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In recent years, social media has evolved from a platform for entertainment and communication into a powerful tool for political discourse, activism, and civic engagement in Nigeria. Platforms like X (formerly Twitter), Facebook, TikTok, and Instagram have amplified the voices of ordinary Nigerians, giving rise to movements like #EndSARS and #BringBackOurGirls. However, with this increased influence comes increased scrutiny.

The Nigerian government has responded with regulatory efforts that, while aimed at curbing misinformation and harmful content, have sparked concerns about freedom of expression, online surveillance, and digital authoritarianism.

This article examines the far-reaching impact of social media regulations on freedom of expression in Nigeria, analysing legal frameworks, real-life implications, global comparisons, and the future of online rights.

Understanding the Push for Social Media Regulation in Nigeria

Government officials argue that regulation is necessary to combat:

• Misinformation and disinformation

• Cybercrime and digital fraud

• Incitement to violence

• Online harassment and hate speech

• Threats to national security

These arguments have led to actions such as:

• The introduction of the Social Media Bill (2019) — officially titled the Protection from Internet Falsehood and Manipulation Bill.

• The Twitter ban in 2021, after the platform deleted tweets from President Muhammadu Buhari.

• Regulations by NITDA require social media platforms to register with the federal government and follow local guidelines.

While regulation has legitimate aims, critics argue that the government’s approach lacks transparency, is politically motivated, and undermines constitutional rights.

The Legal Landscape: What the Law Says

1. Section 39 of the Nigerian Constitution

Guarantees every citizen the right to “freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference”.

2. International Treaties

Nigeria is a signatory to several international agreements that uphold digital and expressive rights:

• Article 19 of the Universal Declaration of Human Rights

• Article 9 of the African Charter on Human and Peoples’ Rights

3. Existing Cyber Laws

• Cybercrimes Act (2015): Addresses cyberstalking and misinformation but is often criticised for vague language that can be abused.

• NITDA Code of Practice (2022): Requires platforms to remove “prohibited content” and designate a country representative, raising fears of excessive control.

These laws create a complex and often conflicting environment where rights may be curtailed under the guise of national interest.

Case Studies: How Regulations Have Affected Nigerians

A. #EndSARS and Twitter Ban (2021)

The youth-led #EndSARS protest against police brutality gained momentum on Twitter. Live updates, donations, and global awareness were fuelled by tweets and hashtags.

Government Response:

• Twitter was banned for 7 months.

• NGOs and activists were targeted.

• Journalists faced intimidation.

Impact:

• Nigeria lost over $250 million in economic output, according to NetBlocks.

• Trust in digital governance declined.

B. Social Media Crackdowns on Journalists and Bloggers

Numerous Nigerian journalists and bloggers have been arrested or harassed for their online content. For instance:

• Agba Jalingo, a journalist, was arrested over Facebook posts criticising a state governor.

• Activists are increasingly surveilled or flagged for “inciting public unrest”.

How Social Media Empowers Nigerian Voices

Despite these restrictions, social media remains a lifeline for free expression, especially among:

• Youth and students

• Civil society organizations

• Marginalized groups (women, LGBTQ+, rural populations)

• Startups and digital entrepreneurs

Key benefits include:

• Real-time citizen reporting

• Counter-narratives to state media

• Access to global audiences

• Political mobilization

By regulating these platforms too harshly, Nigeria risks silencing important voices and weakening democratic engagement.

Arguments For Regulation (and the Fine Line)

To be balanced, it’s important to acknowledge why some regulation may be necessary:

✅ Benefits of Reasonable Regulation:

• Protecting vulnerable groups from online abuse

• Reducing hate speech and ethnic violence

• Minimizing cybercrime and scams

• Holding platforms accountable for content

But the key challenge is ensuring regulations are:

• Transparent

• Proportionate

• Respectful of rights

• Monitored by independent bodies

Without these, regulations risk becoming tools of oppression.

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Global Perspective: How Other Countries Handle It

Compared to these, Nigeria’s approach is perceived as more punitive and arbitrary, with fewer checks and balances.

The Digital Economy: What’s at Stake?

Nigeria’s fast-growing digital economy depends heavily on tech freedom and internet accessibility. Overregulation threatens:

• Foreign investment in tech startups

• Job creation in the digital space

• Youth empowerment through content creation and freelancing

The Startup Act (2022) was a step in the right direction. But conflicting social media regulations could reverse these gains.

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The Role of Civil Society and Public Pushback

Several organisations are fighting back:

• Paradigm Initiative

• Media Rights Agenda

• Civic Hive

• Enough is Enough Nigeria (EiE)

They call for:

• Clear legislation that protects digital rights

• Judicial oversight of government takedown requests

• Public consultation before implementing regulations

• Stronger digital literacy campaigns

Recommendations: Finding the Balance

To preserve free speech while regulating responsibly, Nigeria should:

🔹 Enact a Digital Rights and Freedom Bill

Clearly define online rights and responsibilities to protect citizens from arbitrary censorship.

🔹 Establish an Independent Internet Regulation Body

Separate from government influence, with judicial oversight.

🔹 Promote Transparency from Tech Platforms

Encourage companies like Meta, TikTok, and X to publish regular transparency reports on content takedowns.

🔹 Train Law Enforcement on Digital Rights

Avoid the misuse of cybercrime laws to intimidate critics.

Conclusion

Social media regulation in Nigeria is a double-edged sword. While it can prevent online harm, it must not be used to suppress dissent, silence critics, or limit access to information. For Nigeria to thrive as a democratic, digital nation, it must build a framework that respects freedom of expression while promoting accountability and truth.

The path forward lies in balanced regulation, inclusive policymaking, and continuous dialogue between government, tech companies, civil society, and the people.

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