Socio-Economic Rights and Accountability Project (SERAP) has sent an open
letter to President Muhammadu Buhari requesting him to “use your good
offices and leadership position to instruct the military authorities to
immediately end any monitoring of activities of Nigerians on the social
media, and to ensure that military operations comply with Nigerian
Constitution 1999 (as amended) and the country’s obligations under
international human rights law.”
In the letter dated 25 August 2017 and signed by SERAP deputy director
Timothy Adewale the organization expressed “serious concern that any
monitoring of Nigerians on social media by the military authorities would
directly violate the constitutionally and internationally guaranteed
rights to freedom of expression and privacy online. Instructing the
military to end any such monitoring would help your government to defend
and keep to its oft-repeated commitment to human rights, transparency and
accountability.”
The organization said that, “Monitoring of the social media by the
military is neither necessary nor proportionate, and could portray your
government as working to control the political and social media space.
Classifying legitimate exercise of freedom of expression as ‘hate speech’
is counter-productive, In exercise of their rights to freedom of
expression and privacy, Nigerians should be allowed to speak truth to
power and stand up for their rights.”
According to the organization, “Monitoring Nigerians on social media would
criminalize their freedom and the activity of journalists that are
critical of the government and censor the media from reporting on
sensitive and critical information that is relevant to the public interest
but controversial to the government. It would have a chilling effect on
media activities in Nigeria, and pose a serious threat to the ability of
Nigerians to meaningfully participate in their own government.”
The organization’s letter followed reported statement by the Director of
Defence Information, Major-General John Enenche that the activities of
Nigerians on the social media are now being monitored for hate speech,
anti-government and anti-security information by the military. He
justified this move on the alleged grounds of “troubling activities and
misinformation capable of jeopardizing the unity of the country.”
The letter read in part: “To monitor Nigerians’ access to social media
solely on the basis that it may be used to express views critical of the
government or the political social system espoused by the government is
entirely incompatible and inconsistent with constitutional guarantees and
Nigeria’s international human rights obligations and commitments.”
“SERAP notes that protecting critical expression on the Internet is the
standard by which governments are now held to be considered genuinely
democratic. Nigerians should therefore be allowed to discuss government
policies and engage in political debate; report on corruption in
government; and exercise their right to expression of opinion and
dissent.”
“While we recognize the obligation to protect against hate speech that
constitutes incitement to hostility, discrimination or violence, this
should not be used as a pretext to clampdown on legitimate exercise of the
right to freedom of expression that does not constitute incitement to
discrimination, hostility or violence. Blanket clarification of expression
that falls short of expression that constitutes incitement to violence,
hatred or discrimination under international law can only limit media
freedom and chill discourse deemed controversial or critical of your
government.”
“SERAP notes that sections 37 and 39 of the Nigerian Constitution
guarantee the rights to privacy and freedom of expression. Similarly,
article 19 of the International Covenant on Civil and Political Rights to
which Nigeria is a state party protects Nigerians’ right to maintain an
opinion without interference and to seek, receive and impart information
and ideas of all kinds, regardless of frontiers. Under article 19(3) of
the Covenant, restrictions on the right to freedom of expression must be
“provided by law”, and necessary for “the rights or reputations of others”
or “for the protection of national security or of public order (ordre
public), or of public health and morals”. Permissible restrictions on the
internet are the same as those offline.”
“Further, article 17(1) of the Covenant provides for the rights of
Nigerians to be protected, inter alia, against unlawful or arbitrary
interference with their privacy and correspondence, and provides that
everyone has the right to the protection of the law against such
interference. “Unlawful” means that no interference may take place except
in cases envisaged by the law which in itself must comply with provisions,
aims and objectives of the Covenant. SERAP believes that articles 17 and
19 of the Covenant are closely connected, as the right to privacy is an
essential requirement for the realization of the right to freedom of
expression.”
“SERAP notes the Human Rights Council resolution 20/8 on the promotion,
protection and enjoyment of human rights on the Internet adopted on 5 July
2012, which affirms that the same rights that people have offline must
also be protected online, in particular freedom of expression, which is
applicable regardless of frontiers and through any media of one’s choice.
It further called upon all States to promote and facilitate access to the
Internet and international cooperation aimed at the development of media
and information and communications facilities in all countries.”
SERAP therefore urged President Buhari to defend and keep to his
oft-repeated commitment to human rights, transparency and accountability
by
1. Immediately instructing the military authorities to end any
monitoring of Nigerians on social media, and to ensure that military
operations fully comply with the country’s constitution 1999 (as amended)
and the obligations of Nigeria under international human rights law;
2. Developing proactive and holistic policies that ensure that
technology is used to increase both freedom and security of Nigerians and
ensure that everyone benefits from digital technology and not criminalized
and penalised for using it;
3. Focusing on promoting an open, transparent and democratic dialogue,
and protecting those at risk of being attacked for their opinions instead
of monitoring or clamping down on freedom of expression and privacy
online;
4. Promoting, encouraging and facilitating access to the Internet, in
particular social media, and other information and communication
technology, as basic tools for Nigerians to express themselves and
participate in their own government