The Nigerian Bar Association,
senior lawyers and human rights groups on Tuesday took a swipe at the Federal
Government for raising the fine for hate speech from N500,000 to N5m.
The NBA and others, in separate
interviews, said the hike was an attempt
to stifle the media and kill free speech through an unconstitutional means.
The Minister of Information and
Culture, Alhaji Lai Mohammed, while unveiling the reviewed Nigeria Broadcasting
Code earlier on Tuesday in Lagos,
disclosed that the fine for hate speech had been increased to N5m.
Justifying the decision, Mohammed
said, “We remain unperturbed, because we are acting in the national interest.
The broadcasting code is not a static document. As we often say, broadcasting
is dynamic. Therefore, even the sixth edition of the code shall be reviewed at
the appropriate time.”
He stated that the new code included,“the provision raising the fine for
hate speech from N500,000 to N5m.”
Mohammed said the amendments were
necessitated by a presidential directive for an inquiry into the regulatory
role of the National Broadcasting Commission and conduct of broadcast stations
before, during and after the elections.
The minister said the
recommendations were approved by the President, Major General Muhammadu Buhari
(retd.), to reposition the NBC to perform its regulatory role better, mostly in
the areas of political broadcasting, local content, coverage of emergencies,
advertising, and anti-competitive behaviour.
He noted that the reviewed code
also had provisions on exclusivity and monopoly, prohibiting exclusive use of
rights by broadcasters who intended to create monopolies.
The minister said this would
boost local content and encourage open access to premium content.
He explained that sub-licensing
and rights sharing created opportunities for local operators to also gain
traction and raise revenue for their services.
Mohammed also noted the law
prohibiting backlog of advertising debts would promote sustainability for the
station owners and producers of content.
Recall that a senator from Niger
State, Sabi Abdullahi, last year presented a bill seeking death penalty for
hate speech.
But following criticisms by Nigerians, the senator said he would amend
the bill to remove death penalty as the maximum punishment for hate speech.
The bill, which passed the first
reading in November 12, 2019, has yet to progress to the second reading.
But the Minister of State
(Transportation), Gbemi Saraki, in an interview with state House correspondents
after the Federal Executive Council meeting in November 2019, said hate speech
bill was already captured in the country’s cybercrime law.
Nine months after the controversy
generated by the hate speech bill died down, the NBA, two SANs and human rights
groups on Tuesday faulted the Federal
Government for hiking the fine for it.
Hike in hate speech fine unconstitutional attempt to gag the media –
NBA
The NBA described the
astronomical increase in the hate speech fine in the newly introduced
broadcasting code as an unconstitutional attempt to gag the press.
The NBA said this through its
outgoing National Publicity Secretary, Mr Kunle Edun, while responding to request
for the association’s position on the Federal Government’s new policy.
Hike anti-people – Lawyers’ association
Edun said the 900 per cent
increase in the fine was anti-people. He
stated, “This is an unconstitutional attempt at gagging the press. The press as
the fourth estate of the realm plays the constitutional role of a watchdog of
our democracy in the face of increasing impunity, seemingly official policy of
disobedience of court orders, sheer exhibition of rascality by some of our
security agencies and unbridled corruption in government.
Be more concerned about killings, NBA advises FG
“Gagging the press by increasing
the fine for hate speech by 900 per cent is anti-people. The government should
be more concerned about how to improve
the welfare of Nigerians, stop the senseless killings in the country and give
the people some hope that they have a government that cares. It is the failure
of these core responsibilities of government that causes disaffection in
society.
“These are the root causes and
that is what government should deal with
primarily, not scratching the surface.”
On his part, a Senior Advocate of Nigeria, Mr Seyi
Sowemimo, said penalty increment was not the best way for curbing hate speech
in the face of widespread divisiveness in the country.
The SAN also doubted whether the
fine could be enforced or not since it was imposed by a code made by the
minister and not by the National
Assembly, which is the body with the constitutional powers to make laws.
Sowemimo said, “It is difficult
to really define hate speech in the context of the ethnic animosity and
divisiveness that pervade the land. I am not sure increasing the penalty from
N500,000 to N5m is the best way of discouraging hate speech. The ethnic animosity
and divisiveness that pervade our society are some of the things that make
people make statements that are being termed hate speech. I don’t think hate
speech is the real problem that we have in our country now and so, I don’t see
that this measure will serve any useful purpose.
“Besides, I think this fine for hate speech is going to be
difficult to enforce. I don’t see how the minister and some people will make a
code and increase fine for hate speech from N500,000 to N5m. Until there is a
law made by those who are charged to make laws, and not a code, I don’t see how
this will be enforced.”
It’s an expression of Buhari govt’s despotism, dictatorship – Ozekhome
Also, Mike Ozekhome, SAN,
described the increment in the fine for hate speech as unconstitutional.
The constitutional lawyer warned
that if the Federal Government ever attempted to enforce the provision, it
would be challenged and outlawed.
He described the move as an
expression of intolerance, despotism and dictatorship.
Ozekhome said the code also
lacked the force of law and should not be taken seriously.
He said, “The constitution has
permitted freedom of speech and freedom to hold opinions. Once the constitution
has done that, no law, not even an Act of the National Assembly, also called
Act of Parliament, can derogate the clear provisions of the constitution, not
to talk of a mere code of conduct for broadcasters.
“The code of conduct for
broadcasters, as the name suggests, is just a directive to broadcasters on what
to do and what not to do. It is persuasive; but to go as far as putting a fine
of N5m for hate speech, it means they are turning a code into a law and into a
provision of the constitution.
“If they do it to anybody and the
person challenges it in court, the court will declare that section of the
document null and void and of no effect. They do not have the power to do that
kind of a thing. It is outrageous, unnecessary, constrictive and it closes the freedom of speech space and
enthrones illegality, despotism and dictatorship.”
Ozekhome said he was not
surprised by the action to gauge free speech, saying the Federal Government was
“intolerant of divergent opinions, plurality of ideas, right activists and
anything that does not go according to its wills and caprices.”
“It is a government that wants
everybody to lie down facing the same direction. They don’t believe anybody is
entitled to superior arguments. To such extents, they are narcissistic and
self-opinionated,” he added.
It’s an attempt to stifle free press – International Press Centre ED
Speaking to The PUNCH, the
Executive Director, International Press Centre, Lanre Arogundade, described the
increment as an attempt to further stifle free press.
Arogundade wondered what the
criteria would be for determining what constitutes hate speech.
He said there were agencies of
government that could enforce the crime of hate speech and there were already
relevant laws that addressed the issue of hate speech.
The IPC director, therefore,
stated that it was wrong of the government to arbitrarily increase the fine for
hate speech by 10 times.
Arogundade said, “I still need to
go through the details but I think imposing a fine of N5m for hate speech is
excessive and arbitrary. You ask yourself, who will this fine be targeted at. I
think this is just an attempt to muzzle the media. Quite frankly it is not okay
because there are other regulatory agencies that deal with hate speech.
“This is just a way of stifling
the voice of difference in the society because the question arises that who
defines hate speech. If for instance, the minister of health fails to perform
his function as regards COVID-19 and people are dying due to neglect and the
deaths are attributed to the minister, will that be tagged hate speech? So, I
think it is an attempt to curb criticism of the government.
“When government is losing
support of the people, they come up with these sorts of regulations. For me, it
is an attempt to intimidate the citizens and prevent them from expressing their
true feelings on the failure of the government and it will not stand the test
of time.”
The Executive Director of the Centre for Public
Accountability, Olufemi Lawson, said,
“The imposition of fine against perpetrators of purported hate speech by the
Federal Government is a condemnable clear attempt at gagging free speech and
the constitutionally guaranteed freedom of expression of the Nigerian people.
“The hate speech classification
as of today is backed by no law, other than some executive orders, which are
reincarnations of the days of military decrees under the regimes of military
juntas.
“We have often said and remain of
the opinion that whenever anyone is found to have made statements considered
enough as ‘hate speech’ the instrumentality of our existing laws, including
such that can be used to prosecute for libel, should be applied.
“This country is no longer under
a military rule, where someone somewhere in an executive corner, can wake up to
impose fines on citizens, without recourse to the courts of the National
Assembly. This is arbitrary and we will surely challenge this, as citizens of
this country
Address killings in Southern Kaduna, group tells FG
Also the Media Associate, Resource Centre for Human
Rights and Civic Education, Armsfree Ajanaku, in an interview with The PUNCH,
condemned the fine.
He said, “Our position is that
while it is good to take strong steps to deter hate speech, we believe raising
a fine is a cosmetic approach to solving the problem. The fundamental question
is ‘What in the opinion of government constitutes hate speech?
“We hope this is not a ploy to clamp down on
free speech. The next important thing is that if the government is keen on
criminalising hate speech, what has it done to end actual hate crimes in which
lives are lost. We can see the mindless killings happening in Southern Kaduna
and other parts of the country; is government also going to impose fines for
lives lost?”
Ali backs fine hike
But SAN, Mallam Yusuf Ali, said no penalty was
too much to impose on makers of hate speeches because hate speech had the potential
to destabilise society.
Ali said, “First, it is when
society exists that we start to talk about rights and obligations. When society
goes under, it is everybody to himself, God for us all. We have to look at the
consequences of hate speech. Hate speech could cause a war. It could promote communal clashes, which are
happening in Nigeria already. It could
lead to the breakdown of law and order. And without peace, there can’t be
progress; without progress, there can’t be sustainable life.”
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