AN EXAMINATION OF THE RIGHT TO FREEDOM OF EXPRESSION IN DIGITAL ERA:

PROTECTION FOR ONLINE CONTENT CREATORS

CHAPTERISATION
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background of Study
1.2 Statement of the Problem
1.3 Research Questions
1.3 Aim and Objectives of the Study
1.4 Significance of the Study
1.5 Research Methodology
1.6 Scope of the Study
1.7 Literature Review
1.8 Definition Terms
1.9 Synopsis of Chapters
CHAPTER TWO: CONCEPTUAL CLARIFICATION AND HISTORICAL DEVELOPMENT
CONCEPTUAL ANALYSIS
2.1 Conceptual Clarification
2.1.1 Concept of Freedom of Information
2.1.2 Concept of Right of Information
2.1.3 Concept of Digital Media
2.1.4 Concept of Content Creators
2.1.5 Concept Freedom of Expression in the Digital Era
2.2 Historical Development of Freedom of Expression

CHAPTER THREE LEGAL REGIME AND INSTITUTIONAL FRAMEWORKS FOR THE

PROTECTION OF FREEDOM OF EXPRESSION IN NIGERIA
3.1 Legal Regimes
3.1.1 The Constitution of the Federal Republic of Nigeria 1999
3.1.2 The Freedom of Information Act 2011
3.1.3 Nigeria Press Council Act
3.1.4 Copyright Act 2022
3.1.5 Cyber Security Bill 2011
3.1.6 Data Protection Act 2023
3.2 Institutional Framework
3.2.1 Nigerian Copyright Commission (NCC)
3.2.2 National Film and Video Censors Board (NFVCB):
3.2.3 Nigerian Communications Commission (NCC)
3.2.4 The Court
CHAPTER FOUR: PROTECTION MECHANISMS FOR ONLINE DIGITAL CONTENT
CREATORS
4.1 The Digital Era and Online Content Creation
4.2 Job Opportunities for Content Producers
4.3 Digitalization, Digital Technologies and other Media Adjuncts
4.4 Rights of Content Creators
4.5 Digital Censorship and Control
4.6 On-line publication and law of defamation
4.7 Legal Limitation of Content Creation
4.7.1 Sedition
4.7.2 Liable
4.8 Challenges of the Protection of Content Creators
CHAPTER FIVE: CONCLUSION
5.1 Summary of Findings
5.2 Conclusion
5.3 Recommendations
Bibliography
 CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of Study

The right to freedom of expression is a fundamental human right that is essential for the functioning of a

democratic society.1 It allows people to express their opinions, beliefs, and ideas without fear of

censorship, discrimination, or retaliation. Freedom of expression also enables the exchange of information

and ideas, which fosters public debate, social participation, and accountability. 2 However, the right to

freedom of expression is not absolute and may be subject to certain limitations, such as those necessary to

protect the rights and reputations of others, national security, public order, or public health and morals.

These limitations must be prescribed by law, pursue a legitimate aim, and be necessary and proportionate

in a democratic society.3

The advent of the digital era has posed new challenges and opportunities for the exercise and protection

of the right to freedom of expression. The internet and social media platforms have enabled

unprecedented access to information and communication, as well as the emergence of new forms of

expression, such as online content creation. Online content creators are individuals or groups who

produce and share original or curated content on the internet, such as blogs, podcasts, videos, or memes.

Online content creation can be a source of income, entertainment, education, or social activism for many

people around the world.4 Thus, internet is regarded as an important issue that shapes free expression in

today’s volatile nature of human rights world. 5 Nonetheless, authoritarian governments in the world

always attempt to undermine political and social movement through the complete shutdown of the

Internet or providing partial access to it. It is also found that the restrictions on freedom of expression on

1
United Nations, Universal Declaration of Human Rights, (1948) < https://www.un.org/en/universal-declaration-
human-rights/> accessed 4 November 2023
2
UNESCO, UNESCO and freedom of expression, (2019) < https://en.unesco.org/themes/fostering-freedom-
expression> accessed 4 November 2023
3
UN Human Rights Committee, ‘General comment No. 34: Article 19: Freedoms of opinion and expression’,
(2011) < https://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf> accessed 4 November 2023
4
J. Burgess, and J. Green, YouTube: Online video and participatory culture (2nd ed. Polity Press, 2018)
5
M.N.Momen, ‘Myth and reality of freedom of expression on the Internet’, (2020) (43) (3) International Journal of
Public Administration, 277–281.< https://doi.org/10.1080/01900692.2019.1628055.> accessed 4 November 2023.
the Internet are through surveillance and monitoring the online activities. In response to any kind of

political and social movement, authoritarian governments across the border occasionally shut down many

websites, along with the arrest of several anti-government bloggers and political activists. 6

More so, online content creators may also face various threats and restrictions to their freedom of

expression, such as censorship, surveillance, harassment, defamation, or legal liability. These threats and

restrictions may come from different actors, such as states, corporations, or individuals, and may have

different motives, such as political, economic, or ideological. Online content creators may also encounter

ethical dilemmas, such as how to balance their creative freedom with their social responsibility, or how to

respect the rights and interests of others, such as intellectual property, privacy, or dignity. 7 Therefore, it is

important to examine the right to freedom of expression in the digital era, and how it applies to online

content creators.

1.2 Statement of the Problem

The right to freedom of expression is a fundamental human right that enables people to express their

opinions, beliefs, and ideas without fear of censorship, discrimination, or retaliation. However, this right

is not absolute and may be subject to certain limitations that are necessary and proportionate in a

democratic society.

The digital era has brought new opportunities and challenges for the exercise and protection of the right to

freedom of expression. Online content creation is one of the emerging forms of expression that involves

producing and sharing original or curated content on the internet, such as blogs, podcasts, videos, or

memes. Online content creation can have various purposes and impacts, such as income, entertainment,

education, or social activism.

6
M.N. Momen, ‘Freedom of expression in the Digital Age: Internet Censorship’, In: Romaniuk, S., Thapa, M.,
Marton, P. (eds), The Palgrave Encyclopedia of Global Security Studies, (Palgrave Macmillan, Cham., 2019). <
https://doi.org/10.1007/978-3-319-74336-3_31-1.> accessed 4 November 2023.
7
J. van Dijck, and T. Poell, and M. de Waal, The platform society: Public values in a connective world, (Oxford
University Press, 2018)
However, online content creators may also face various threats and restrictions to their freedom of

expression, such as censorship, surveillance, harassment, defamation, or legal liability. These threats and

restrictions may come from different actors, such as states, corporations, or individuals, and may have

different motives, such as political, economic, or ideological. Online content creators may also encounter

ethical dilemmas, such as how to balance their creative freedom with their social responsibility, or how to

respect the rights and interests of others, such as intellectual property, privacy, or dignity.

Therefore, the problem that this study seeks to address is: How can the right to freedom of expression of

online content creators be effectively protected and promoted in the digital era? This problem is

significant because it affects the rights and interests of millions of people who engage in online content

creation, as well as the quality and diversity of information and ideas available on the internet. This

problem also fills a gap in the existing literature, as there is a lack of comprehensive and comparative

analysis of the legal and ethical issues related to online content creation and freedom of expression.

1.3 Research Questions

Consequent upon these problems, the researcher poised the following research questions:

i. What extent do online content creators assert their right of freedom of expression?

ii. What are the legal frameworks that regulates the rights to freedom of expression of online

content creators?

iii. What are the challenges in excersing and protecting the right to freedom of expression of

online content creators?

iv. What are the best practices for online content creators to ensure the promotion of the right of

freedom of expression?

1.3 Aim and Objectives of the Study

The aim of this study is to examine the right to freedom of expression in the digital era, and how it applies

to online content creators. This study will explore the challenges and opportunities, the legal and ethical

issues, and the best practices and recommendations for online content creators and other stakeholders in

relation to the right to freedom of expression. However, the study will meet the following objectives:

i. Assess the extent to which online content creators assert their right to freedom of expression.

ii. Examine the legal frameworks that regulate the rights to freedom of expression for online

content creators.

iii. Identify the challenges involved in exercising and safeguarding the right to freedom of

expression for online content creators.

iv. Explore best practices for online content creators to promote and protect the right to freedom

of expression.

1.4 Significance of the Study

This study has theoretical significance as it examines the right to freedom of expression in the digital era,

and how it applies to online content creators. It explores the main challenges and opportunities, the legal

and ethical issues, and the best practices and recommendations for online content creators and other

stakeholders in relation to this right. By doing so, this study advances the understanding of the concept

and scope of the right to freedom of expression in the context of the internet and social media platforms,

and how it interacts with other rights and interests, such as intellectual property, privacy, or dignity.

This study has practical significance as it provides useful information and guidance for online content

creators and other stakeholders who are interested or involved in this field. It identifies and evaluates the

best practices and recommendations for online content creators, states, and other stakeholders to ensure

the respect and promotion of the right to freedom of expression in the digital era. It also offers potential

solutions or strategies to address the threats and restrictions to the freedom of expression of online content

creators, such as censorship, surveillance, harassment, defamation, or legal liability. By doing so, this
study aims to enhance the quality and diversity of information and ideas available on the internet, and to

foster a more open, inclusive, and democratic online environment.

This study has social or cultural significance as it raises awareness and advocacy on the importance and

challenges of the right to freedom of expression for online content creators. It also encourages dialogue

and cooperation among different actors, such as states, corporations, or individuals, to address the issues

and opportunities in this area. By doing so, this study hopes to promote the recognition and protection of

the rights and interests of online content creators, as well as the values and principles of freedom of

expression, in the digital era.

This study has significance for future research as it opens up new areas of investigation, provides new

research methodologies, or proposes new hypotheses that need to be tested. It also suggests possible

limitations or gaps that need to be addressed by future studies. By doing so, this study contributes to the

development and expansion of the research field of human rights and online content creation in the digital

era.

1.5 Research Methodology

For this research, the doctrinal research methodology was used. Both primary and secondary sources of

data were utilized. The primary data included national instruments such as the Constitution of the Federal

Republic of Nigeria 1999, the Freedom of Information Act 2011, Nigeria Press Council Act, Copyright

Act 2022, Cyber Security Bill 2011, Data Protection Act 2023, and other legislation and policies. It also

included case law related to freedom of expression in Nigeria. The secondary sources included textbooks,

literature found on the internet, and scholarly articles from journals

1.6 Scope of the Study

The scope of the study is to examine the right to freedom of expression in the digital era, and how it

applies to online content creators. The study will examine online content creators and experts from other

countries to gain insights and perspectives on the topic. However, the study will not be able to generalize
the findings and recommendations to other countries or contexts, as the legal and ethical issues related to

online content creation and freedom of expression may vary depending on the political, economic, and

cultural factors.

1.7 Literature Review

A number of works on freedom of expression in Nigeria have been published both locally and

internationally; however, there is a lack of particular coverage of analyzing the freedom of expression as

it relates to the right of content creators. To fill some of the gaps in the available literature, it is necessary

to offer a brief review of some of the extant works on freedom of expression in Nigeria.

Benedek and Kettemann8 explore the impact of the internet on free expression and how it can be

effectively secured online. They also analyze how international human rights standards and national legal

frameworks regulate the right to freedom of expression of online content creators in different countries.

The scope of this book is broad and comprehensive, as it covers various aspects and dimensions of the

right to freedom of expression in the digital era. However, the shortcoming of this book is that it does not

focus specifically on online content creation as a form of expression, nor does it provide empirical data or

case studies from online content creators themselves. This study will examine the right to freedom of

expression of online content creators in more depth and detail.

Burgess and Green9 examine the cultural, social, and economic implications of YouTube as a platform for

online content creation and participation. They also discuss the challenges and opportunities for online

content creators in relation to YouTube’s policies, algorithms, and communities. The scope of this book is

narrow and specific, as it focuses only on YouTube as a case study of online content creation. However,

the shortcoming of this book is that it does not address the legal and ethical issues related to online

content creation and freedom of expression, nor does it compare the situations and experiences of online

8
W. Benedek, and M.C. Kettemann, Freedom of expression and the internet (2nd ed. Council of Europe, 2020).
9
J. Burgess, and J. Green, YouTube: Online video and participatory culture (2nd ed. Polity Press, 2018)
content creators in different countries or contexts. This study will address the legal and ethical issues

related to online content creation and freedom of expression in Nigeria.

Donders and Others10 provide a comprehensive overview of the media policy developments and

challenges in Europe. They cover various topics, such as media freedom, diversity, convergence,

regulation, and governance. They also include case studies from different European countries and regions.

The scope of this book is wide and diverse, as it covers various aspects and dimensions of media policy in

Europe. However, the shortcoming of this book is that it does not focus specifically on online content

creation and freedom of expression, nor does it provide empirical data or case studies from online content

creators themselves. This study will focus specifically on online content creation and freedom of

expression in Nigeria.

van Dijck and Others11 analyze how online platforms shape the social, cultural, and political aspects of

contemporary society. They also examine how platforms affect the public values and interests of online

content creators and users, such as privacy, security, accountability, and democracy. The scope of this

book is broad and comprehensive, as it covers various aspects and dimensions of the platform society.

However, the shortcoming of this book is that it does not focus specifically on online content creation as a

form of expression, nor does it address the legal and ethical issues related to online content creation and

freedom of expression. This study will focus specifically on online content creation and freedom of

expression, and address the legal and ethical issues related to online content creation and freedom of

expression.

Youm and Park12 explore the legal and policy issues related to the internet and the media, such as freedom

of expression, censorship, privacy, intellectual property, and cybercrime. They also compare the

approaches and practices of different countries and regions, such as Asia, Europe, and the Americas. The

10
K. Donders, and C. Pauwels, and J. Loisen, The Palgrave handbook of European media policy, Palgrave
Macmillan, 2014).
11
J. van Dijck, and T. Poell, and M. de Waal, The platform society: Public values in a connective world, (Oxford
University Press, 2018)
12
K.H. Youm, and A. Park, Media law and policy in the internet age, (Bloomsbury Publishing, 2019).
scope of this book is wide and diverse, as it covers various aspects and dimensions of media law and

policy in the internet age. However, the shortcoming of this book is that it does not focus specifically on

online content creation as a form of expression, nor does it provide empirical data or case studies from

online content creators themselves. This study will focus specifically on online content creation and

freedom of expression in Nigeria.

Zekos13 investigates the relationship between intellectual property and human rights, especially the right

to freedom of expression. He also addresses the challenges and conflicts that arise from the protection and

enforcement of intellectual property rights in the digital era. The scope of this book is narrow and

specific, as it focuses only on intellectual property as a case study of the interaction between human rights

and online content creation. However, the shortcoming of this book is that it does not address other legal

and ethical issues related to online content creation and freedom of expression, nor does it compare the

situations and experiences of online content creators in different countries or contexts. This study will

address other legal and ethical issues related to online content creation and freedom of expression in

Nigeria.

Kaye14 examines the role and impact of various actors, such as states, online platforms, civil society, and

international organizations, in shaping the online environment and regulating online speech. It explores

the challenges and dilemmas of balancing freedom of expression, privacy, and security in the digital age.

It also proposes some principles and recommendations for improving the governance of the internet and

protecting human rights online. However, the study does not provide a comprehensive analysis of the

legal and normative frameworks that apply to online speech, such as international human rights law,

national laws, and platform policies. It also does not address the specific issues and contexts of online

content creators, such as their rights, responsibilities, and risks. This current study will fill is this gap by

providing a detailed and comparative study of the legal and normative frameworks that govern online

13
G.I. Zekos, Intellectual property and human rights, (Springer, 2017).
14
D. Kaye, ‘Speech police: The global struggle to govern the internet’, In D. Kaye, Speech police: The global
struggle to govern the internet, (Columbia Global Reports, 2019), 1-18.
speech, with a focus on the protection and promotion of online content creators. It will also examine the

best practices and challenges of self-regulation and co-regulation by online platforms and content

creators, and suggest ways to enhance their accountability and transparency.

Klein15 analyzes the effects of different policy choices, such as intellectual property rights, licensing,

taxation, and subsidies, on the development and sustainability of online business models in the music and

film industries. It uses a scenario-based approach to illustrate how different policy choices can create

different incentives and outcomes for online content creation and distribution. The study however, is

based on a hypothetical and static analysis of policy choices, rather than an empirical and dynamic

analysis of actual policy developments and impacts. The study does not consider the social and cultural

dimensions of online content creation and consumption, such as the diversity, quality, and accessibility of

online content. Thus, this study It will explore the social and cultural implications of online content

creation and consumption vis-à-vis their right of freedom of expression.

McGonagle and Donders16, reviews the jurisprudence of the United Nations Human Rights Committee

(UNHRC) on freedom of expression, focusing on the interpretation and application of Article 19 of the

International Covenant on Civil and Political Rights (ICCPR). It identifies the main trends and challenges

of the UNHRC’s jurisprudence, such as the scope and limitations of freedom of expression, the balancing

of rights and interests, and the adaptation to new technologies and contexts. The study does not assess the

impact and effectiveness of the UNHRC’s jurisprudence on the protection and promotion of freedom of

expression at the national and regional levels. It also does not address the specific challenges and

opportunities of online freedom of expression, such as the role and responsibility of online platforms, the

protection of online privacy, and the prevention of online hate speech and disinformation. This study will

15
B. Klein, Content and control: Assessing the impact of policy choices on potential online business models in the
music and film industries, (Center for Internet & Society, 2010)
16
T. McGonagle, and Y. Donders, ‘The United Nations Human Rights Committee’s jurisprudence on freedom of
expression: Trends and challenges’, (2017) (35) (1) Netherlands Quarterly of Human Rights, 4-25.
therefore examine the specific challenges and opportunities of online freedom of expression, and propose

ways to enhance the UNHRC’s role and capacity in addressing them.

Price17, and Verhulst explores the concept and practice of self-regulation by online actors, such as internet

service providers, online platforms, and online communities. It examines the advantages and

disadvantages of self-regulation, such as its flexibility, responsiveness, and legitimacy, as well as its

accountability, transparency, and consistency. It also analyzes the factors and conditions that influence the

success and failure of self-regulation, such as the legal and regulatory environment, the market and

competitive forces, and the public and stakeholder participation. However, the study is based on a general

and theoretical framework of self-regulation, rather than a specific and empirical analysis of self-

regulation in different sectors and contexts. It also does not address the recent developments and

challenges of self-regulation, such as the emergence of new online actors, the increase of online content

creation and consumption, and the rise of online harms and risks. This study will thus fill this gap by

addressing the recent developments and challenges of self-regulation, and suggest ways to improve the

effectiveness and legitimacy of self-regulation in the internet age.

In the light of the Freedom of Information, Ogbondah 18 wrote on the need for the law. According to him,

the need for the law arises because the 1999 Constitution of Nigeria does not guarantee the press and

members of the public the right to access to government-held information. As a result of the absence of

this type of law, a handsome volume of public affairs conducted in secrecy. Government records and

documents belong to the people, should members of the public not be entitled to have access to their

property?

Ogbondah argues that the lack of constitutional provisions for public access to government-held

information has resulted in a significant amount of public affairs being conducted in secrecy. To him, this

is a significant problem as government records and documents belong to the people, and therefore, the

17
M.E. Price and S.G. Verhulst, Self-regulation and the internet, (Kluwer Law International, 2005)
18
C. W. Ogbondah, State – Press Relationships in Nigeria (1993 – 1998), (Ibadan: Spectrum Books Limited 2003),
128
public should be entitled to have access to them. However, his argument failed to highlight the

importance of the Freedom of Information Act in promoting transparency, accountability, and good

governance in Nigeria. Thus, this study will analyze the impact of the Freedom of Information Act in

Nigeria since its passage. The study will investigate how the Act has been guaranteed the right to freedom

of expression of online content creators.

1.8 Definition Terms

The following key terms are defined based on how they are used in the study, rather than how they are

defined in the dictionary. The key terms in the study are:

Right: A right is a legal, social, or ethical principle of freedom or entitlement that is recognized and

protected by a legal system, a social convention, or an ethical theory. A right is something that one has a

just claim to have or do, or that one is owed by others according to some normative standard. A right can

also be a power or privilege that one is granted or authorized to exercise by a legal or political authority.

In this study, the term right is used to refer to the concept and objective of human rights, especially the

right to freedom of expression, and to evaluate the legal and ethical issues related to online content

creation.

Expression: Expression is the act or process of making known one’s thoughts, feelings, or ideas through

words, actions, symbols, or other forms of communication. Expression is also the product or result of

such an act or process, such as a word, phrase, gesture, image, or sound

Freedom: Freedom is the quality or state of being free, which means having the ability or opportunity to

act, speak, think, or choose without being constrained, limited, or controlled by external forces or agents.

Freedom can also mean being released or liberated from a condition or situation that restricts or oppresses

one’s actions, speech, thoughts, or choices, such as slavery, imprisonment, or persecution.

Online content creators: Individuals or groups who produce and share original or curated content on the

internet, such as blogs, podcasts, videos, or memes. This term is used to refer to the population of interest

in the study, and to identify the participants for the interviews and surveys.

Freedom of expression: The right to express one’s opinions, beliefs, and ideas without fear of

censorship, discrimination, or retaliation. This term is used to refer to the main concept and objective of

the study, and to evaluate the legal and ethical issues related to online content creation.

Digital Era: is a term that refers to the current period of history, in which information and

communication technologies have become pervasive and influential in various aspects of human life. The

digital era is also known as the Information Age, the Computer Age, the Digital Age, the Silicon Age, or

the New Media Age. The digital era began in the mid-20th century, with the development and diffusion of

computers, the internet, and other digital devices and platforms.

1.9 Synopsis of Chapters

This study is divided into five chapters:

In Chapter One, the study's background and significance are outlined, and the research questions, aims,

and objectives are established. The methodology and scope of the study are defined, followed by a

literature review and the clarification of key terms. The chapter concludes with a brief overview of the

subsequent chapters.

Chapter Two delves into conceptual analysis, providing a clear understanding of key concepts related to

freedom of expression and digital media. It explores the historical development of freedom of expression

to provide a contextual framework for the study.

Chapter Three focuses on the legal regime and institutional frameworks in Nigeria that govern freedom of

expression. It delves into legal instruments such as the Nigerian Constitution, the Freedom of Information

Act, the Nigeria Press Council Act, the Copyright Act, the Cyber Security Bill, and the Data Protection
Act. The institutional frameworks, including organizations like the Nigerian Copyright Commission,

National Film and Video Censors Board, Nigerian Communications Commission, and the role of the

court, are also examined.

In Chapter Four, the study explores the protection mechanisms for online digital content creators. It

discusses the opportunities and challenges faced by content creators in the digital era, the rights of content

creators, digital censorship and control, online publication, and the legal limitations affecting content

creation. Specific issues like sedition and libel are examined in detail, along with the challenges content

creators face in safeguarding their work.

Chapter Five provides a summary of the findings from the study and concludes the research by offering

recommendations for enhancing the protection of freedom of expression for online content creators in

Nigeria.