For using profane language on other
people or pelting them with insults or abusive words on social
networking sites, Internet users in Nigeria risk a jail term that ranges
between 12 months and five years.
Section 18 sub-section 1 of the
Cyber-Crime Bill 2013, which is pending before the House of
Representatives, expressly states that anybody who “insults publicly,
through a computer system or network” commits an offence and will be
liable on conviction to imprisonment “for a term of not less than five
years or to a fine of not less than N10m or to both fine and
imprisonment.”
Also, the bill prescribes a jail term of
five years for anyone who circulates or makes any racist and xenophobic
material available online.
Continue reading after the cut...
Cyber-criminals, who hide under the
anonymity of the Internet to bully, harass other users of online
platforms also risk jail terms when the law comes into full force.
Section 15 of the bill, which deals with
issues of cyber-stalking, prescribes a jail term of 12 months for anyone
found guilty of posting messages deemed “grossly offensive, indecent,
obscene” or messages aimed at “causing annoyance, inconvenience or
needless anxiety” to another online user.
Besides, anyone who bullies, threatens or
harasses another person, through “information and communication
technologies” or posts messages online that contains “threats to kidnap
or injure” another person will be jailed five years or pay a fine of
N15m or both.
According to the bill, Internet service
providers will be required to keep all traffic data and subscriber
information for the purpose of prosecuting those suspected of committing
cyber-crimes.
The service providers are expected to
provide necessary assistance towards the identification, apprehension
and prosecution of offenders, failure of which makes them liable to
fines and or jail terms.
Part V, Section four of the bill
prescribes the Office of the National Security Adviser as the
co-coordinating body for all security and enforcement agencies when the
bill becomes law.
One of the high points of the law is the
prescription of death sentence for anyone who commits an offence against
what it calls “critical national information infrastructure” which
results in death.
Legal experts in the country have
welcomed the efforts of the National Assembly to bring about a
comprehensive law that will ensure orderliness on the cyber space.
According to them, the essence of such a
law — coming rather too late — will go a long way in ensuring that
people don’t suffer from acts of defamation and damaged reputation on
social networks.
The Chairman, Ikeja Branch of the Nigeria
Bar Association, Mr. Monday Ubani, says it is commendable that a law to
regulate behaviour and activities which take place online is coming
into force.
But he warns that the law, which seeks to
protect the interest of people in the ever evolving virtual community,
should not be wielded to restrict the constitutionally-guaranteed
freedom of expression online.
He says, “The bill is good for our
democracy. The purpose of law is to regulate human conduct. It is
commendable if there is a law guiding such a very critical area of our
life that records advancement almost on a daily basis.
“Although it is coming rather late, it is
better late than never. Many countries have enacted laws to guide
activities online many years ago. It is commendable that the law is
being contemplated. However, when the bill is passed into law, it must
not be used to oppress the people. The citizenry must express themselves
freely on social media.
“If the people are saying a particular
government policy is not favourable, they still have a right to
criticise the government online as well as agitate and correct anomalies
in the polity; this is allowed under the constitution. Any form of
clampdown on the people under the current democratic dispensation will
not work.”
He adds that Nigerians are free to
challenge any deliberate attempt to use any law(s) to run against the
express provisions of the fundamental human rights of freedom of
expression by going to court to declare them null and void to the extent
of their inconsistency.
Ubani frowns on the inclusion of death
penalty in the cyber-crime bill. Noting that such form of punishment is
no longer in vogue, he says the modern trend is not to kill offenders
but to reform and make them better citizens.
“Why should they be considering death
penalty for crimes against critical national information infrastructure?
Meanwhile, some people are stealing billions of Naira and looting the
national and state treasuries from every angle, thereby rendering many
others unemployed and causing death due to the absence of basic
amenities in the country. Yet, nobody has made them to face the death
penalty,” he adds.
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