SERAP, NGE Demand Halt To Cybercrimes Act

Socio-Economic Rights and Accountability Project (SERAP) and Nigeria Guild of Editors (NGE) have called on the Federal government to immediately halt the use of the draconian Cybercrimes Act to target journalists, activists, critics and other Nigerians peacefully expressing their views online, and release those in custody across the country under the legislation.

The groups said, “The use of the Cybercrimes Act to lock up people peacefully expressing their views sends a chilling message to Nigerians that rights won’t get priority under the Tinubu administration.

According to the groups, “Using laws that don’t conform with constitutional and guarantees and international human rights standards – like the Cybercrimes Act – erodes democracy and the rule of law in Nigeria.

The statement followed the press conference on ‘Unchecked Injustice: How Authorities Are Weaponizing the Cybercrimes Act to Stifle Peaceful Dissent and Media Freedom in Nigeria’,

It was held on Saturday, at the Radisson Hotel, Ikeja. The event was jointly organised by SERAP and NGE to mark the World Press Freedom Day.

The groups also said, Nigerian authorities at all levels should show that they tolerate peaceful dissent and media freedom if the Nigerian people are to have any chance of holding them accountable on their constitutional oath of office, commitments and promises.

The statement, read in part: “We are concerned that Nigerian authorities have continued to use the Cybercrime Act to normalize repression of the rights of journalists, bloggers, human rights defenders, opposition politicians, artists and other Nigerians.”

Halt the Use of Cybercrimes Act

“Nigerian authorities at all levels of government should immediately stop using the Cybercrimes Act and regulations disguised as broadcasting code by the National Broadcasting Commission (NBC) to target, intimidate and harass journalists, bloggers, critics and media houses.”

According to the group, impunity for those who threaten, intimidate and harass journalists, bloggers, human rights defenders and activists exacerbates the hostile environment for these defenders of constitutionally and internationally guaranteed human rights in Nigeria.

“We note that the suppression of the press in recent times takes various forms ranging from extrajudicial to unlawful detentions, disappearances, malicious prosecutions and wrongful use of both legislation and law enforcement. ”They said.

Use of Cyberstalking

According to SERAP and NGE, since the amendment of the Cybercrime Act in 2024, Nigerian authorities at all levels have consistently used the provisions of the Cybercrime Act including the provisions of section 24 on “cyberstalking” to harass, intimidate, arbitrarily arrest and detain and unfairly prosecute users of social media, activists, and journalists.”

The group accused the Nigerian authorities at all levels of increasingly using criminal defamation laws and other repressive laws to crack down on human rights and peaceful dissent, bringing frivolous lawsuits against journalists, bloggers, human rights defenders and activists.

The group said they were also concerned about the persistence of threats to journalists’ safety, and the potential chilling effect of strategic lawsuits against public participation (SLAPPs) and harassment, by security agencies and politicians.”

“We note that journalists, bloggers, human rights defenders and activists play an indispensable role in documenting and reporting on human rights violations.”

Demands by the Groups on Cybercrimes Act

The group called on President Bola Tinubu and his government to review the Cybercrime Act and other repressive laws for potential restrictions on free speech and press.

The stressed the need for him to amend them in line with constitutional and international human rights standards and to uphold the human rights of every Nigerian and media freedom.

They demanded that the president should publicly call on Nigeria’s state governors, the Nigerian Police Force, the Department of State Services (DSS) to uphold and ensure full respect for the rights of everyone in the country, including journalists, bloggers, human rights defenders and activists.”

They demanded that President Tinubu and his government, the country’s 36 governors and Federal Capital Territory (FCT) minister should genuinely uphold press freedom, ensure access to information to all Nigerians, obey court judgments, and respect the rule of law.

Demands From The Attorney General

SERAP and NGE demanded that the Attorney General push for the immediate amendment of the Cybercrimes Act and other repressive legislation, and bring these laws in line with the Nigerian Constitution and international human rights obligations to which Nigeria is a state party.”

The Attorney General they said should advise president Tinubu to promptly obey all outstanding court judgments, including the ECOWAS Court judgment directing the Federal Government to repeal the repressive Cybercrimes Act and bring it in conformity with Nigeria’s international human rights obligations and commitments.

Demand From Other authorities

“We urge the National Assembly to promptly and comprehensively review the Cybercrimes Act and other restrictive legislation, and revise them as appropriate to bring them into line with Nigeria’s international human rights obligations and commitments regarding human rights and media freedom.” They said

They urged state governors to ensure that security agencies, the Nigeria Police Force and other authorities drop all charges against journalists, bloggers and other media workers and critics, and cease further arbitrary closures of radio and television stations.

The group also urged the international community to hold Nigerian authorities to account for violations of human rights in the country, including calling on the authorities at both the Federal and state levels to immediately and unconditionally release anyone detained solely for peacefully exercising their human rights.

The press conference was attended by senior members of the media, civil society groups and other stakeholders.

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