Scrap Cybercrimes Act Abuse, SERAP, Editors Urge | #cybercrime | #infosec


The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors have urged President Bola Tinubu’s government to end the use of the “draconian” Cybercrimes Act to target journalists, activists, critics, and ordinary Nigerians for peacefully expressing their opinions online.

In a joint statement released on Sunday and signed by SERAP Deputy Director Kolawole Oluwadare and the Guild’s General Secretary, Dr Iyobosa Uwugiaren, the two organisations also called for the immediate release of those currently detained under the legislation.

“The use of the Cybercrimes Act to imprison individuals for peacefully expressing their views sends a chilling signal that the Tinubu administration does not prioritise human rights,” the statement read.

They argued that laws such as the Cybercrimes Act, which fall short of constitutional protections and international human rights standards, threaten democracy and the rule of law in Nigeria.

The groups emphasised that for government officials to be held accountable, they must tolerate peaceful dissent and respect press freedom. They expressed particular concern over what they described as the continued use of the Act to suppress journalists, bloggers, rights defenders, opposition figures, artists, and other citizens.

They also criticised the misuse of National Broadcasting Commission regulations—often disguised as broadcasting codes—saying these tools are employed to intimidate and harass media practitioners.

“Impunity for those who threaten, intimidate, and harass journalists and activists has worsened the hostile climate for defenders of constitutionally and internationally protected rights,” they said.

According to the statement, press suppression in Nigeria now includes extrajudicial actions, unlawful detentions, malicious prosecutions, and the abuse of legal processes.

They highlighted the frequent application of Section 24 of the Cybercrimes Act (2024 amendment), which addresses “cyberstalking”, stating it has been repeatedly used to arrest, detain, and prosecute social media users and journalists arbitrarily.

They also expressed concern about increasing reliance on criminal defamation and strategic lawsuits against public participation (SLAPPs), often brought by politicians or officials to silence criticism.

The statement asserted that freedom of expression applies even to views that “shock, offend, or disturb”—regardless of their perceived truthfulness—and warned against the criminalisation of factual or legally published material when it is republished online.

The groups noted that Section 24 remains inconsistent with Section 39 of the Nigerian Constitution and Article 9 of the African Charter on Human and Peoples’ Rights. They referenced a 2022 ruling by the ECOWAS Court, which found the provision to be vague, arbitrary, and incompatible with international human rights standards.

Despite amendments in 2024, they warned that the term “cyberstalking” remains overly broad and vulnerable to misuse. They criticised the law’s punitive stance on online content deemed “offensive” or “annoying”, saying it lacks proper safeguards, particularly in cases involving journalism or peaceful expression.

They called on President Tinubu to direct governors, police, and intelligence agencies to respect citizens’ rights. The Attorney General was also urged to initiate reforms to align laws with constitutional and international obligations.

Finally, the National Assembly was asked to urgently review and revise the Cybercrimes Act and other restrictive laws to uphold human rights and press freedom.



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