By Joy Odor
Pellumi Olajengbesi, the Managing Partner of Law Corridor Abuja has strongly call for the urgent amendment of the Cybercrimes Act 2015, saying the law was manipulated to suppress press freedom.
He maintained that the political class deliberately manipulated the provisions of the law to police journalists and suppress freedom of expression and thoughts, while abandoning its primary objectives.
According to him, the law was enacted based on the understanding that threats to information and communication technology are a danger to Nigeria’s national security, affecting the country’s economic, political and social fabric.
Olajengbesi made the case in his keynote address as a Guest Speaker at the Nigeria Union of Journalists (NUJ) Correspondents’ Chapel end-of-year Symposium with the Theme: ‘Understanding the Cybercrime Act 2015, The Media Ethics Perspective’ in Abuja on during the weekend.
Olajengbesi harped on the need for journalists to be vigilant to the ethical standard of the profession, saying free media is crucial to a true democracy and challenge journalists to beam their searchlights on various activities happening at the local government levels to enhance effective reportage.
Recall that the Cybercrimes (Prohibition and Prevention) Act was signed into law on the 15th of May 2015 by then-president Goodluck Ebele Jonathan at the twilight of his administration.
The Act also ensures the protection of critical national information infrastructure, and promotes cybersecurity and the protection of computer systems and networks, electronic communications, data and computer programs, intellectual property and privacy rights
“It is therefore crucial to submit and caution that the imperative of enacting the Cybercrime Act was not to regulate the activities of journalists. Journalism is a renowned and decent profession with high ethical standards. It is one of the noblest and oldest since the days Rome circa 59 Before Christ.
“However, no one who indulges in the activities criminalised by the Cybercrime act can be rightly referred to as a journalist.
“That said, it is sad to note that Government and the political class in Nigeria have deliberately manipulated the provisions of the Cybercrime Act to police journalists and suppress freedom of expression and thoughts, while abandoning the primary objective of the law.
“Authorities in Government have attempted to silence opposition views in the online media through arbitrary interpretation and abuse of the Cybercrimes (Prohibition and Prevention) Act, 2015, particularly section 24 of the Act which addresses offensive and annoying statements on the internet otherwise known as cyberstalking, and several journalists, bloggers and individuals have been arrested in this regard.
“Stories, articles and expressions published online have been deemed offensive, insulting or annoying with actionable consequences under the said section even when the stories are factual. While some stories published through traditional media outlets (print and electronic) that were never sanctioned by the government have been attacked by the same government upon being rebroadcast or republished through online platforms. The government considers these repost offensive and libellous because of the rising influence of online platforms in Nigeria as major sources of information dissemination.
“Clearly, the government have used the accusation of cyberstalking to harass and press charges against online and traditional journalists for expressing views that are considered unfavourable to the government as some examples will illustrate,” Olajengbesi said.
He called on the government to apply the law properly to suit the sensibility for which it was enacted for while also stressing the need for media houses, firms and practitioners to operate by the superintending ethics of the media profession.
In his good will message, the Executive Director of Global Rights, Abiodun Baiyewu affirmed that only free press can hold government accountable to the people.
Represented by his Program Manager, Mr. Edosa Oviawe, Baiyewu noted that successive governments have tried in every way, and still do, to restrict or gag the media to see that they dont perform their constitutional duties rather Nigerian journalists have weathered the odd.
According to him, in the midst of intimidation, attacks and restrictions, media have kept the government on its toes.
“If you look at the history of journalism in Nigeria, it is one story I will call resilience in the face of restrictions and attacks. That is so because we all know how much sacrifice journalists have made in Nigeria to get us to where we are at this time.
“Successive governments have tried in every way, and still do, to restrict or gag the media to see that they dont perform their constitutional duties. But Nigerian journalists have weathered the odd.
“In the midst of intimidation, attacks and restrictions, they have kept the government on its toes. Who would have thought that in the year 2022, we will still be leading a campaign to say #FreeAminu just for expressing an opinion and he is arrested and maltreated.
“If one person could have to face that, you can imagine how much some of our journalists have passed through,” he said.
Also in her remark, Busola Ajibola, the Deputy Director, Journalism Programme (CJID) warned that with the kind of accountability structures that Nigeria have now, the country still have a democracy that is near dysfunctional, lamenting how worse will it then get when the freedom of the press is suppressed.
She observed that Nigeria have leaders who despise accountability, who despise transparency, so it is important that signal should be sent that when you see journalists doing their jobs, trying to ask basic questions, it is because the constitution has obligated them to do so.
Ajibola maintained that Journalists are not anybody’s enemies but just people doing their job that is essential to the survival of democracy, vowing that if Nigeria do no have a vibrant media that courageous and bold enough to ask the right questions, then the rights of the people would be trampled upon
“That brings to all of us the question of whether we really want our journalists to be activated. With the kind of accountability structures that we have now and we still have a democracy that is near dysfunctional, how worse will it then get when the freedom of the press is suppressed? Where are we going to be?
“We have leaders who despise accountability, who despise transparency and it very important that we send that signal that when you see journalists doing their jobs trying to ask basic questions it is because the constitution has obligated them to do so. It is because the people have handed over the church of investigating how the society is being run to journalists and they are expected to report back to the people and the people alone.
“Journalists are not anybody’s enemies. They are just people doing their jobs and this is a job that is essential to survival of democracy. If we do no have a vibrant media that courageous and bold enough to ask the right questions, then the rights of the people would be trampled,” Ajibola said.
She advised journalists not to use the freedom to constitute a nuisance but where it concerns accountability, journalists must act my as accountability does not constitute a nuisance.
Mr. Jide Oyekunle, the Chairman, Nigeria Union of Journalists (NUJ) Correspondents’ Chapel FCT Council has enjoined all it’s members to keep abreast of the provisions of the Cybercrime (Prohibition and Prevention) Act 2015 in the discharge of their statutory duty as Nigeria heads towards 2023 general elections.
He made the call in his speech at the Nigeria Union of Journalists (NUJ) Correspondents’ Chapel end-of-year Symposium with the Theme: “Understanding the Cybercrime Act2015, The Media Ethics Perspective” in Abuja on Saturday.
“The Cybercrime Act prohibits cyber stalking to effectively regulate the spread of false stories and sometimes also indecent or unethical images online.
“Section 24 (1a) of the Act states that any person who knowingly or intentionally sends a message or other matter by means of a computer system or network that is grossly offensive.
“The Act was signed into law by the former President Goodluck Jonathan in 2015 to tackle cyber fraud and boost the country’s digital economy but has been manipulated by the political class to suppress and undermine press freedom and freedom of expression” he said.
The FCT Correspondent Chairman affirmed that the civic and media space have continued to face challenges due to multiple government regulations which seem to have affected
press freedom as an essential requirement for democracy to strive.
Mr. Oyekunle observed that in all modern democracies, Press freedom is not absolute, lamenting that it is no longer news that Nigeria has continued to perform badly in the Press Freedom Index over the years with the recent report on Freedom of Expression (FOE) by the Media Foundation for West Africa (MFWA) which puts Nigeria in second place behind Ghana as the worst and repressive country in West Africa.
According to the report, he stressed, Nigeria recorded 5 cases of freedom of expression violations i.e three physical attacks on journalists and two attacks on media houses just between January-March 2022.
“Section 39 of the 1999 Constitution (as amended), which gives the press the statutory role of watchdog, is curtailed by Section 45 of the Constitution that unequivocally states that the role of the Press as provided in Section 22 can be abrogated by any law reasonably justifiable in a democracy”.
The FCT Correspondent Chairman emphasised that journalism is not a crime, journalism is not an opposition, journalism is the oxygen of democracy and positive change and development of any democratic society.
He assure that Correspondent would do everything within its power to ensure that the members adhere strictly to ethics of the profession and also observe the extant laws regulating and guiding the operation of media in Nigeria.
“At this point it is expedient to state here that the Nigeria Union of Journalists will be firm and resist any measure or action capable of threatening press freedom or infringing on the rights of any journalist in Nigeria particularly Federal Capital Territory.
“We will continue to uphold and protect the fundamental objectives of the directive principles of the state policy as set out in Chapter 2 of the Constitution irrespective of the intimidation, harassment, persecution and arrest.
“If democracy is about good governance, transparency and accountability then press freedom should not be curtailed, denied, restricted or taken away” he said.
