What You Should Know About New Social Media Bill
Less than two weeks before the third anniversary of the Lekki Toll Gate shooting during the EndSARS protest, a demonstration against police brutality that originated online, the National Broadcasting Commission (NBC) has proposed a bill to regulate social media by amending the NBC Act of 2004.
While this is not the first instance of the government attempting to regulate the use of social media, the bill, which was introduced in the Nigerian Senate on October 11, 2023, has elicited mixed reactions from Nigerians.
In June 2021, the Nigerian government suspended Twitter, a move aimed at regulating the use of the platform in the country, resulting in an estimated cost of N546 billion to the country.
The recent bill is an effort to modernise the existing NBC Act, primarily to adapt to the transition from analog to digital broadcasting services and address various broadcasting-related issues.
“We want to inform you that a bill for an act to repeal and amend the National Broadcasting Commission (NBC) act, CAP L11 laws of the Federation of Nigeria 2004, to accommodate the transition from analogue to digital broadcasting service, as well as to promote quality audio and video, efficient management of the spectrum, the Nigeria Broadcast Institute, social media regulation, and related matters, has been introduced for the first time on the floor of the national assembly,” Director-General of the National Broadcasting Commission (NBC), Balarabe Ilelah, stated.
Proposed Changes:
The primary focus of the bill is the regulation of social media platforms. It seeks to empower the NBC to oversee and regulate the activities of social media platforms in Nigeria. This proposed regulation of social media is a response to concerns about the impact of unregulated social media on the country’s society and politics.
“One of our major problems now is social media. Unless there is a law that enables the NBC to act on social media issues, the problem will continue to be a challenge in our daily lives in this country,” Ilelah said.
However, the bill has sparked intense debate and controversy. Critics argue that it infringes upon freedom of expression and could be used to suppress dissent and limit citizens’ ability to express their opinions on social media.
On Monday, October 16, 2023, SERAP, a nonprofit legal and advocacy organisation, in a statement via their official account, said that the bill, when passed into law, would be against the fundamental human rights of Nigerians.
“We urge the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to reject the recently reintroduced social media regulation bill, which, if passed, would unduly restrict the rights to freedom of expression and privacy.
It continued, “We urge them to request the administration to abandon any ongoing efforts to exert pressure on Google, YouTube, TikTok, and other social media companies to unduly restrict these fundamental human rights. The bill would criminalize the legitimate and lawful exercise of human rights.”
Following growing hardships caused by some economic reforms initiated by the current administration led by President Bola Tinubu, there has been an outpouring of criticism on social media. The criticism against the government appears to have been exacerbated by the ongoing presidential election petition and the controversies surrounding Tinubu’s educational qualifications.
On social media, there has been a surge in podcasts and other non-traditional channels that do not fall under the jurisdiction of the NBC. However, If the bill is passed and signed into law, the NBC would have the authority to penalise or take action against social media platforms and broadcasters that violate the proposed regulations.
“The social media is neither Nigeria’s problem nor a monster. Any regulation of it would have arbitrary and excessive effects and cause incalculable damage, both in material and human rights terms,” SERAP said in a statement.
