalienable right’ <https://ctconline.org/wp
content/uploads/pdf/2021/seminar-presentation/essay/F-10-Vijaykumar-Puri.pdf> accessed on the 6th of
june, 2023.
56
Charles A. Obiora, Amobi Peter Chiamogu1, Uchechukwu P. Chiamogu, ‘Social Media Regulation,
Freedom of Expression, and Civic Space in Nigeria: A Study Based on Authoritarian Mass
Communication Theory’
One may be perplexed as to why a flagrant violation of an unalienable right guaranteed by the
Universal Declaration of Human Rights isn't always put into effect. This is due to how difficult
it is to enforce. This is a result of the hazy distinction between the exercise of one's right to free
expression and its violation. Additionally, this right's enforceability does not extend to the latter.
A violation of the right to life can be enforced locally and internationally, but the same can't be
said for a violation of the freedom of speech. They claim that it must not be as serious as murder
in order to be considered an actionable offence.

Because of the aforementioned factor, the

3.2 Impacts of social media regulation on the freedom of the press case study
of (ogwuche v federal republic of Nigeria)
The right to freedom of the press, often known as media freedom, is acknowledged on both a

national and international level and is reflected in a number of legal texts. As a result of the

freedom of expression's expansion to include using the media and other platforms as a platform

for self-expression, freedom of the press came into being. The Universal Declaration of Human

Rights, which spoke about the freedom of expression, stated among other things that "... this

right includes freedom to hold opinions without interference, and to seek, receive, and impart

information and ideas through any media regardless of frontiers." Several human rights statutes

either expressly mentioned this or implied it. 57

From the aforementioned clause, it follows that freedom of the press and freedom of

expression are mutually exclusive because they are both fundamental prerequisites and

requirements for the flourishing of a democratic and diverse society.

Even the freedom to receive ideas and information is included in this right. Therefore, when a

state's government uses any means to silence or restrict the activities of the media, it violates not

57
Article 19 of the Universal Declaration of Human Rights
only the journalists' and media's freedoms of expression but also the citizens' rights to free

access to information and ideas, which are guaranteed and protected by the constitution. 58.

this is due to the media's important role in revealing instances of corporate misconduct, abuses

of power, and breaches of human rights. This is now possible in most nations, including

Nigeria, where the government regularly seeks to stifle the media through laws and regulations

that are perceived as harsh and dictatorial.59

The key international document that emphasises the value of the free press is the Universal

Declaration of Human Rights.

Since the media is so important in exposing power abuses, human rights violations, corporate

wrongdoing, medical malpractice, and environmental crises, freedom of the press implies

immunity of the media from government control. This helps to ensure that the public is

informed, abuses are stopped, criminal perpetrators face justice, and victims can seek redress.

The media should be allowed to carry out its duties without interference because it serves as the

public's eyes and ears.

One right that has repeatedly been disregarded and infringed is the freedom of the press. This is

due to the fact that the general public only notices its breach when there is a lack of real,

unfiltered news. It is more so experienced by journalists who are subjected to intimidation,

beatings in public, detention, assassination, etc. Despite the specific constitutional provisions

ensuring it, this has led to the grave underapplication of journalistic freedom.

However, there have been instances where the international world has stepped in when Nigerian

press and free speech rights have been violated. Ogwuche v. Federal Republic of Nigeria

58
Media Law Handbook for Southern Africa, ‘The role of the media and press freedom in society’
Otieno Sophie Awino, ‘The Effect of Censorship Laws on Media Freedoms’
59

<http://ssrn.com/abstract=1895352> accessed 7th June, 2023.

provided evidence of this.60 where Festus A. O. Ogwuche and all news organisations were

required to have any proposed live programme inspected by the Commission 48 hours prior to

airing was found to be in violation of the right to freedom of expression by the Community

Court of Justice of the Economic Community of West African States. 61. The Court further ruled

that the argument presented, that some programmes were broadcasting content that harmed the

peace and unity of Nigeria, lacked sufficient support after reviewing international and regional

human rights agreements. As a result, the Court ruled that the regulation should be rescinded

because the restriction was deemed unnecessary.

The National Broadcasting Commission's enforcement of a sanction on more than 25

broadcast stations is a very recent occurrence. This was "due to the failure to adhere to existing

broadcast law on coverage of the 2023 general elections," as stated in their statement. 62.

According to the rules, ethnic and religious profiling was not allowed during the general

elections in 2023. However, it is unclear who is responsible for defining what constitutes what

they called "ethnic and religious profiling." This is only one of many occasions in Nigeria

where the freedom of the press is flagrantly ignored.

Ironically, there have been proposals for social media control from some journalists. 63. This

is a result of the level of relevance that citizen journalism and the expansion of the internet have

taken away from the journalism industry. They argued that social media regulation can address

60
ECW/CCJ/JUD/31/18
61
Global Freedom of Expression, ‘Ogwuche v. State’.
62
Friday Olokor, ‘Election: NBC sanctions 25 broadcast stations, gives 16 final warning’ Punch News
Paper (15th March 2023) https://punchng.com/election-nbc-sanctions-25-broadcast-stations-gives-16-
final-warning/ accessed on the 5th July, 2023.
63
Alicia Ceccanese, ‘How social media regulation could affect the press’ Premium Times
[Lagos, 5 January, 2022 ] <https://www.premiumtimesng.com/news/more-news/504207-how-social-
media-regulation-could-affect-the-press.html?tztc=1> accessed on 1st june, 2023.
problems like online abuse, false information, and declining advertising revenue. What irony

this is!

3.3 IMPACT OF SOCIAL MEDIA REGULATIONS ON DEMOCRATIC

PARTICIPATION OF CITIZENS (CASE STUDY OF THE 2023 NIGERIA’S

PRESIDENTIAL ELECTION)

Social media has evolved over time from being only a platform for communication to being

the new public sphere. The government was taken aback by this because of how quickly the

political landscape was changing and how quickly social media was taking control.

Public spheres were free and open spaces for discussion where logical political discourses,

discussions, and viewpoints were created. These spaces served as forums for checks and

balances as well as a means of political engagement. They were initially restricted to physical

sites like markets, churches, mosques, etc. before the invention of social media. There has been

a transition from actual public spaces to virtual ones that are more expansive and accessible for

the general population64.

Social media has had a very significant impact on contemporary politics. This is the case

because social media has fundamentally changed how the traditional political structure

functioned, as well as how government institutions, political figures, and citizen participation.

Use of social media is crucial for a democratic society for the following reasons:

First off, social media acts as a conduit for communication between the governed and their

chosen officials. A government that, by virtue of representation, was supposed to be close to the

people was, before the advent of social media democracy, not just far away but also

64
Dahlgren, P. (1995). Television and the Public Sphere. London: Sage.
inaccessible. Because the populace was not given significant opportunity to engage in their

governance, the idea of democracy became a phantom.

Additionally, this procedure was not entirely free from the influence of the political elite

because, as elections are approaching, they use presents and hollow promises to entice voters.

The cycle of Nigeria's democratic experience has been that they continuously feed off the

gullibility and poverty of the populace, who now cede their authority for fleeting rewards and

are left at the mercy of elected leaders. Since everyone is involved in directing the affairs of the

country, social media democracy places a premium on citizen participation.

A study titled "Social media as People's power: A Textual Analysis of January 2012 Anti-Fuel

Subsidy Removal Protest in Nigeria" revealed that social media has developed into a potent

platform for communication in Nigeria and will keep doing so as long as it protects peoples'

freedom of expression and allows them to actively engage in democratic and governmental

processes.

Second, social media gives people a platform to act as watchdogs and demand accountability

from the government. This obligation to play a proactive role in the propagation of political

news, appeals for greater engagement, and the enshrinement of democratic norms was first

placed on the mass media. However, this was not the case because of the aristocratic and

corporate structure of traditional media65. The public sphere was taken over by these

programmes, which put commercial and politicising interests ahead of public interest. Social

media, which redefined communication, promoted social networking, broke the monopoly of

6572
Comfort Ene Obaje, Faith Ofure Ebunuwele, ‘Broadcast Funding and Programming Consequences in
Nigeria Deregulated Broadcast Industry’ KIU Journal of Humanities(2021) 6(4): 59-68
media production and distribution, and mobilised the populace in the democratic process,

became the solution to this requirement.

In Nigeria, one instance when social media actively served as a watchdog was during the

elections of 2023, when results from voting places were shared by voters on social media to

help the Independent National Electoral Commission be held accountable.

Thirdly, social media has improved participatory democracy. The way that social media has

been adapted to broaden the scope of participatory democracy has allowed for more in-depth

examination of government programmes, which has increased public demand for accountability.

Many Africans, especially Nigerian leaders, are unprepared for this reality, which is why there

are persistent calls for social media control. Voting, running for office, and voicing concerns

about the acts and policies of the government are all examples of participatory democracy in

Nigeria. Some citizens may not be registered to vote, but they can still take part in democracy

by criticising government policies and voicing their opinions on important social problems.

During the "Occupy Nigeria Protest," social media played a significant role in increasing

political participation.”66. Social media played a significant role in the protest there, which was

fighting for the Goodluck Jonathan administration to end fuel subsidies. Along with physically

protesting, citizens also voiced their unhappiness on social media sites like Facebook, Twitter,

and Instagram. The demonstration was a resounding success because the fuel subsidy was

reinstated.

66
‘The Role of Social Media in the #OccupyNigeria Protest’ International Journal of Humanities and
Social Science Invention < http://www.ijhssi.org/papers/v3(9)/Version-2/H0392033039.pdf> accessed
30th June, 2023.
Fourthly, government officials have utilised social media to communicate policies, support

viewpoints, present new legislation, and do a variety of other tasks in addition to helping with

political campaigns and manifesto reading. This explains why there is a significant increase in

government officials using social media to spread their campaigns and rise to political

prominence.

Prior to the 2011 general elections, President Goodluck Jonathan, who was running for

president at the time, built a personal Facebook profile for his campaign and made it public.

This helped popularise the use of social media as a platform for political campaigns across

Nigeria. Most of his supporters, as well as supporters of other candidates, did the same to

establish Group pages to stir up support for him. 67.

Today, candidates must run social media campaigns in order to win the public's support. Social

media was crucial to the #obidient campaign in the 2023 elections, which was considered to be

the eighth-largest twitter campaign worldwide. The young mobilised in significant numbers to

vote for Peter Obi as the presidential candidate, and the candidate garnered enormous traction

and popularity as the people's choice. Even though he lost, his campaign revolutionised

Nigeria's online landscape and helped spread social media democracy there.

Since social media has had such a good impact on democracy, there has been a push for

legislation that will effectively suppress disagreeing voices and keep them from speaking out

again.

Digital activism that has now spread across social media platforms is to blame for the recent

calls for social media regulation. This is not unique to Nigeria because social media has been

67
Prof Okoro, Nnanyelugo, ‘An Appraisal of the Utilisation of Social Media for Political
Communication in the 2011 Nigerian Presidential Election’
actively employed by most contemporary cultures to enhance democracy. Examples include the

2011 Arab Spring, where social media played a significant role in polarising the protest, and the

use of Facebook in Egypt during the 2011 revolution to bring people together and mobilise

them in order to topple President Hosni Mubarak, ending his 30-year authoritarian regime and

rule68.

1. Despite the benefits that have been described above and others that social media has had on

democracy, there are still requests for its control. These demands are being made without

consideration for the harm they will do to democracy and its liberties. These adverse effects

include

2. The use of social media is increasingly favoured for education, employment, business, and

personal expression in Nigeria, to the point where lack of access to and disconnecting from

the internet have been compared to "non-existence." This has made it possible for it to play

important roles in many other areas, including the polarisation of citizen political

engagement. As democratic power rests with the people, any restriction of social media will

have the opposite effect and be harmful to democracy. It will no longer be a fully fledged

democratic society, but rather a society that practises faux democracy when such powers are

not being harnessed.

The relationship between social media and political participation, however, is not entirely clear.

One idea holds that social media acts as a spark for political transformation. This is due to the

ease with which people can now create and communicate their own political beliefs. Social

media thus promotes increased democratisation within states and citizen involvement. Because

of the internet, "people become less passive and, as a result, more engaged observers of social

68
Yash Sharma, ‘Social Media, Democracy and Democratization’
spaces that may become topics for political conversation; they become more engaged

participants in the debates about their observations"69.

Abraham Lincoln, a former US president, defined democracy as a government of the people, by

the people, and for the people. A government that "belongs" to the people is referred to as a

government that is "formed by the people," "formed by the people," and "formed for the

people." A government that is "formed for the people" is a government that was established to

"serve" the interests of the people. Therefore, social media regulation is a mockery of what

democracy is all about. Additionally, it has been proposed that the degree of internet

connectivity can predict how democratic a country will be. In other words, the better the

country's basic communications infrastructure, the more likely it will be that liberties and rights

can be asserted and exercised there.

Absence of a proactive watchdog: In a democratic society, it is crucial to have an independent

body free from any form of authority to offer constructive criticism. In order to hold our leaders

accountable and responsible to the public, the watchdog function of the press was established.

This is a crucial role because it gives the media the ability to checkmate government actions

with the primary goal of promoting good governance.70. Section 22 of Nigeria's 1999

constitution serves as the foundation for this press function. "The press, radio, television, and

other agencies of the mass media shall at all times be free to uphold the fundamental objectives

69
Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom
(Yale University Press, 2006) 11
70
Benedict Obiora Agbo, Okechukwu Chukwuma, ‘Influence of the New Media on the Watchdog Role
of the Press in Nigeria’.
https://www.researchgate.net/publication/330096144_Influence_of_the_New_Media_on_the_Watchdog
_Role_of_the_Press_in_Nigeria accessed 30th June, 2023.
contained in this chapter and uphold the responsibility and accountability of government to the

people," the section clearly states.”71

However, the press's function as a watchdog has diminished as a result of its excessive

commercialization. The task was subsequently taken over by social media, which has excelled

at doing it in a consistent and effective manner. Its function as a watchdog extends from holding

officials accountable for their actions while they are "in office" to acting as a mechanism for

preventing and looking into claims of violations or malpractice. 72. This has successfully

intimidated the political class into drastically reducing disobedience.

Without mentioning the significant role the media played in the recently held elections, where

voters at the various polling places used social media to record results even before they were

officially announced in order to prevent result tampering and electoral fraud, the watchdog role

of social media would not be complete. Additionally, electorates received all the information

they required to make informed decisions and hold institutions and officials accountable.

Due to social media's role as a watchdog, it is now taken into account when making decisions

that have a large-scale impact. Therefore, regulating social media is an effort to get rid of a

watchdog that could hold the government responsible. An unregulated social media will lead to

anarchy in society, according to a Nigerian minister, but in my opinion, regulating social media

will lead to anarchy in government that yields absolute power and supremacy. According to

Chinese communist leader Mao Tse Tung, "Political power grows out of the barrel of a gun," so

that is actually what we should be afraid of."73.

71
Section 22 of the 1999 constitution of the Federal Republic of Nigeria.
72
Ace Projects, ‘Media and Elections’ https://aceproject.org/aceen/topics/me/introduction/me10/me10d
accessed 1st July, 2023.
73
"Problems of War and Strategy" (November 6, 1938), Selected Works, Vol. II, p. 224.
3. Lack of an authentic and liberal Source for Political Information: 1. The speed at which

news and information are spread is one way that social media has altered governmental

issues. Online news has filled the void left by traditional news sources, which required

people to wait for newspapers or TV news to get the most recent information.

4. Additionally, because the National Broadcasting Commission acts as a gatekeeper, the news

reported by traditional media outlets was scrutinised. Nowadays, social media has made

such bureaucracy obsolete by promptly reporting news and events. However, because it

frequently lacks verifiable sources, the veracity of this news can occasionally be questioned.

However, news about incidents is posted online by witnesses.

5. 1. During the 2023 election, for example, social media was widely regarded as a major source of

information because voters used these platforms to broadcast the results from the polls well in

advance of when most news outlets would have done so.

6. There are countless ways that social media regulation will impact democracy. This is related to

the way that social media has evolved to become the centre of modern democracy. Therefore,

social media regulation in a democracy poses a serious threat to the continuation of true

democracy and instead creates space for phoney democracy.

Social Media Regulation and Autocratization in Nigeria

Autocratization, also known as democratic backsliding, is the process by which a nation drifts

away from the ideal of democracy and towards autocracy. Freedom of speech and media

independence are currently being restricted globally. They frequently target the media as well.

All of this has caused democracy to gradually but noticeably decline and authoritarianism to

subsequently rise. According to the V-Dem Report, autocratization typically follows a pattern in

which the dominant government first targets the media and civil societies before dividing the
populace by demeaning rivals and disseminating false information to sabotage elections. 74.

These variables include the frequency with which social media platforms are actually shut

down, the extent to which the government can regulate online content, and the freedom of

expression index. The government monitors and controls online content using institutions and

resources. First of all, the government's strategy for policing online content demonstrates a

significant commitment of governmental institutions and resources to monitoring and regulating

online content. This indicates that the Nigerian government would prefer to maintain control

over online spaces rather than transferring the regulatory burden to private actors like Internet

service providers. This tactic might tighten restrictions on online communication and might

lessen the freedom of expression available online.

74
V Dem Institute, ‘Democracy Report 2023: Defiance in the Face of Autocratization’
< https://www.v-dem.net/publications/democracy-reports/> accessed on the 30th of June, 2023.
 Chapter 4

ATTEMPTS AT SOCIAL MEDIA REGULATION IN OTHER COUNTRIES AND ITS

IMPACT

4.1 Egypt

As the most populous and politically influential nation in the Arab world, Egypt has historically

led the region in media, politics, and cultures. Egypt has social media regulation mechanisms in

place, just like the majority of Arab nations. But unlike most other nations, Egypt has very strict

social media laws that carry severe penalties for breaking them. All of this began in 2011,

following the Arab spring, which was a wave of armed uprisings, protests, and rebellions

against the governments that swept through much of the Arab world in early 2010. During these

protests, social media played a significant role as a tool for collective activism because it

allowed people in regions affected by "the Arab Uprisings" to form a powerful coalition and

polarise. Egypt was among the few nations that did not practise democracy prior to the Arab

spring in 2011. For more than three decades, there had rather been under the siege of a

repressive government. As a result, the Egyptian economy gradually declined. This was due to

the rapid decline in tourism, which was their main source of income. Furthermore, a sizable

portion of the land and a large portion of the Egyptian economy were owned by the

government. Many Egyptians were upset about this because it only helped a small group of

privileged individuals while denying resources and other opportunities for advancement to the

underprivileged and poor. This, along with a number of other factors, contributed to the current

wave of uprisings.

The fallout from the Arab Spring had the advantage of sparking a discussion about social

media's role in the revolution and how to control it. Social media, according to the government,
was unquestionably a powerful tool for accelerating revolution. The Supreme Council for

Media Regulation ("SCMR"), also known as the "Media Law," was one of several strict media

laws and organisations that were created as a result of the 2011 and 2013 revolutions..75

In April 2017, the Supreme Council for Media Regulation was established. They were given the

authority to manage the operations of the print and digital media, and they accomplished this

using a variety of techniques. This includes blocking websites, prosecuting platforms and

people for offences like "inciting people to break the law" and "defaming individuals and

religions," treating social media accounts and blogs with more than 5,000 followers as media

outlets that must have gatekeepers and be subject to legal action for breaking the law, and

forbidding the creation and operation of websites and social media platforms..

The Anti-Cyber and Information Technology Crimes Law, which was implemented in 2018 to

specifically target bloggers, social media communities, and media organisations, is another law

that was passed. This law established the investigative authorities to block websites when they

believe their content to be criminal, a threat to national security, or to the security and economy

of the nation.

The laws in Egypt that regulate media activities are notable not only for their ambiguity

regarding the rights of media organisations and citizens, but also for their outspoken views on

the restrictions that should be placed on these nonexistent rights. The freedoms of the press,

expression, and assembly are criminalised, and those who violate them face severe penalties.

These laws clearly go against and seriously violate them.

75
Egypt: The New Press And Media Regulation Era In Egypt (22 May 2020) by Mohamed Hashish
https://www.synergiafoundation.org/insights/analyses-assessments/egypt-regulates-social-media
Despite being viewed by the rest of the world as authoritarian, the Egyptian government

typically defends these various laws and policies as anti-terrorist measures necessary to combat

instability and protect the Egyptian state. As a result, during their administrations, various

Egyptian presidents have implemented measures to further regulate both traditional and social

media platforms. For instance, after assuming power in 1956, President Nasser nationalised the

media, ending press freedom. Following that, the next leader, Sadat, kept a monopoly on the

ownership of private radio and television, and he subsequently began to enact strict laws in the

media sectors. Then, as a result of Mubarak's conflicted views on the media, journalists had to

work in a hazardous environment under an emergency law that gave the security forces

extensive authority.

Since its implementation, journalists have continued to face intimidation and threats as the

media landscape has shrunk as a result of the closure of 554 privately owned newspapers, the

blacklisting of media websites like al-Jazeera, and the imprisonment of three of their journalists

for nearly seven years.

The Egyptian law encourages excessive government control over both categories of media

outlets as well as legal harassment that directly targets media workers as a means of

intimidation. Some journalists claim that because of harsh laws and the risks associated with

criticising governmental institutions, they are compelled to report with partiality because most

of them fear being persecuted.76. Over the course of the past year, Egypt imprisoned nearly

hundreds of journalists and subjected them to direct legal arbitrary dismissal, detention, and

76
Miral Sabry AlAshry, ‘A critical assessment of the impact of Egyptian laws on information access and
dissemination by journalists’ <https://www.tandfonline.com/doi/full/10.1080/23311983.2022.2115243>
accessed on the 15th of July, 2023
outright bans. According to Reporters Without Borders, Egypt is second only to China in terms

of the size of its prisons for journalists.

The effects of Egypt's social media laws include

Rapid Decline in the Egyptian Tourism Sector: Ancient Egyptian monuments like the

Egyptian Pyramid made Egypt a popular tourist destination in the past. However, the number of

tourists decreased significantly as a result of the strict media and social media regulations that

were implemented. When Tayo Aina, a well-known YouTube creator, made a video about

touring Egypt as a tourist, it was clear how negatively these regulations affected travellers. They

forbade flying drones, making impromptu videos with a camera, and prohibiting filming in

many public spaces. Additionally, Egyptian law allows for the prosecution of foreigners who

break the law, which has made tourists more nervous.

Has Aided in the practice of Pseudo Democracy: Even though Egypt's dictatorship was over,

the people there were still accustomed to the previous form of government. This persisted

despite the West's numerous attempts in recent decades to improve Egypt and its ideas of

democracy.77. Due to the strict procedures and regulations that the government is enforcing, the

Egyptian concept of democracy is still flawed today. These laws disregard citizens' human

rights, but Egyptians have adopted them as a way of life, making them the main platform and

outlet for a developing young and educated population.

Lack of an active means of communication and information: Due to Egypt's strict media

regulations, it is well known that there aren't many first-hand reports on the country's events, but

77
Menat Bahnasy, ‘Democracy in Egypt: A Paradigm of Western Imperialism’ Havard Political Review
(April 29, 2022)
the extent of this was unknown. However, as I was conducting this research, I became aware of

how severe this was due to the dearth of materials and writings from journalists and Egyptians

with firsthand knowledge of events. The majority of the materials were reports from distant

sources by individuals. As a result, the veracity of such reports is seriously disputed. This is one

of the unfavourable outcomes of Egypt's social media laws given how popular social media has

become as a tool for communication.

4.2 Social Media Regulation in Russia and its Effects

It is impossible to discuss social media laws in Russia without mentioning the conflict between

Russia and Ukraine. This is due to the fact that social media played a significant role in

organising public protests during the war, which led to the majority of the strict regulations that

are currently in place on social media platforms. Let's first take a quick look at Russia's social

media laws before the Russian-Ukrainian war.

Social media sites were quickly being actively used in Russia for information searches,

organising protests, and information dissemination. After fifteen years, the spread of social

media networks and the rising popularity of blogging gave rise to an army of people with the

power to control and alter the public agenda online.

Long before it became commonplace, Russia was one of the nations that imposed strict controls

on its media landscape. The Arab Spring Protests of 2011, a string of demonstrations among

Arab nations that began and spread on social media, are considered the origin of social media

regulation in Russia. As a result, a number of nations, including Russia, attempted to stop the
occurrence of a similar protest in the future by controlling the dissemination of information on

its media landscape.

Following the Arab Spring, academics and researchers paid a lot of attention to social media's

role in polarising protest. With the 2011 State Duma elections in Russia, which led to

widespread protests against electoral fraud and again made use of social media as a tool, the

calls for social media regulations also increased. The aforementioned incidents prompted the

government to launch a campaign to restrict online freedom. A prohibited web sites registry was

established as a result of the law on extrajudicial web site blocking, which was passed in 2012. 78

Regulating media platforms and outright banning them have gained prominence, though, in

light of the recent Russian-Ukrainian war that has captured the attention of the entire world.

This conflict has been referred to as the first "social media war" in its fullest sense because it

has taken over headlines, flooded professional commentary with analysis, and dominated social
79
media. . In order to inform people about the effects and experiences of the war while

requesting outside support and assistance, social media is a useful tool for Ukraine. However,

for Russia, social media is yet another platform through which the "fog of war" must be created.

According to reports, social media only serves to refute and invert the story abroad while

stifling and sanitising it at home80. In order to inform people about the effects and experiences

of the war while requesting outside support and assistance, social media is a useful tool for

Ukraine. However, for Russia, social media is yet another platform through which the "fog of

war" must be created. According to reports, social media only serves to refute and invert the

78
Nikita Savin, Olga Solovyeva, ‘Social media in Russia’
< https://www.researchgate.net/publication/351229919_Social_media_in_Russia> accessed on 20th June,
2023.
79
ibid
80
Dan Ciuriak, ‘Social Media Warfare Is Being Invented in Ukraine’
story abroad while stifling and sanitising it at home. Russia is effectively manipulating the

social media narrative to claim that no property was damaged, no one was killed, and the entire

conflict is a fabrication. They maintain that Ukraine staged the destruction and deaths captured

on camera by local and foreign journalists as a "provocation" to malign Russia. As a result,

there have been more protests and laws passed to control social media because they have

influenced calls for participation in unofficial demonstrations and the spread of rumours about

police brutality at these events. This strategy was also used during the Kosovo conflict, when

NATO nations targeted Serb media organisations that disseminated official propaganda. This

was as a result of the discovery that unrestricted access to the Internet.81

Russian authorities have consequently increased pressure on social media companies, requiring

them to censor materials that the government deems to be illegal and enforcing warnings, fines,

and even blockings for noncompliance. A Russian court then imposed a ban on Meta, the parent

company of Facebook and Instagram, for "extremist activities" on March 21. Russian creators

are restricted on other platforms like Tiktok and YouTube. Due to this, many Russians are now

using virtual private networks to get around restrictions and access blocked social media and

news websites. 82

1. Russian authorities have consequently increased pressure on social media companies,

requiring them to censor materials that the government deems to be illegal and enforcing

warnings, fines, and even blockings for noncompliance. A Russian court then imposed a

ban on Meta, the parent company of Facebook and Instagram, for "extremist activities"

81
James Rubin, US State Department spokesperson, quoted in David Briscoe, ‘Kosovo-Propaganda
War’, Associated Press, 17 May 1999
82
Shannon Bond, Bobby Allyn, ‘Russia is restricting social media. Here's what we know’, accessed on
1st of July, 2023.
 on March 21. Russian creators are restricted on other platforms like Tiktok and

YouTube. Due to this, many Russians are now using virtual private networks to get

around restrictions and access blocked social media and news websites.

2. Suppression of democracy and its activities: 1. As was already mentioned, since the

start of the Russian-Ukrainian war, democratic activities in Russia have been at a

standstill. This is in contrast to the former Russia, which started the transition to

democracy after leaving the rubble of the Soviet Union in 1991. The country's autocratic

past has been resurrected under the leadership of current president Putin, shattering the

dreams of the then-Russian president to create a powerful, democratic Russia.

Opposition leaders have been forced into silence, legislatures and courts at all levels

have lost any remaining freedom, and elections are neither free nor fair. The question

that arises is what will happen to Russian democracy in the future. the absence of an

autonomous and independent media

3. Reduction in Social Media Generated Income: 1. Social media has evolved over time

from being just a communication tool to becoming a major source of income for the

general public. We all know how crucial social media is for connecting with customers

and spreading the word about your company, but it's also possible to earn money there.

Social media sites like Facebook, Tiktok, and Youtube all provide ways for content

creators to make money from their uploaded works. This is not the case for Russian

content creators, however, as the war has prevented them from making money off their

content on YouTube, tiktok, or Facebook, all of which are owned by Meta.

4.3 Social Media Regulation in the United Kingdom

Social media is largely despised and feared by the public as a result of the approaches that most

nations have taken to regulating it. As a result, the phenomenon of social media regulation is

now conveniently linked to tyranny, abuse, and human rights violations. However, the measures

included in the Online Safety Bill, one of the most significant new laws intended to impose

checks and balances on the social media industry, have pleaded with us to defer to them.

The Online Safety Bill, a draught of which was released on May 12, 2021, is a proposed Act of

the UK Parliament aimed at enhancing internet safety. The bill gives the Secretary of State the

power to deal with a variety of potentially harmful content, such as online trolling, harassment,

illegal pornography, underage access to legal pornography, and internet fraud, subject to

parliamentary approval. This law, which was deftly written, attempts to strike a balance

between preserving free speech and shielding internet users from harmful content 83. Although

seriously flawed, these regulations take a very realistic approach and treat media platforms like

a sector of the economy that must adhere to rules and regulations in order to function properly.

Due to this, social media laws in the United Kingdom differ significantly from those in other

nations like Russia, Egypt, North Korea, etc. The UK has imposed a duty of care on social

media platforms like Twitter and tiktok to reduce bullying, stalking, harassment, and a number

of other vices, while other nations have implemented laws regulating social media without

regard for the fundamental human rights of their citizens. Sanctions may be imposed for

violating this duty of care. A comprehensive proposal to cast a regulatory net around social

media companies and search engines while preserving their function as the new public sphere
83
Parmy Olson, ‘The UK Could Finally Make Social Media a Safer Place’ |Bloomberg| /the Washington
post| accessed on the 1st of July, 2023.
has been made by the British Parliament. These laws have been specifically designed to take

into account the unique needs, characteristics, and users of these media platforms. This has

made it easier for these regulations to be implemented correctly without too much opposition

and agitation from her citizens.

Another distinctive feature of social media regulation in the UK is that it actively protects and

upholds human rights in addition to not violating them. The government passed laws to

"safeguard for freedom of expression" in order to achieve this.

These social media regulation policies, which the UK has adopted, are thought to be

exemplary enough to serve as a model for American policymakers juggling opportunities and

challenges related to similar regulations. This comprehensive proposal contains a wealth of

information, including obligations for handling illegal content, particular responsibilities for

child protection, exceptions for privileged content from content moderation rules, obligations

regarding deceptive advertising, and identity verification rules.

A move to regulate social media, however, cannot be entirely free from opposition and

criticism, as the bill has received much criticism for effectively introducing a new form of

speech censorship and impeding human rights.84

84
Karen Gilchrist, ‘Britain tempers controversial plans to make Big Tech remove harmful content’
Published Tue, Nov 29 2022 https://www.cnbc.com/2022/11/29/uk-online-safety-bill-tech-giants-not-
forced-to-remove-harmful-content.html accessed 2nd July, 2023.
4.5 North Korea

North Korea, also known as the Democratic People's Republic of Korea or "The Hermit

Kingdom," is currently the most distant and uninhabited country on the planet. For more than 50

years, its people have been subject to the autocratic rule of the Kim family, the only dynastic

communist government in the world. The country is very militarised, very idealistic, and always

seems on the verge of starting a new war in the region. All of this ought to provide a brief

overview of the state of North Korean media.

85
The North Korean media is among the world's most tightly regulated and heavily censored.

by a variety of stats. a Reporters Without Borders 2022 publication 86 North Korea is ranked at

the bottom of the list with a position of 180 out of the 180 countries examined, according to the

countries with Press Freedom Index from 2002 through 2006, 2017, 2018 and 2020. This is due

to the fact that the North Korean government owns all media companies that are active in the

nation and thus maintains an authoritarian grip over those platforms. Because of this

monopolistic tendency, the media is blatantly propagandistic because all news is part of a larger

effort to stifle access to the outside world and create a cult of personality centred on Kim Jong-

un, the country's Supreme Leader. Access to social media and the internet is identical to North

Korean media access. This explains why Julien Pain, head of the Internet Desk at Reporters

Without Borders, ranked it as the worst Internet black hole in the world in its ranking of the top

13 online adversaries in 200687. Only a small number of senior officials are allowed access to

85
‘North Korea's tightly controlled media’ BBC News (19 December 2011)
https://www.bbc.com/news/world-asia-pacific-16255126 accessed 2nd July, 2023.
86
Reporters Without Borders Index Analysis 2023, https://rsf.org/en/index accessed 3rd July, 2023.
87
Reporters Without Borders, ‘List of the 13 Internet enemies’
.https://web.archive.org/web/20080102084750/http://www.rsf.org/article.php3?id_article=19603
accessed 5th July, 2023.
the internet, and they do so through connections that they rent from China. Because the

country's domain name has still not been made public, the few websites the North Korean

government has created are hosted on servers in South Korea or Japan. Contrary to rumours,

this is not because North Korea is experiencing financial hardships because it is still able to

produce nuclear warheads.

All of the aforementioned factors have made it difficult and even impossible to access news and

information about the nation. The majority of information about North Korea found online is

written by North Korean journalists known as defectors who have applied for asylum in South

Korea. Through a network known as "kwangmyong," the government strictly controls access to

the internet.88. In North Korea, using the 'kwangmyong' service is completely free for everyone.

However, it is completely cut off from the global internet and only supports 5,500 websites.

North Korea's lack of internet access has had a significant negative effect on all facets of the

country's economy.

88
Erdem Guven, ‘Internet and Journalism in North Korea: Strict Media Control in the Globalization Era’
https://www.academia.edu/70873686/Internet_and_Journalism_in_North_Korea_Strict_Media_Control_
in_the_Globalization_Era accessed 7th July, 2023.
 Chapter 5

Summary of Findings

The study project titled "Social Media Regulation in Nigeria: an Attack on Freedom of

Expression" was conducted in an effort to highlight the negative effects that social media

regulation will have on the general public's access to human rights. The majority of this work

was completed by dissecting existing literature from books, journals, case studies, statute

documents textbooks, and other sources utilising the doctrinal research approach. Therefore, it

is not surprising that some discoveries are eye-opening for Nigeria as a country were the

offspring of this work. A few of these revelations are as follows: First, the government has not

provided a convincing argument for why social media should be regulated. This lends strong

support to public suppositions and opinions that the Federal government's numerous attempts at

social media regulation are not working to advance the interests of the nation as claimed.

Instead, it's an attempt to effectively control the narratives that people are spreading on social

media, similar to how North Korea and Russia do it. The events at the Lekki toll gate during the

ENDSARS protest, where the government made several attempts to control the narrative of its

role in the shooting of unarmed protesters, have further supported this point.

Second, there will be a significant psychological impact on the universality of peoples' human

rights as a result of social media regulation. This is due to the fact that over time, human rights

has hailed itself as being supreme and essential, with the government leading the charge in

promoting and upholding that narrative. Therefore, it is disgraceful for the same organisation

tasked with upholding human rights to be seen openly depriving an entire nation of its human

rights for personal gain.

 Recommendations

The regulation of social media is neither important nor necessary in a democracy like Nigeria.

This is because it restricts free speech, and if a government does not guarantee free speech, it is

seen as a failure of the democratic ethos89. However, if there is a good reason to regulate social

media, it must be done correctly. In order to prevent a flagrant violation of human rights, it must

be done properly, which calls for the application of the appropriate policies and procedures.

Because the interests of the majority are what matter most in a democratic society, it must also

be done with their best interests in mind.

The fact that social media is regarded as one of the very few decentralised platforms that the

government lacks control over is another factor in the Nigerian government's ongoing failure to

enact legislation to regulate social media. In order for the government to achieve such success.

A look at the strategies used by the UK to advance this cause also provides a blueprint for how

social media can be properly regulated without violating citizens' human rights. This entails

establishing guidelines for the types of contents that the social media platform permits its users

to post, as opposed to enacting illogical regulations that try to control the behaviour and

contents of the users. In other words, it regulates the platforms rather than the users. This is not

to say that there won't be any opposition, but there will be much less of it.

Sensitization campaigns are another step the government can take to regulate social media in a

way that complies with human rights principles. Citizens must be made aware of the proper use

of social media as well as the laws that can be broken if it is used improperly. One such law is

the law against defamation, which can take the form of spoken or written words that falsely
89
Tsegyu Santas, Kelvin Inobemhe, ‘Social Media Regulation in a Democratic Nigeria: Challenges and
Implication’
https://www.researchgate.net/publication/353429624_Social_Media_Regulation_in_a_Democratic_Nige
ria_Challenges_and_Implication accessed 20th July, 2023.
state a fact (slander). When people are properly informed about the penalties that can be

imposed if they are found guilty of such offences, the frequency of such law violations

decreases. as opposed to control through direct government intervention in the affairs

Conclusion

The idea of social media regulation is unnecessary because it is just a strategy the government

has used to seize control of the media and stifle free speech. This is not to say that there aren't

risks or dangers involved with using an unregulated social media, but that most people are

willing to take a chance in exchange for an online voice.

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