….as ASF France seeks protection of digital rights

By Ikechukwu Nnochiri

ABUJA– Civil Society Organizations, CSOs, in the country, on Tuesday, flayed what they termed as continued misapplication of the Cybercrime law against journalists and social media activists.

In separate presentations, the CSOs maintained that security agencies, as institutions responsible for the maintenance of law and order, have crucial role to play in ensuring that journalists are allowed to perform their duties, safely and freely, without the fear of arrest and detention.

Speaking at a Situation Room for authorities, journalists, experts and digital activists, held in Abuja, representatives of the CSOs called for an urgent review of the Cybercrime Act with a view to removing the portions that have been considered obnoxious to media practice in the country.

According to the Executive Director, Human Rights Journalists Network, Kehinde Adegboyega, the situation has become a major cause for concern.

He said: “We have seen cases where security agencies, especially the police, picked up a journalist from Lagos and took him to Abuja without allowing anybody to know who effected the arrest or the reason.

“It was only after the issue raised a lot of dust that they came out to explain that the journalist was arrested due to a petition by someone. Yet, the journalist was never told who wrote the said petition.

“They arrest people unlawfully and detain them beyond the period allowed by the Constitution. Imagine detaining a journalist for five to 10 days without trial.

“Despite the fact that there is an extant judgement of the ECOWAS Court that struck down section 24 of the Cybercrime Act, police still rely on that portion, till date.

“We have seen instances where journalists that have not even published a report were invited on the ground of national security. When did holding the government accountable amount to a threat to national security?

“Some are invited and held for hours after which they are asked to perfect a certain administrative bail. The person ends up negotiating his freedom in the form of bail. This is gradually becoming a modus operandi of the Police.

“It has become a major issue as it looks as if all other laws pertaining to defamation and libel have been suspended as security agencies now concentrate on the Cybercrime Act.

“For instance, how can you charge a citizen for cyberstalking or cyberbullying the President? These are some of the abnormalities that are gradually becoming normal,” he lamented.

Likewise, the Africa Policy and Advocacy Manager, Access Now, Ms. Naro Omo-Osagie, called for decriminalization of speech related offences, noting that the fear of arrest and prosecution have led to unnecessary self-censorship that may not be in the interest of democracy.

On its part, the organizer of the forum-  the Advocats Sans Frontieres France, otherwise known as Lawyers Without Borders-  through its Country Director, Angela Uzoma-Iwuchukwu, said the country was at a critical juncture where the intersection of media freedom and digital rights has become a focal point of national discourse.

“The media plays a vital role in holding those in power accountable, providing a voice for the voiceless, and fostering informed public discourse.

“However, journalists often face challenges in carrying out their duties, including harassment, intimidation, and violence.

“The digital landscape has also introduced new complexities, with issues like online censorship, surveillance, and disinformation threatening the very fabric of our democracy.

“It is imperative that we foster a culture of understanding, respect, and cooperation between the media and law enforcement,” Ms. Uzoma-Iwuchukwu stated, adding that objectives of the Situation Room was to identify key challenges and develop concrete recommendations for improving media freedom and digital rights in Nigeria.

The Head of Governance, Security and Migration, European Union Delegation to Nigeria & ECOWAS, Mr. Ruben Alba Aguilera, in his intervention, noted that the growth of ICT across the world has led to new opportunities and new challenges.

He said the situation room was designed to “have stakeholders from state and federal government agencies, experts on digital technology and activists, routinely discuss about promoting and protecting digital rights, harnessing opportunities and addressing challenges related to new technologies.”

“In summary, it is designed to bring about a collaborative approach in promoting and advancing digital rights in Nigeria,” he added.

While responding on behalf of the security agencies, CSP El-Mustapha Sani, who is in charge of Police Complaints and Response Unit, PCRU, maintained that several mechanisms have been put in place to protect all citizens, including journalists.

According to him, some of the measures included the creation of various social media platforms to make it easier for the police to receive and tackle complaints against its officers.

“We have officers the are there, 24 hours, to deal with these issues. The number of compliants are increasing, meaning that people have confidence in the police.

“We receive complaints even from police officers. Whatever case you report to the PCRU, we deal with it, decisively.

“A lot of officers were recently dismissed, some were demoted while a lot were handed various punishments. The Inspector General has also directed that the PCRU should be established in all the 36 States of the federation,” CSP Sani added.