TheCable

The Online Publishers Association of Nigeria (OPAN) and the Guild of Corporate Online Publishers (GOCOP) have spoken against the bill for an “Act to Prohibit Frivolous Petitions and other matters connected therewith”.

OPAN condemned the motivation, process and purpose of the bill, which passed its second reading at the senate in a record eight days and is now set for a public hearing, saying it is evidence that the senate is idle.

In statement signed by Olufemi Awoyemi (pictured), its president, OPAN restated its stance with the Nigerian people against the will of the senate.

“We align with the Nigerian public in describing this action by the Nigerian Senate as pure idleness, and an abandonment of the electoral mandate to focus on laws for good governance to deliver increased welfare for the people,” the statement read.

“The Senate is seeking instead to restrict the scope of human freedoms, growth of new platforms of social interaction and public accountability.

“The proposed bill immediately reminds the general public of the infamous Decree 4 of 1984 passed under military rule; one that took away our freedoms.

“The continuous attempt at gagging members of the public was again re-enacted in 2011, when the senate attempted to pass a bill by another APC Senator; for which ironically, the current members of the senate stepped down after extensive public outcry. This appears therefore to be an ongoing project in the Nigerian senate.”

OPA emphasized that the bill is seeking to negate Chapter IV Section 39 of the Nigerian constitution, which provides for freedom of speech, highlighting laws guiding internet use.

“There are laws in other jurisdictions guiding internet use from which we can learn useful lessons from. Examples include the Computer Misuse Act (1990) –UK; Electronic Commerce Regulations (2000) – UK; Electronic Communications Act, 1999 – Australia; Electronic Transactions Act, 1999 – Australia and measures on the administration of Internet Information Services, 2001 – China.

“They are two different issues. While the emphasis on affidavits seeks to tie the hands of the petitioner with a threat of perjury, the extension violates basic human rights, and runs counter to the letter and spirit of certain extant laws: the mischief that the law maker seeks to address in this regard is however already taken care of by other extant laws, to wit:  the laws on libel and defamation.”

OPAN said the people expect government to control offensive or dangerous media and communications, whether old or new, but not to shield dubious, corrupt and fraudulent conduct by public officials.

“Instead of seeing censorship as an untoward governmental intrusion into a domain of legitimate private choice, we believe a more constructive engagement with key stakeholders can elevate the subject to the domain of public interest and help guide an ill-informed Senate towards more enlightened direction.”

“In pushing ahead with this bill, the Nigerian Senate has only succeeded in representing itself as a threat to Democracy. This proposed bill must therefore be thrown out in its entirety as is.”

Similarly, GOCOP urged the senate not to deny Nigerians of their universally recognised right to freedom of expression.

In a statement in Lagos released by Olumide Iyanda, its publicity secretary, the guild said the draft bill to “Prohibit Frivolous Petitions and Other Matters Connected Therewith,” which passed second reading at the senate last week, poses a threat to the freedom of expression and obligation of the media as enshrined the Nigerian Constitution.

“We wish to call the attention of the Senate to the UN Declaration of Human Rights, which guarantees freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers,” read the statement.

“Nigeria is also a signatory to other international statutes like the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and the UN Convention against Corruption, among others.”

It expressed concern that given the inadequate media and internet penetration in the country, the senate could lend itself to any move to discourage further growth.

“As other countries adopt more generous and dynamic approach to the protection of free speech to allow citizens access to information without fear of intimidation, the National Assembly should not shackle the very media for which our present democracy owes it survival.

“Having benefitted from a vibrant media, it is worrisome that the lawmakers have turned around to debate a law which seeks to punish users of online media platforms.

“GOCOP, therefore, calls on the lawmakers to desist from any action that will create fear among media practitioners, online activists and whistleblowers who may become likely targets if the bill becomes law.

“While we continuously campaign for responsible, objective and transparent practice among media practitioners and social media users across platforms, members of the Senate should not restrain access to information to protect politicians and other high ranking individuals who do not want to be held accountable for their actions.”