Social media as of today has been widely used by users across
the globe, though, with its benefits and menaces. There has been
the question whether there is any regulatory framework or
legislation regulating the use of ‘social media’ in Nigeria? This
paper aims at considering the concept of social media, its
benefits, menaces and recommending the need for regulatory
legislation(s) in Nigeria.
First and foremost, the term ‘Media’
means: ‘The means of mass communication such as: radio,
television, news papers, books, advertising, and other media of
receiving and disseminating ideas and information; and the
aggregate of media practitioners and the writing or self-expressing
public’. See: Ese Malemi, Mass Media Law- Press Law,
Princeton Publishing Co., third edition, 2009 at page 3. It
is the submission of the writer of this paper that social media is
covered by this definition as a form of media, even though the
definition of ‘media’ above does not specifically mention ‘social
media’ because as at that time, the social media was not trending
unlike in this period of time when almost everyone is a registered
user of the social media, with its impact on the individual life,
communal and national affairs.
The words ‘social media’ according to Wikipedia,
‘are computer-mediated technologies that facilitate the creation
and sharing of information, ideas, career interests and other forms
of expression via virtual communities and networks’.
According to Wikipedia, some of the most popular social media
websites are Baidu Tieba, Facebook (and its associated
Facebook Messenger), Gab, Google+, MySpace, Instagram, LinkedIn,
Pinterest, Reddit, Snapchat, Tumbir, Twitter, Viber, VK, WeChat,
Weibo, WhatsApp, Wikia, Snapchat and YouTube. And
according to Wikipedia, social media websites have more than
100,000,000 registered users.
It is no doubt that the social media has the ability to bring
people together, in nature. ‘While some of the social media sites
have greater potential for content that is posted there to spread
virally over social networks. This social media is also known for
its use as a tool for marketing research, communication, sales
promotions/discounts, and relationship development/loyalty
programs, e-commerce, etc.’. See: Wikipedia. It is the
prospect viewed by the writer of this paper that in a little while
to come, the social media will also become an enviable tool for the
conduct of elections in Nigeria or across the globe, including
non-governmental election voting.
According to on-line research, social media menaces range from
the criticism of ease of use of specific platforms and their
capabilities, disparity of information available, issues with
trustworthiness and reliability of information presented, its
impact on an individual‘s concentration, ownership of media content
and the meaning of interactions created by social media. Also, the
social media has the disadvantage of being used as a medium of
spreading hates speeches among individuals, which has the effect of
creating disorderliness, chaos, etc. in the nation. Also, social
media has been used by some persons to commit crimes of various
categories, such as financial fraud, kidnapping, rape, defamation,
encroachment on privacy of individual, etc. Equally, it could also
be dangerous due to youthful exuberance. Children now have
uncontrollable and unguided access to the social media whether with
or without parental guidance than they do in other media such as
radio, newspapers, televisions, etc and their contents.
It is therefore submitted by the writer of this paper that the
menaces of the social media as of today and those to be experienced
in future are clear requirement and justification for a
Legislation(s) and or regulation(s) regulating the social media and
its users, though, it is not the same that the legislators should
limit the right of expression of individual citizen. The
observation made by the writer of this paper in respect of
challenges to be confronted in making regulation(s) regulating the
social media is the fact that social media involves two or more
countries and not just Nigeria. So, it becomes inter-nationals,
which suggests that the Nigerian Government will have to consider
international laws and or the need to inculcate other countries or
address the use of social media law(s)/ regulation(s) at
international assemblies.
Furthermore, considering the laws in operation in Nigeria today
and determining whether they are enough to regulate social media?
The answer, most respectfully, is ‘NO’! For instance, at the
moment, we can talk of the Cyber Crimes (Prohibition,
Prevention, etc.) Act, 2015, Penal Codes, Criminal Codes etc., but
a close study of these laws shows that they are not
enough and are not all encompassing in regulating social media.
On the right of any person to own, establish and or operate any
means of media and of course, the social media, it has been clearly
provided for in the Constitution of the Federal
Republic of Nigeria, 1999 (as amended)-herein after referred to as
the Constitution. Section 39 of the Constitution provides thus:
‘(1) Every person shall be entitled to
freedom of expression including freedom to hold opinions and to
receive and impart ideas and information without interference. (2)
Without prejudice to the generality of subsection (1) of this
section, every person shall be entitled to own, establish and
operate any medium for the dissemination of information, ideas and
opinions : Provided that no person, other than the Government of
the Federation or of a State or any other person or body authorised
by the President on the fulfilment of conditions laid down by an
Act of the National Assembly, shall own, establish or operate a
television or wireless broadcasting station for any purpose
whatsoever’. (Underlined words are the writer of this
paper’s).
Also, Article 9 (1)
and (2) of the African Charter on Human and People’s Rights
(Ratification and Enforcement) Act, 2004 provides thus: ‘(1)Every
individual shall have the right to receive information’. (2) Every
individual shall have the right to express and disseminate his
opinions within the law’. (Underlined words are the writer of this
paper’s). Also, Article 19 of the Universal Declaration of Human
Rights Resolution 219A (III) of 10 December, 1948 provides thus:
‘Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media
and regardless of frontiers’. (Underlined
words are the writer of this paper’s). This just
quoted international laws on human rights are applicable to Nigeria
and are recognized by the Fundamental Rights
(Enforcement Procedure) Rule 2009 as part of the
overriding objectives of the Rules in paragraph 3 (ii)
thus: ; the Universal Declaration of Human Rights and other
instruments (including protocols) in the United Nations Human
Rights System’.
However, section 39
(3) provides for the limits on the right to freedom of expression
and of course, the social media thus:
‘(3) Nothing in this section shall
invalidate any law that is reasonably justifiable in a democratic
society— (a)
for the purpose of preventing the disclosure of information
received in confidence, maintaining the authority and independence
of courts or regulating telephony, wireless broadcasting,
television or the exhibition of cinematograph films ; or
(b) imposing
restrictions upon persons holding office under the government of
the Federation or of a State, members of the armed forces of the
Federation or members of the Nigeria Police Force or other
Government security services or agencies established by law’. Also
see: section 45(1) of the Constitution.
Arising from the above section 39(3) of the
Constitution is the submission of the writer of this
paper that persons mentioned in the said section 39(3)
of the Constitution must be under caution in
either owning, establishing or operating social media, as opposed
to a situation where everyone considers himself as free as other
persons not covered by the said sub-section. The writer of this
paper also suggests most respectfully, that there should be an
amendment to the provisions of section 39(3)(a) of the
Constitution to include ‘social media platform’, as
the trends in media as of the moment is the social media more than
any other media contained in the said section 39(3)(a)
of the Constitution.
Furthermore, the situation that
amounts to a law that is reasonably justifiable in a democratic
society has been provided for by the Constitution in
section 45 thus: ‘(1) Nothing in sections 37, 38, 39,
40, and 41 of this Constitution shall invalidate any law that is
reasonably justifiable in a democratic society—
(a) in the
interest of defence, public safety, public order, public morality
or public health ; or
(b) for the
purpose of protecting the rights and freedom of other
persons’.
Finally, from the provisions of section 45(1) of the
Constitution and the proviso to section 39(2) of the
Constitution, it is submitted that government can
make a legislation to regulate social media and its users by any
law that is reasonably justifiable in
a democratic society, though, such law that will not
violate human rights of Nigerian
citizens.
e-mail: hameed_ajibola@yahoo.com
Social media as of today has been widely used by users across
the globe, though, with its benefits and menaces. There has been
the question whether there is any regulatory framework or
legislation regulating the use of ‘social media’ in Nigeria? This
paper aims at considering the concept of social media, its
benefits, menaces and recommending the need for regulatory
legislation(s) in Nigeria.
First and foremost, the term ‘Media’
means: ‘The means of mass communication such as: radio,
television, news papers, books, advertising, and other media of
receiving and disseminating ideas and information; and the
aggregate of media practitioners and the writing or self-expressing
public’. See: Ese Malemi, Mass Media Law- Press Law,
Princeton Publishing Co., third edition, 2009 at page 3. It
is the submission of the writer of this paper that social media is
covered by this definition as a form of media, even though the
definition of ‘media’ above does not specifically mention ‘social
media’ because as at that time, the social media was not trending
unlike in this period of time when almost everyone is a registered
user of the social media, with its impact on the individual life,
communal and national affairs.
The words ‘social media’ according to Wikipedia,
‘are computer-mediated technologies that facilitate the creation
and sharing of information, ideas, career interests and other forms
of expression via virtual communities and networks’.
According to Wikipedia, some of the most popular social media
websites are Baidu Tieba, Facebook (and its associated
Facebook Messenger), Gab, Google+, MySpace, Instagram, LinkedIn,
Pinterest, Reddit, Snapchat, Tumbir, Twitter, Viber, VK, WeChat,
Weibo, WhatsApp, Wikia, Snapchat and YouTube. And
according to Wikipedia, social media websites have more than
100,000,000 registered users.
It is no doubt that the social media has the ability to bring
people together, in nature. ‘While some of the social media sites
have greater potential for content that is posted there to spread
virally over social networks. This social media is also known for
its use as a tool for marketing research, communication, sales
promotions/discounts, and relationship development/loyalty
programs, e-commerce, etc.’. See: Wikipedia. It is the
prospect viewed by the writer of this paper that in a little while
to come, the social media will also become an enviable tool for the
conduct of elections in Nigeria or across the globe, including
non-governmental election voting.
According to on-line research, social media menaces range from
the criticism of ease of use of specific platforms and their
capabilities, disparity of information available, issues with
trustworthiness and reliability of information presented, its
impact on an individual‘s concentration, ownership of media content
and the meaning of interactions created by social media. Also, the
social media has the disadvantage of being used as a medium of
spreading hates speeches among individuals, which has the effect of
creating disorderliness, chaos, etc. in the nation. Also, social
media has been used by some persons to commit crimes of various
categories, such as financial fraud, kidnapping, rape, defamation,
encroachment on privacy of individual, etc. Equally, it could also
be dangerous due to youthful exuberance. Children now have
uncontrollable and unguided access to the social media whether with
or without parental guidance than they do in other media such as
radio, newspapers, televisions, etc and their contents.
It is therefore submitted by the writer of this paper that the
menaces of the social media as of today and those to be experienced
in future are clear requirement and justification for a
Legislation(s) and or regulation(s) regulating the social media and
its users, though, it is not the same that the legislators should
limit the right of expression of individual citizen. The
observation made by the writer of this paper in respect of
challenges to be confronted in making regulation(s) regulating the
social media is the fact that social media involves two or more
countries and not just Nigeria. So, it becomes inter-nationals,
which suggests that the Nigerian Government will have to consider
international laws and or the need to inculcate other countries or
address the use of social media law(s)/ regulation(s) at
international assemblies.
Furthermore, considering the laws in operation in Nigeria today
and determining whether they are enough to regulate social media?
The answer, most respectfully, is ‘NO’! For instance, at the
moment, we can talk of the Cyber Crimes (Prohibition,
Prevention, etc.) Act, 2015, Penal Codes, Criminal Codes etc., but
a close study of these laws shows that they are not
enough and are not all encompassing in regulating social media.
On the right of any person to own, establish and or operate any
means of media and of course, the social media, it has been clearly
provided for in the Constitution of the Federal
Republic of Nigeria, 1999 (as amended)-herein after referred to as
the Constitution. Section 39 of the Constitution provides thus:
‘(1) Every person shall be entitled to
freedom of expression including freedom to hold opinions and to
receive and impart ideas and information without interference. (2)
Without prejudice to the generality of subsection (1) of this
section, every person shall be entitled to own, establish and
operate any medium for the dissemination of information, ideas and
opinions : Provided that no person, other than the Government of
the Federation or of a State or any other person or body authorised
by the President on the fulfilment of conditions laid down by an
Act of the National Assembly, shall own, establish or operate a
television or wireless broadcasting station for any purpose
whatsoever’. (Underlined words are the writer of this
paper’s).
Also, Article 9 (1)
and (2) of the African Charter on Human and People’s Rights
(Ratification and Enforcement) Act, 2004 provides thus: ‘(1)Every
individual shall have the right to receive information’. (2) Every
individual shall have the right to express and disseminate his
opinions within the law’. (Underlined words are the writer of this
paper’s). Also, Article 19 of the Universal Declaration of Human
Rights Resolution 219A (III) of 10 December, 1948 provides thus:
‘Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media
and regardless of frontiers’. (Underlined
words are the writer of this paper’s). This just
quoted international laws on human rights are applicable to Nigeria
and are recognized by the Fundamental Rights
(Enforcement Procedure) Rule 2009 as part of the
overriding objectives of the Rules in paragraph 3 (ii)
thus: ; the Universal Declaration of Human Rights and other
instruments (including protocols) in the United Nations Human
Rights System’.
However, section 39
(3) provides for the limits on the right to freedom of expression
and of course, the social media thus:
‘(3) Nothing in this section shall
invalidate any law that is reasonably justifiable in a democratic
society— (a)
for the purpose of preventing the disclosure of information
received in confidence, maintaining the authority and independence
of courts or regulating telephony, wireless broadcasting,
television or the exhibition of cinematograph films ; or
(b) imposing
restrictions upon persons holding office under the government of
the Federation or of a State, members of the armed forces of the
Federation or members of the Nigeria Police Force or other
Government security services or agencies established by law’. Also
see: section 45(1) of the Constitution.
Arising from the above section 39(3) of the
Constitution is the submission of the writer of this
paper that persons mentioned in the said section 39(3)
of the Constitution must be under caution in
either owning, establishing or operating social media, as opposed
to a situation where everyone considers himself as free as other
persons not covered by the said sub-section. The writer of this
paper also suggests most respectfully, that there should be an
amendment to the provisions of section 39(3)(a) of the
Constitution to include ‘social media platform’, as
the trends in media as of the moment is the social media more than
any other media contained in the said section 39(3)(a)
of the Constitution.
Furthermore, the situation that
amounts to a law that is reasonably justifiable in a democratic
society has been provided for by the Constitution in
section 45 thus: ‘(1) Nothing in sections 37, 38, 39,
40, and 41 of this Constitution shall invalidate any law that is
reasonably justifiable in a democratic society—
(a) in the
interest of defence, public safety, public order, public morality
or public health ; or
(b) for the
purpose of protecting the rights and freedom of other
persons’.
Finally, from the provisions of section 45(1) of the
Constitution and the proviso to section 39(2) of the
Constitution, it is submitted that government can
make a legislation to regulate social media and its users by any
law that is reasonably justifiable in
a democratic society, though, such law that will not
violate human rights of Nigerian
citizens.
e-mail: hameed_ajibola@yahoo.com