Internet Freedom

By ‘Gbenga Sesan and Mark Stephens

Nigeria stands on the cusp of great progress in the information and communication technology (ICT) sector, owing to diverse efforts by mostly youth-led entrepreneurs and collaborations. In recent years, policymakers and economic experts alike have come to appreciate this reality, looking beyond an annual budget built around oil barrels to better measure the country’s diverse economic potential. Startup hubs are sprouting up across the nation; huge investments are being made in capacity building; a critical mass of Nigerians now have access to telecommunications services, and the government is finally exploring the economic potential of the  ICT sector. These indicators position Nigeria as a possible leader of Africa’s emerging digital economy.

Nevertheless, a major obstacle remains. Around the world, the global digital economy is built upon the foundation of strong legal and policy frameworks, often grounded in international human rights law, which protects the actors within it. Individuals and organizations only thrive and invest in the digital sector when there is a legal certainty, regulatory trust, and rule of law that ensures that the rights of users are respected and that the interests of citizens, businesses, and the government in the digital age are protected.

This is not yet the case in Nigeria. Although the country’s constitution mentions certain rights, there are many laws—nominally in place to protect against legitimate concerns over cybercrime and terrorism— that are ripe for manipulation, leading to clampdowns and digital rights violations. Experience shows that the resulting uncertainty, abuses, and lack of trust will hinder innovation and experimentation by entrepreneurs, chill the critical work of journalists and advocates who use the Internet to improve government services and foster accountability and limit investment by technology platforms. The collective pushback against the proposed “Frivolous Petitions Bill” demonstrates Nigerian citizens’ recognition of such risks

But this could change with the stroke of a pen.  The Digital Rights and Freedom Bill, which was developed through deliberate, multistakeholder consultations, and has been passed by both houses of Nigeria’s Congress, provides a comprehensive legislative framework that describes and clarifies relevant obligations and responsibilities for human rights online.  Making it law will boost Nigeria’s burgeoning Internet economy, improve governance, and further Nigeria’s position as a regional and global leader in information, communications, and technology issues.

The Digital Rights and Freedom Bill addresses a range of critical digital policy issues, such as data in the cloud; surveillance and a lawful interception; data privacy; and freedom of expression online. The bill also provides for the protection of citizens from errant behaviours such as hate speech and misinformation, as defined by a competent court of law. Overall, the bill addresses key challenges, provides regulatory clarity, and safeguards users rights, all while maintaining a preference for “openness”, which the OECD and many others have noted is vital for boosting trade, enabling innovation and entrepreneurship, fostering new, creative and cost-saving business models, and enriching social well-being.

The Bill presents Nigeria with the opportunity to build an effective digital economy with a robust policy framework that protects businesses and secures human rights, complementing ongoing efforts by citizens, civil society, the private sector, government and other actors. The Digital Rights and Freedom Bill will further cement Nigeria’s reputation as a pioneer in progressive, positive legislation in a world where repression, clampdowns, violations and dangerous laws are on the rise.  We urge the national assembly to transmit the bill to President Muhammadu Buhari for his presidential assent. We also urge the President to give his assent to the bill immediately it reaches his desk.

‘Gbenga Sesan is the Executive Director of Paradigm Initiative, a social enterprise he founded in 2007 to improve livelihoods of underserved youth through provision of ICT-enabled support system and entrenchment of digital rights. 

Mark Stephens, CBE has served as the Independent Board Chair of Global Network Initiative since 2014. A partner at UK firm Howard Kennedy, Stephens has undertaken some of the most important freedom of expression and privacy cases in the United Kingdom and around the world. 

A digital rights expert and the Executive Director of Paradigm Initiative, ‘Gbenga Sesan has called for an end to attempts by governments in Africa to impose taxes on the digital platforms, saying such attempts are dangerous to the economic and democratic development on the continent.

Sesan made this call on Thursday at the 2018 Tanzania School of Internet Governance where he was a faculty member. It would be recalled that the Tanzanian government recently imposed a license fee of $900 on bloggers in the country, while Uganda also imposed a daily tax on the use of social media and mobile money.

“The levy imposed on digital content creators in Tanzania is not an isolated violation of digital rights but the manifestation of a trend across the continent. From Uganda’s social media tax to Cameroon’s shutdowns and Nigeria’s clampdown incidents, among others, freedom of expression online is under threat for many reasons, including the fact that digital platforms have become a major channel for citizens’ expression around governments’ poor service delivery to citizens. It is important to see these issues from the pan-African perspective as we engage with the context of our varied experiences” Sesan said.  

Sesan was a member of Nigeria’s Presidential committees on Harmonization of Information Technology, Telecommunications and Broadcasting Sectors (2006) and Roadmap for the Achievement of Accelerated Universal Broadband Infrastructure and Services Provision (2013), and is a vocal advocate for digital rights and inclusion in Africa. He took participants on “Advocacy Communications,” walking participants through the process of effective advocacy.  

For more information on this release, please send a mail to Sodiq Alabi via media@paradigmhq.org.

A digital rights expert, Tope Ogundipe has urged citizens of various African countries to use their power in the defense of digital rights and other human rights on the continent. Ogundipe, who serves as the Director of Programs at Paradigm Initiative, was speaking recently at a digital rights workshop organized by Paradigm Initiative and held in Yaounde, Cameroon.

Ogundipe, who facilitated several sessions at the workshop, said “Citizens cannot afford not to get involved in the advocacy in defense of digital rights. Digital rights are as important as other human rights, as the digital space has become a most important center for economic activities, access to emergency services and platform for exercising freedom of speech and free press”

“Citizens’ rights to express themselves online and offline, gather and disseminate information and ideas are important to the fate of democracy in Africa. Not only that, absence of data privacy and protection,  illegal and blanket surveillance, internet shutdowns, and other rights violation all impact negatively on democracy and the economic development of a country. It is the centrality of digital rights that makes them the business of all citizens,” Ogundipe said.

Many African countries have recorded several cases of digital rights violations in the last few years. These include the 2017 internet shutdown in Cameroon, arrest, and persecution of bloggers and journalists in countries including Nigeria, Egypt, and Ethiopia. The absence of data privacy and protection law in the majority of the countries also make them an easy target of data breach and abuse.

The digital rights workshop is an initiative of Internews and Paradigm Initiative and received support from Cameroon-based Afro Leadership and Centre for Youth Education and Economic Development. The two inaugural workshops were held over a 4-day period between May 2 and May 6, 2018, and welcomed sixty participants from different regions of Cameroon. Resource persons at the workshop include Rigobert Kenmogne, Google Policy Fellow with Paradigm Initiative, Sodiq Alabi, the Communications Officer of Paradigm Initiative, Charlie Ngouno, the Founder of Afro Leadership, and ‘Gbenga Sesan, the Executive Director of Paradigm Initiative.

For more information on this, please send a mail to media@paradigmhq.org.