Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian
\nUnion of Journalists (NUJ) have sent an urgent appeal to Mr. David KAYE,
\nUN Special Rapporteur on the promotion and protection of the right to
\nfreedom of opinion and expression, requesting him to \u201curgently intervene
\nto prevail on the Federal Government, the Nigerian Army, police and
\nseveral state governments to end growing clampdown, intimidation and
\nharassment of journalists, online newspapers, and bloggers.\u201d<\/p>\n
The urgent appeal followed the arrest yesterday of Dapo Olorunyomi,
\npublisher of the online newspaper Premium Times, and the judiciary
\ncorrespondent, Evelyn Okakwu. Both have been released bail and instructed
\nto report at the FCT Police Command Headquarters today. There are fears
\nthat they may be taken before a Magistrate\u2019s Court.
\nThe appeal signed by Adetokunbo Mumuni SERAP executive director and
\nAbdulwaheed Odusile President, Nigerian Union of Journalists expressed
\n\u201cconcern concerned about the Nigeria\u2019s government\u2019s erosion of media
\nfreedom and continuing readiness of its agencies and state governments to
\nlimit the operation of online newspapers and bloggers in the country.\u201d<\/p>\n
The appeal reads in part: \u201cWe note that under international law criticism
\nof public measures or comment on Government action, however strongly
\nworded, would be consistent with the fundamental right to freedom of
\nexpression, and media freedom.\u201d<\/p>\n
\u201cWe believe that the crackdown and the increasingly restrictive media
\natmosphere and impermissible restrictions to freedom of expression has
\ndamaged Nigeria\u2019s democratic credentials and violated its international
\nhuman rights obligations. The crackdown has also impeded the ability of
\njournalists, online newspapers, bloggers and the media in general to hold
\ngovernment authorities to account or scrutinize their activities.\u201d
\n\u201cThe arbitrary arrest of Mr Dapo Olorunyomi, publisher of online newspaper
\nPremium Times, and the judiciary correspondent of the online newspaper,
\nEvelyn Okakwu would seem to mark an intensification of a crackdown on
\nmedia freedom that has been going on for some time now. Both Olorunyomi
\nand Okakwu were released last night but asked to report to the police this
\nmorning. We are seriously concerned that they may be re-arrested and
\ndetained for a prolonged period.\u201d<\/p>\n
\u201cThe Army had accused the online newspaper of \u2018unwarranted serial
\nprovocative, unauthorised, libellous and defamatory publications against
\nthe person of Lieutenant General T.Y Buratai, the Chief of Army Staff,
\nNigerian Army and Nigerian Army counter insurgency operations in the North
\nEast,\u2019 and threatened to take action against PT and Mr Olorunyomi.\u201d<\/p>\n
\u201cWe argue that while public officials are entitled to protection of their
\nreputation, including protection against defamation, as individuals who
\nhave sought to play a role in public affairs they should tolerate a
\ngreater degree of scrutiny and criticism than ordinary citizens. This
\ndistinction serves the public interest by making it harder for those in
\npositions of power to use the law to deter or penalize those who seek to
\nexpose official wrongdoing, and it facilitates public debate about issues
\nof governance.\u201d<\/p>\n
\u201cWe further note that the UN Human Rights Committee, the independent
\nexpert body that monitors state compliance with the International Covenant
\non Civil and Political Rights in its General Comment No. 34 states that
\n\u201cthe value placed by the Covenant upon uninhibited expression is
\nparticularly high. The mere fact that forms of expression are considered
\nto be insulting to a public figure is not sufficient to justify the
\nimposition of penalties. All public figures are legitimately subject to
\ncriticism and political opposition.\u201d<\/p>\n
\u201cIn addition, the Human Rights Committee has said that \u201cdefamation laws
\nmust be crafted with care to ensure that they do not serve, in practice,
\nto stifle freedom of expression. State parties [such as Nigeria] should
\nconsider the decriminalization of defamation.\u201d We therefore believe that
\ncriminal penalties infringe on peaceful expression and are always
\ndisproportionate punishments for any perceived reputational harm.\u201d<\/p>\n
\u201cWe note that the legal tool that has been repeatedly used to threaten,
\nintimidate, harass and press politically motivated charges against
\njournalists, online newspapers and bloggers is the obnoxious and unlawful
\nCybercrime Act of 2015 which was signed into law by former President
\nGoodluck Jonathan in May of that year.\u201d<\/p>\n
\u201cCyber stalking, which falls under Section 24 of the act, carries a fine
\nof up to 7 million naira (USD$22,000) and a maximum three-year jail term
\nfor anyone convicted of knowingly sending an online message that \u201che knows
\nto be false, for the purpose of causing annoyance, inconvenience danger,
\nobstruction, insult, injury, criminal intimidation, enmity, hatred, ill
\nwill or needless anxiety to another\u201d.<\/p>\n
\u201cWe further argue that the Cybercrime Act is vaguely worded, overly broad,
\nand prone to misuse and have fact been repeatedly and arbitrarily used
\nagainst journalists, online newspapers and bloggers, as the cases
\nhighlighted have shown.\u00a0 The use of the Cybercrime Act has created an
\nenvironment of intolerance, with a chilling, inhibiting effect on freedom
\nof thought and discussion.\u201d<\/p>\n
\u201cWe also argue argues that the Cybercrime Act is inconsistent with
\nNigeria\u2019s international legal obligations, and undermines rather than
\nstrengthen efforts to prevent and combat corruption, and, because freedom
\nof expression is an enabler of other rights, threaten to erode human
\nrights protections more generally. The Cybercrime Act therefore impose
\nlimitations on expression that go beyond the restrictions that are
\npermitted by international law and, in conflict with the Nigerian
\nConstitution 1999 (as amended).\u201d<\/p>\n
\u201cWe note that the ability to practice journalism free from undue
\ninterference, to peacefully criticize government and its officials, and to
\nexpress critical views is crucial to the fight against corruption, and the
\nexercise and enjoyment of many other human rights. Freedom of opinion and
\nexpression is a cornerstone of a democratic society. It extends not only
\nto \u201cinformation\u201d or \u201cideas\u201d that are favourably received, but also to
\nthose that offend, shock or disturb.\u201d<\/p>\n
\u201cWe also note that Nigeria is a state party to the International Covenant
\non Civil and Political Rights (ICCPR) and the African Charter on Human and
\nPeoples\u2019 Rights, which guarantee the right to freedom of expression and
\nimpose legal obligations on states to protect freedom of expression and
\ninformation. The Nigerian Constitution of 1999 (as amended) also protects
\nfreedom of expression, and includes language that permits for limitations
\non that right, which broadly tracks article provisions of the Covenant and
\nCharter.\u201d<\/p>\n
SERAP and the NUJ therefore asked the Special Rapporteur to:<\/p>\n
Publicly express concerns about the continuing clampdown, intimidation and
\nharassment of journalists, online newspapers and bloggers, and to insist
\nthat the Nigerian Army and police end attacks, harassment and intimidation
\nof the Premium Times and its journalists; and that state governments and
\npolice authorities end increasing persecution of other journalists, online
\nnewspapers and bloggers in their various states;
\n2.\u00a0 \u00a0 \u00a0Hold that the Cybercrime Act is inconsistent and incompatible with
\nfreedom of expression and media freedom standards and Nigeria\u2019s human
\nrights obligations and commitments;
\n3.\u00a0 \u00a0 \u00a0Call on the government to withdraw and repeal the obnoxious
\nCybercrime Act, and other laws providing for criminal defamation or
\ncriminalizing insulting public officials, and bring Nigeria\u2019s laws and
\npractices into compliance with the country\u2019s international and regional
\nhuman rights obligations protect and uphold freedom of expression and
\nmedia freedom, including under the International Covenant on Civil and
\nPolitical Rights and the African Charter on Human and Peoples\u2019 Rights;
\n4.\u00a0 \u00a0 \u00a0Request to visit Nigeria to undertake fact-finding mission and
\ninvestigate allegations of growing attacks, threats, intimidation and
\nharassment of journalists, online newspapers and bloggers;
\n5.\u00a0 \u00a0 \u00a0Request the Federal Government and state governments to drop all
\ncharges against journalists, online newspapers and bloggers;
\n6.\u00a0 \u00a0 \u00a0Insist that the Nigerian authorities should not criminalize or
\nsubject anyone to threats or harassment, intimidation, persecution or
\nreprisals simply for exercising their right to freedom of expression and
\ndoing their job as journalists and bloggers;
\n7.\u00a0 \u00a0 \u00a0Call for an immediate end to arbitrary arrest and detention of
\njournalists and bloggers simply on the basis of the content of their
\njournalism or media work<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Union of Journalists (NUJ) have sent an urgent appeal to Mr. David KAYE, UN Special Rapporteur on the promotion and protection…<\/p>\n","protected":false},"author":1,"featured_media":55598,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-55597","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n