Social Media Regulation: Elite’s Ploy To Gag The Views Of Ordinary Citizens By Toyo Jimmy, Esq.

Central to every democratic society is the freedom of
expression. This right enables citizens to freely express
themselves, form and hold opinions on issues of public importance,
exchange ideas and information, scrutinize government actions and
activities, and hold government officials accountable.

Fortunately, the advent of social media has expanded the scope
of this right and has made it commonly exercisable and easily
accessible at a minimal cost. Nowadays, citizens, rich or poor,
living whether in suburbs or cities, with a phone or laptop, can
have their views heard on issues that bother them. The greatest
beneficiaries of social media are the ordinary citizens. Or how
many ordinary citizens could have afforded a page in a newspaper or
an airtime on radio or television to air their views? Social media
have not just given the ordinary citizens voices but have amplified
those voices in national, social discourses and political
debates.

Sadly, despite the positives of social media, the Federal
Government is bent on ‘regulating’ its use, deciding to dwell only
on the negative effects of social media. Frankly, the FG’s
intention to regulate social media is a ploy to stifle its use and
deny citizens their voices on critical issues that concern them.
Given the lawlessness and overzealousness of our law enforcement
agencies, such regulation will encourage a total clampdown on
citizens who express views critical of government.

Unarguably, social media is without some challenges. Some
individuals have exploited the platform to push divisive and false
contents, which threaten the corporate existence of Nigeria, while
others have used the media to assassinate citizens’ hard-earned
reputation.

Notwithstanding these vices, our laws have provisions to address
those challenges. For instance, any citizen whose good name has
been maliciously maligned can approach the court for remedy under
the law of defamation. Defamation is both a criminal offence and
civil wrong. Aggrieved citizens may choose whether to protect their
name civilly or criminally. Similarly, the Cybercrime (Prohibition,
Prevention, etc.) Act, 2015, criminalises divisive, racist, ethnic,
xenophobic and other inappropriate posts and set down grave
penalty. Thus, regulation of social media is not necessary, but the
issue is with the enforcement of extant laws.

In this digital age, the use of social media should be viewed as
a fundamental offshoot of the freedom of expression generously
guaranteed under our Constitution. Hence, any attempt to regulate
social media will amount to infringement on the constitutional
right of expression. By and large, our citizens have held
government to account with the help of social media. Regulating
social media will undermine citizens’ ability to question
government decisions, call out government officials for improper
action or inaction, citizens’ participation in governance, etc.

Social media have become a powerful tool in the hands of
ordinary citizens and the elites are becoming uncomfortable and
want to snatch away this tool. Nigerian elites, who are majorly in
the corridors of power or have strong ties to government, know that
if the tool of social media remain in the hands of ordinary
citizens unregulated, their ‘safety’ can be guaranteed. Hence,
government, nay elites, consistent call for its regulation.

Government should not dictate to the citizens how to use and
operate social media especially when citizens’ use of social media
does not run afoul of the law of the land. Every citizen should
rise and oppose any attempt to regulate social media and stifle
their views. The tool of social media has helped in unearthing
buried secret activities of government and has largely brought
accountability into governance. Taking away such all-important tool
from the ordinary citizens will spell doom for the country and will
return Nigeria to its inglorious past. Every human rights loving
Nigerian should resist FG’s intention to regulate, nay stifle, the
use and enjoyment of social media.

Toyo Jimmy is an Abuja-based lawyer, human
rights advocate, and the Director of Advocacy, Justice House
International Organization. 08039360131; [email protected]^[1]

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