SERAP, NGE Accuse FG Of Using Cybercrimes Act To Silence Journalists
The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have called on President Bola Tinubu to end the use of the Cybercrimes Act to target journalists, activists, and critics expressing their views online.
In a joint statement signed by SERAP Deputy Director, Kolawole Oluwadare, and NGE General Secretary, Dr Iyobosa Uwugiaren, and made available on Sunday, the groups condemned what they described as a “draconian” use of the law and demanded the release of all those detained under its provisions.
“The use of the Cybercrimes Act to lock up people peacefully expressing their views sends a chilling message to Nigerians that rights won’t get priority under the Tinubu administration,” the statement said.
“Using laws that do not conform with constitutional guarantees and international human rights standards like the Cybercrimes Act erodes democracy and the rule of law in Nigeria,” it added.
The groups stated that Nigerian authorities must “demonstrate tolerance for peaceful dissent and press freedom if citizens are to hold them accountable on their constitutional oaths, commitments, and promises.”
“We are concerned that Nigerian authorities have continued to use the Cybercrime Act to normalise the repression of the rights of journalists, bloggers, human rights defenders, opposition politicians, artists, and other Nigerians.”
They also criticised the National Broadcasting Commission’s regulations, saying they were being “disguised as broadcasting codes which have been used to intimidate and harass media professionals.”
“Impunity for those who threaten, intimidate, and harass journalists, bloggers, and activists exacerbates the hostile environment for these defenders of constitutionally and internationally guaranteed human rights in Nigeria.”
According to them, “press suppression has taken several forms in recent times, including extrajudicial actions, unlawful detentions, malicious prosecutions, and the misuse of laws and enforcement agencies.”
The groups observed that since the 2024 amendment of the Cybercrime Act, “authorities have persistently used section 24 on ‘cyberstalking’ to arbitrarily arrest, detain, and prosecute social media users, activists, and journalists.”
They noted a disturbing trend in the increasing reliance on criminal defamation and repressive laws to crush dissent, with frivolous lawsuits filed against journalists and rights advocates.
“We are also concerned about the persistence of threats to journalists’ safety and the chilling effect of SLAPPs (strategic lawsuits against public participation) and harassment by security agencies and politicians,” they stated.
They stressed the vital role of journalists and activists in society, asserting: “The right to freedom of expression applies to all kinds of information and ideas, even those that may shock, offend, or disturb—regardless of the truth or falsehood of the content.”
The statement further argued that “Section 24 of the Cybercrimes Act 2024 is a harshly punitive approach to addressing stalking and harassment and lacks safeguards against misuse, especially in the context of journalism and peaceful expression.”
They recalled the ECOWAS Court’s March 2022 ruling that “declared section 24 of the Cybercrime Act arbitrary and repressive, in violation of Article 9 of the African Charter and Article 19 of the International Covenant on Civil and Political Rights,” and ordered Nigeria to amend the law accordingly.
However, the groups noted that despite the 2024 amendment, “section 24 remains vaguely worded and open to abuse.”
They warned that the term ‘cyberstalking’ under section 58 is defined so broadly that it could be misused against legitimate freedom of expression.
“Stories published online are now criminalised as ‘offensive’, ‘annoying’, or ‘obstructive’, even when they are factual. Furthermore, content previously published legally in traditional media is being targeted once republished online.”
The groups called on President Tinubu to publicly instruct state governors, the Nigeria Police Force, and the Department of State Services to respect the rights of all citizens.
They also urged the Attorney General to push for immediate reforms and ensure that laws align with the Constitution and Nigeria’s international human rights commitments.
“We urge the National Assembly to promptly review and revise the Cybercrimes Act and similar restrictive laws in line with Nigeria’s obligations on human rights and media freedom,” the statement concluded.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
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