Digital Literacy: Are The Rights Of A Child To Access The Internet Protected By The Law?

By Ibrahim Oluwadamilola Enifeni

The digital age has ushered in a new paradigm shift in human rights protection. Particularly the rights of a minor’s online activities.

Section 277 of the 2003 Child Rights Act defines the age of majority as the age a person attains the age of eighteen[i] Therefore by operation of law any person below the age of 18  in Nigeria is a minor.

Generally speaking Child rights are a subset of human rights peculiar to a minor. Hence,  section 3(1) of the 2003 Child Rights Act posits that “the provisions in Chapter IV of the Constitution of the Federal Republic of Nigeria 1999, or any successive Constitutional  provisions relating to Fundamental Rights, shall apply as if those provisions are  expressly stated in this Act.[ii]

NATIONAL LAWS PROTECTING THE RIGHTS OF A CHILD TO THE INTERNET

Since a child is also protected by virtue section 3(1) of the Child right act of 2003 to enjoy all the rights in Chapter IV of the CFRN 1999 hence the following National Laws is also applicable in protecting the rights of a child.

1. The Nigeria Data Protection Regulation (NDPR) 2019

The NDPR is the major law specifically aimed at addressing data privacy and protection in Nigeria. The regulation was issued by the National Information Technology Development Agency (NITDA) in 2019 to comprehensively regulate and control the use of data in Nigeria. A replica of the EU GDPR, the regulation touches on principles of data processing, the requirement of Data Compliance Officers, requirement of data subject’s consent for collecting and processing data, requirements for international transfers of data and rights of data subjects, inter alia. It also prescribes penalty for non-compliance with the regulation.[iii]

2. The NCC Consumer Code of Practice Regulation 2007

Nigerian Communications Commission (NCC) regulation, generally deals with the protection of consumers data in the telecoms sector. Reg. 35 requires all licensees to take reasonable steps to protect the information of their customers against improper or accidental disclosures. It prescribes that licensees shall not transfer this information to a third party except as permitted by the consumer or commission or by other applicable laws or regulation. Data collected by the licensee must be such that is reasonably required for business purposes and not to be kept for longer than necessary. This law extends not only to electronic or written data but also to verbal data recorded by the licensee.  It also provides for notification of the consumer of the use and disclosure of data obtained from them.[iv]

3. The Freedom of Information Act 2011

Section 14 of the Freedom of Information Act protects personal data. It restricts the disclosure of information which contains personal information by public institutions except where the involved data subject consents to its disclosure or where the information is publicly available. The Act also provides that a public institution may deny the application for disclosure of information that is deemed privileged by law (e.g. Attorney-client privilege, doctor-client privilege)[v].

4. The Cybercrimes (Prohibition, Prevention, etc.) Act 2015

The Cybercrimes (Prohibition, Prevention, etc.) Act, Nigeria’s foremost law on cybercrimes criminalizes data privacy breaches. Generally, this Act in section 21 prohibits, prevents and punishes cybercrimes in Nigeria. It prescribes that anyone or service provider in possession of any person’s personal data shall take appropriate measures to safeguard such data.[vi]

5. The Child Rights Act 2003

The Child Rights Act protects the privacy rights of children. The Act protects and guarantees the right of every child to privacy, family life, home, correspondence, Telephone conversation and telegraphic communications subject to the supervision or control of the parents or guardians[vii]

6. The Consumer Protection Framework

The Central Bank of Nigeria’s Consumer Protection Framework prohibits financial institutions from disclosing the personal information of their customers. It also ensures that these financial institutions take appropriate measures to safeguard customers’ data and necessitates the prior written consent of their customers before sharing these data with anyone.[viii]

International Legal framework protecting the right of a child to the internet

1. General Data Protection Regulation (GDPR)[ix]: This international instrument in it’s (Recital 38)” “explicitly recognizes that children deserve their personal data to be specifically protected, ‘as they may be less aware of the risks, consequences and safeguards concerned and their rights  in relation to the processing of personal data’
2. African Union Convention on Cyber Security and Personal Data Protection[x] : This instrument also recognizes the personal data of a child protection although can only be consented to by him/her or his/her representative.
3. United Nations Human Rights Council resolution on the right to privacy in the digital age[xi]

This international instrument in its preamble and section 5.g. explicitly mention the Convention on the Rights of the Child as a guiding human rights instrument, and also recognizes that violations of the right to privacy online can have particular effects on children.

ARGUMENTS ON CENSORSHIP TO THE RIGHTS OF A CHILD TO THE INTERNET

Most regulatory frameworks protecting the privacy of a child requires parental consent of a child before a child reaches certain age. For instance Article 1 of the African Union Convention on Cyber Security and Personal Data Protection,  defines “consent of the data subject” as “any manifestation of express, unequivocal, free, specific and informed will” given by the data subject or by her/his legal representative. [xii] Section 8(3) of the Child rights Act of 2003 also stated that “ Nothing in this provision  shall affect the rights of parents and, where applicable, legal guardians, to exercise supervision and control over the conduct of their children and wards.[xiii]

These parental rights can impede the child’s right to privacy, freedom of expression, freedom of association and development of digital literacy. A recent study by UNICEF[xiv] has stated that there is empirical  evidence that suggests that children are more aware of the risks they face online than their their parents. Moreover, Article 12 of the Convention on the Rights of the child provides that children can exercise agency in line with their evolving capacities.[xv]

In another study conducted by  UNICEF shows that most older children know ways to manage online privacy compared to their younger counterparts.[xvi]

It is imperative to know that breach to children’s privacy does not only come from government and private companies as they also come from their parents through the activities of posting their children’s pictures online. This idea of parent’s posting their children’s picture is termed “sharenting” affects a child’s privacy and reputation.[xvii]

To consent on behalf  of a child to his/her  privacy interferes with the child’s online privacy, this means that parents interfere with their children’s (e.g. gaming accounts, social network accounts) etc. Consequently children’s ability to express themselves becomes limited as such consents now lie on the shoulders of their parents. Such parental control can be tagged an invasion of children’s online privacy, as children are often unwilling to share their online experience with their parents.

Children have rights to air their views especially when they are matters that relate to the well being of the child. However, Committee on the Rights of the Child[xviii] has stated that the right of the child include receiving guidance on how to exercise his/her right.

Conclusion

The right of a child is Paramount and Universal, it’s available both offline and online, and it’s both for the educated and non educated child. There is no gain saying there are adults contents on the internet, yet the internet has also become a home of learning for thousands across the globe.

Denying or supervising a child online activities is an infringement on the right of a child, however, the measures parents could take is to ensure that they constantly guide the child on how to exercise his rights in the child’s best interest. When things go wrong on the internet the child would inform the parent.

Governments also needs to put the interest of the child at heart in making legislations which would affect companies online activities in such a way that the interest of the child is protected.

Private online companies also have to censor their content to fit into the child’s need or what advances the child’s development in life.

Ibrahim Oluwadamilola Enifeni is a 500 level law student at Lagos State University, you can reach him via oenifeni63@gmail.com or on LinkedIn via Ibrahim Oluwadamilola Enifeni

[i] Child’s Rights Act No 26 of 2003 (Federal Republic of Nigeria Official Gazette No 26, Vol.90). Available on https://www.refworld.org/pdfid/5568201f4.pdf accessed on 28^th January, 2020.

[ii] S.3 child rights

[iii] NCC Nigerian Communications Act 2003, Federal Republic of Nigeria Official Gazette No. 87 (10^th July, 2007) Vol. 94.Part VI of the

[v] Federal Republic of Nigeria Official Gazette (28^th May) Vol.98. Available on https://www.cbn.gov.ng/FOI/Freedom%20Of%20Information%20Act.pdf accessed on 28^th January, 2020.

[vi]  Federal Republic of Nigeria Official Gazette (15^th May) Vol. 102. Available on https://cert.gov.ng/ngcert/resources/CyberCrime__Prohibition_Prevention_etc__Act__2015.pdf accessed on 28th January, 2020.

[vii] Child’s Rights Act, Supra

[viii] Pursuant to its powers under section 2(a) and 33(1)(b) of the CBN Act 2007, the CBN released the Consumer Protection Framework 2016 on 7^th November 2016. Available on https://www.cbn.gov.ng/out/2016/cfpd/consumer%20protection%20framework%20 (final).pdf accessed on 28^th January, 2020.

[ix] Came into force on May 25th, 2018. Available on https://gdpr-info.eu/ accessed on 28^th May, 2020

[x]adopted on 27 June 2014. Available on  https://au.int/en/treaties/african-union-convention-cyber-security-and-personal-data-protection accessed on 28th May 2020

[xi] adopted in 2017. Available on https://www.ohchr.org/EN/Issues/DigitalAge/Pages/DigitalAgeIndex.aspx accessed on 28th May 2020

[xii] African Union Convention on Cyber Security, Supra

[xiii] Child Right Act, Supra

[xiv] Viola de Azevedo Cunha, M. Child Privacy in the Age of Web 2.0 and 3.0: Challenges and Opportunities for Policy.

Innocenti Discussion Paper 2017-03. UNICEF Office of Research – Innocenti

[xv] Convention on the right of the child, came into force November 1989, available at https://www.ohchr.org/en/professionalinterest/pages/crc.aspx accessed on May 29 2020

[xvi] Viola de Azevedo Cunha, Supra

[xvii] Ibid

[xviii] General Comment No. 20 (2016)