Aspects of the social media bill to worry about

Here are a few clauses in the proposed social media bill that has got some Nigerians really worried.

Deputy President of the Senate, Ovie Omo-Agege, President of the Senate, Ahmad Lawan and Speaker of the House of Representatives, Hon. Femi Gbajabiamila (NASS media)

Senator Muhammad Sani Musa’s ‘Protection from internet falsehoods and manipulation and other related matters bill 2019’, popularly referred to as the social media bill, has generated quite some controversy and debate since it scaled second reading on the floor of the red chamber.

The bill contains 36 clauses altogether and we've got to admit that it was poorly written.

Pulse has taken the time to go through the lengthy document on your behalf. And since no one intends to bore you with all that legalese and not-so-fluid writing, we’ve highlighted some of the more germane clauses below for your awareness.

What is this bill really about?

There’s a footnote in the document that reads as follows:

“This Act is to prevent Falsehoods and Manipulations in Internet transmission and correspondences in Nigeria. To suppress falsehoods and manipulations and counter the effects of such communication and transmissions and to sanction offenders with a view to encouraging and enhancing transparency by Social Media Platforms using the internet correspondences.”

Among the bill’s aims and objectives are the following words:

“To prevent the transmission of false statements/declaration of facts in Nigeria and to enable measures to be taken to counter the effects of such transmission; to suppress the financing, promotion and other support of online locations that repeatedly transmit false statements/declaration of facts in Nigeria.”

In simpler language, this is a bill that seeks to check the spread of falsehood, fake news and regulate the social media space as we know it, in defense of national security.

Let’s proceed with some of the clauses and punishment for offenders.

Transmission of false statement of facts

(1) A person must not do any act in or outside Nigeria in order to transmit in Nigeria a statement knowing or having reason to believe that :-

(a) the transmission of the statements in Nigeria is likely to :-

(i) be prejudicial to the security of Nigeria or any part of Nigeria;

(ii) Be prejudicial to public health, public safety, public tranquility or public finances;

(iii) Be prejudicial to the friendly relations of Nigeria with other countries;

(iv) influence the outcome of an election to any office in a general election or a referendum;

(v) incite feelings of enmity, hatred directed to a person or ill‑will between different groups of persons; or

(vi) diminish public confidence in the performance of any duty or function of, or in the exercise of any power by the government.

This clause applies where :-

(a) a person that is an internet intermediary fails to comply with a Part 4 Regulation or Remedial Order; (b) the subject material is being transmitted in Nigeria on an online location; and

Sani Musa's bill has caused quite the controversy in Nigeria (Faces International)

(2) Subject to subClause (3), a person who contravenes subClause (1) shall be guilty of an offence and shall be liable on conviction :- (a) in the case of an individual, to a fine not exceeding N300,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b) in any other case, to a fine not exceeding N10 Million.

(b) Where an inauthentic online account or a bot is used :-

(a) to transmit in Nigeria the statements mentioned in subClause (1); and

(b) for the purpose of accelerating such transmission, the person is guilty of an offence under that subClause, shall be liable on conviction -

The President of the Senate, Ahmad Lawan and the Deputy President of the Senate, Ovie Omo-Agege during plenary [Twitter/@OvieOmoAgege] 

 

(c) in the case of an individual, to a fine not exceeding N300,000 or to imprisonment for a term not

exceeding 3 years or to both.