By: Katherine Grzadkowska, Junior Research Associate, PILPG-NL
Since June 4, 2021, President Muhammadu Buhari has suspended the use of Twitter in Nigeria. Buhari's move follows Twitter's removal of his tweet in which the president suggested that secessionists in the South of the country would be met with violence. The social media platform swiftly removed the president’s post as it violated Twitter’s policy against expressing “a desire for death [or] serious bodily harm” against a group of people. Buhari’s government insists that the Twitter ban is necessary, claiming that the social media platform is a threat to “Nigeria’s corporate existence” through the spread of “fake news.” Users who circumvent the ban face prosecution and imprisonment. The ban has sparked criticism worldwide from human rights organizations and the African Commission on Human and Peoples’ Rights as an infringement of Nigerians’ fundamental freedoms of expression, association, and access to information.
This blog post will examine Nigeria’s Twitter ban through the lens of applicable international and regional human rights instruments. It assesses whether Nigeria’s Twitter ban poses a severe infringement on Nigerians’ fundamental freedoms and socio-economic human rights.
Freedom of Speech, Opinion, and the Right to Receive Information
Many international/regional treaties and national constitutions articulate the fundamental freedoms of speech, opinion, and the right to share information. Article 19 of the International Covenant on Civil and Political Rights (ICCPR) provides that everyone has the right to “hold opinions without interference” as well as “the right to freedom of expression.” This includes the right “to seek, receive and impart information and ideas of all kinds” in any form and through any media of the speaker’s or author’s choice. Article 9 of the African Charter on Human and Peoples’ Rights (African Charter) echoes the ICCPR and also enshrines the right to receive information and express and disseminate opinions. Domestically, Section 39 of the Nigerian Constitution provides for freedom of expression, opinion, and the right to “receive and impart ideas and information without interference.”
The Human Rights Committee (HRC) has said that freedom of opinion and expression is “the foundation stone for every free and democratic society” and integral for the enjoyment of other human rights. As such, restrictions on free speech have to be narrow and limited to matters that threaten “the rights or reputations of others” or national interests such as security, public order, health, or morals.
The Role of Social Media as a Human Rights Facilitator
All of the above-mentioned human rights instruments were enacted before the internet and Twitter existed. Yet, today’s massive social media platforms have become a common means of sharing ideas, communication, and expression throughout the world. All of these activities can be viewed as users exercising their fundamental freedoms of speech, opinion, and association, as well as their right to access information. When social media platforms “are intentionally disconnected or disrupted through deliberate government intervention,” users’ human rights may be endangered. The HRC has established that “internet-based modes of expression” are captured under Article 19 ICCPR and states have to refrain from banning access to social media platforms in a sweeping and indiscriminate manner. The Declaration on Principles of Freedom of Expression and Access to Information in Africa also restricts states from interfering or disrupting public access to “digital technologies” like social media platforms, “through measures such as the removal, blocking or filtering of content, unless such interference is justifiable and compatible with international human rights law and standards.”
The Importance of Twitter in Nigeria
Twitter is an essential source of information, advocacy, and, at times, even livelihood for an estimated 40 million users in Nigeria. Many Nigerians rely on Twitter to find jobs and promote their work, especially in the state’s growing tech sector. As such, the Twitter ban also threatens Nigerian users’ socio-economic right to work as articulated under Article 6 of the International Covenant on Economic, Social and Cultural Rights and Article 15 of the African Charter. Moreover, Twitter is a favored medium of political discussion and activism in Nigerian as recently exemplified in the #EndSARS protests of October 2020 whereby Twitter served as an essential tool for communication and a trusted source for “real-time updates and unfiltered information.” Moreover, according to the African Commission on Human and Peoples’ Rights, social media, such as Twitter, serves as an integral informational forum in the context of the Covid-19 pandemic, allowing users to access and share crucial information and news on the virus.
Conclusion
Social media platforms have become widely used fora for individuals to connect, communicate, and share ideas worldwide. These platforms also allow users to socialize, make a living, and disseminate ideas that foster important political debate. Measures and bans, such as the one imposed in Nigeria, can have a significant impact on users' human rights and fundamental freedoms, especially in developing states and in the context of a global pandemic. Currently, the Nigerian government is in negotiations with Twitter that may restore both access to the social media platform and the country’s obligations under international human rights law.