Nigerian Diplomats Urge Reform of Cybercrimes Act to Protect Free Speech and Economic Growth

Strategic Insights -

As Nigeria celebrated its Democracy Day, the heads of mission from five countries – the United States, United Kingdom, Finland, Norway, and Canada – expressed concerns over the misuse of the Nigerian Cybercrimes Act 2015, which they believe can be used to suppress free speech, violate citizens' fundamental rights, and undermine the country's democracy. The envoys called for urgent reform of the Act, citing the Nigerian National Human Rights Commission's advisory opinion on freedom of expression, which warned that the Act has potential for abuse. They also highlighted the case of activist Dele Farotimi, who was charged with cybercrime for reporting alleged corruption in the judiciary, and urged Nigerian lawmakers to prioritize a public consultation and debate on the Act's review.

Key Takeaways:

  • The Nigerian Cybercrimes Act 2015 can be misused to suppress free speech and violate citizens' fundamental rights, undermining the country's democracy.
  • The Act has potential for abuse, particularly concerning arrests and prosecutions of activists, journalists, bloggers, and social media users.
  • The envoys expressed concerns that the Act's broad language, especially its vague definitions of 'false information,' 'cyberstalking,' 'harassment,' and 'insult,' leaves room for confusion and potential abuse.
  • The Act's misapplication risks detracting innovators and entrepreneurs, hindering investment in industries that rely on digital content.
  • The envoys encouraged Nigerian lawmakers to consider reforming the Act to narrow the definitions of key terms and ensure those definitions cannot be misused to silence critics and censor expression.
  • Activist Dele Farotimi was charged with 12 counts of cybercrime after reporting alleged corruption in the judiciary, highlighting the problematic use of the Act to stifle free expression.
  • The Nigerian Communications Commission estimates that the country loses $500 million per year to cybercrime, which requires an effective response.
  • The envoys welcomed the commitment from Nigeria's Minister of Information and National Orientation to collaborate with the National Assembly and relevant stakeholders in reviewing the Cybercrimes Act.

Statistics:

  • Nigeria loses an estimated $500 million per year to cybercrime (Nigeria Communications Commission).
  • The ECOWAS Court of Justice ruled in 2022 that the Nigerian Cybercrimes Act does not conform to the country's obligations related to freedom of expression under the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights.
  • Activist Dele Farotimi was charged with 12 counts of cybercrime.

Sources:

  • Nigerian Diplomats Urge Reform of Cybercrimes Act to Protect Free Speech and Economic Growth (Joint statement by US Ambassador Richard M. Mills, Jr., British High Commissioner Richard Montgomery, Finnish Ambassador Sanna Selin, Norwegian Ambassador Swein Baera, and Canadian High Commissioner Pasquale Salvaggio).
  • Nigeria's National Human Rights Commission advisory opinion on freedom of expression.
  • ECOWAS Court of Justice ruling (2022).
  • Nigeria Communications Commission estimate of cybercrime losses.