Social Media Regulation: Elite’s Ploy To Gag The Views Of Ordinary Citizens By Toyo Jimmy, Esq.

Central to every democratic society is the freedom of expression. This right enables citizens to freely express themselves, form and hold opinions on issues of public importance, exchange ideas and information, scrutinize government actions and activities, and hold government officials accountable.

Fortunately, the advent of social media has expanded the scope of this right and has made it commonly exercisable and easily accessible at a minimal cost. Nowadays, citizens, rich or poor, living whether in suburbs or cities, with a phone or laptop, can have their views heard on issues that bother them. The greatest beneficiaries of social media are the ordinary citizens. Or how many ordinary citizens could have afforded a page in a newspaper or an airtime on radio or television to air their views? Social media have not just given the ordinary citizens voices but have amplified those voices in national, social discourses and political debates.

Sadly, despite the positives of social media, the Federal Government is bent on ‘regulating’ its use, deciding to dwell only on the negative effects of social media. Frankly, the FG’s intention to regulate social media is a ploy to stifle its use and deny citizens their voices on critical issues that concern them. Given the lawlessness and overzealousness of our law enforcement agencies, such regulation will encourage a total clampdown on citizens who express views critical of government.

Unarguably, social media is without some challenges. Some individuals have exploited the platform to push divisive and false contents, which threaten the corporate existence of Nigeria, while others have used the media to assassinate citizens’ hard-earned reputation.

Notwithstanding these vices, our laws have provisions to address those challenges. For instance, any citizen whose good name has been maliciously maligned can approach the court for remedy under the law of defamation. Defamation is both a criminal offence and civil wrong. Aggrieved citizens may choose whether to protect their name civilly or criminally. Similarly, the Cybercrime (Prohibition, Prevention, etc.) Act, 2015, criminalises divisive, racist, ethnic, xenophobic and other inappropriate posts and set down grave penalty. Thus, regulation of social media is not necessary, but the issue is with the enforcement of extant laws.

In this digital age, the use of social media should be viewed as a fundamental offshoot of the freedom of expression generously guaranteed under our Constitution. Hence, any attempt to regulate social media will amount to infringement on the constitutional right of expression. By and large, our citizens have held government to account with the help of social media. Regulating social media will undermine citizens’ ability to question government decisions, call out government officials for improper action or inaction, citizens’ participation in governance, etc.

Social media have become a powerful tool in the hands of ordinary citizens and the elites are becoming uncomfortable and want to snatch away this tool. Nigerian elites, who are majorly in the corridors of power or have strong ties to government, know that if the tool of social media remain in the hands of ordinary citizens unregulated, their ‘safety’ can be guaranteed. Hence, government, nay elites, consistent call for its regulation.

Government should not dictate to the citizens how to use and operate social media especially when citizens’ use of social media does not run afoul of the law of the land. Every citizen should rise and oppose any attempt to regulate social media and stifle their views. The tool of social media has helped in unearthing buried secret activities of government and has largely brought accountability into governance. Taking away such all-important tool from the ordinary citizens will spell doom for the country and will return Nigeria to its inglorious past. Every human rights loving Nigerian should resist FG’s intention to regulate, nay stifle, the use and enjoyment of social media.

Toyo Jimmy is an Abuja-based lawyer, human rights advocate, and the Director of Advocacy, Justice House International Organization. 08039360131; toyoabasijimmy@gmail.com.