Our courts have recognized that freedom of expression is necessary to create and maintain a democratic society. Section 39(1) of the 1999 constitution of Nigeria guarantees the right to freedom of expression, which includes freedom of the press and other media; freedom to receive or impact information or ideas; freedom of artistic creativity and academic freedom.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
Our courts also recognize a right to privacy. Section 34 of the 1999 constitution of Nigeria as amended provides that “The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected”. Based on this provision, it is clear that despite the modern conception of Information privacy, the scope of section 34 of the 1999 constitution is limited and it gives no room to accommodate the new technology .This right to privacy should include the autonomy to elect and direct when, how, to what extent and the purpose for which one’s private information is used and disclosed.
The publication of communications on social media platform such as Facebook, Twitter, LinkedIn, Instagram and Snapchat involves a clash between the rights of freedom of expression and privacy. A recent series of cases dealing with social media and internet communications has demonstrated that it is not always easy to balance these rights. Infact, to the best of my knowledge, you need to be aware that there is yet no case law on information privacy.
The reason for this was articulated in Solomon Okedare v Attorney general of the Federation where the Federal High Court in Lagos, Nigeria, dismissed a challenge to the constitutionality of a provision in the Cybercrime (Prohibition, Prevention, etc) Act on the ground that the offense was overbroad and vague and threatened the constitutional right to freedom of expression. The impugned provision made it an offense to send a message via a computer system which was “grossly offensive”, “obscene” or “of a menacing character” or to send a message, knowing it to be false for the purpose of “causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another”.
The Court reasoned that the provision was not vague, that “cybercrime is incapable of direct definition” and that the restriction on freedom of speech was necessary in a democratic society in the interests of defense, public safety, public order, public morality or public health pursuant to section 45 of the Constitution. The situation is different with social media. Our court should be more willing to order the removal of communications that may be controversial or cause offence from social media platform because “social media platform is about building friendships around the world, rather than offending fellow human beings”.
The court of law must maintain their willingness to remove specific offensive social media communications, while preserving a party’s freedom of expression to make future statements that may not be offensive.
Daramola Adesuyi Esq., adesuyidaramola6@gmail.com
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