Via Punch:
Reacting to the threat by the police to charge those who propagate hate speech and perpetrate cyberbullying with cybercrime and terrorism, some Senior Advocates of Nigeria have disagreed over whether or not hate speech could contain elements of terrorism.
Mr Lekan Ojo, quoting from Section II of the Terrorism (Prevention and Prohibition) Act, 2022, noted that the propagation or dissemination of information or information materials in any form calculated to cause panic, invoke violence, intimidate the government, person or group of persons could be an act of terrorism.
He, however, advised the police to exercise caution so as not to be seen as infringing on people’s freedom of expression.
He told one of our correspondents in an interview, “Section II of the Terrorism (Prevention and Prohibition) Act of 2022 was what the police had in mind before making such a statement.
“There are provisions under the Cybercrime Prohibition, Prevention, etc Act (2015), which criminalises the sending of electronic messages on social media, which are offensive and/or calculated to insult, injure or intimidate the person against whom such messages are sent when one knows that such messages are false.
“This means one cannot, under the guise of a campaign, unleash false, insulting and intimidating messages against other persons or candidates of political parties. These laws exist. However, I will advise the police to be cautious in their reaction to such offensive electronic messages so as not to be misunderstood as an attempt to breach or infringe on the freedom of expression of individuals.
“There are some political statements that can be interpreted as terrorism. However, this may not be the case if it has to do with the manifesto of a political party, countering what other people may have said against them.”
‘Cybercrime not terrorism’
Mr Yomi Aliyu (SAN), in an interview with one of our correspondents, queried how hate speech or cyberbullying could qualify as an act of terrorism.
He stated, “Terrorism is generally defined as the act of forcing the will of the minority on the majority by use of arms. How does hate speech and/or cyberbullying come into this? We still have freedom of expression as part of our fundamental rights. The Cybercrime Act prescribes offences under it.
“Thus, it is the relevant law to cyberbullying and not the Terrorism Act except in one’s campaign, one uses words that support insurrection or encourage war against the state.”
Similarly, human rights lawyer, Mr Femi Falana (SAN), said the police would be acting against the provision of the constitution by equating cybercrime with terrorism.
He said, “Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, group or organisation. It is a crime under the Cybercrimes (Prohibition, Prevention) Act. It has nothing to do with terrorism. The police and other security agencies should stop labelling every Nigerian a terrorist. Meanwhile, terrorism sponsors and terror suspects are not charged before the Federal High Court by the Federal Government.
“The threat by the police to charge politicians with cyberstalking has become tragic news that should be condemned. As far as I am concerned, politicians are not a special breed of citizens. Therefore, let them be made victims of reckless repression. That may force them to adopt immediate measures to repeal all anti-media legislation.”
Also, Mr Babatunde Ogala (SAN) said it would depend on the action involved, adding that the act must contain terrorism threats before it could be considered as such.
Mr Ifedayo Adedipe (SAN) called on politicians not to engage in uncivilised acts during campaigns, including cyberbullying. He said the police could charge anyone found guilty of cyberbullying, but that it would be wrong to accuse anyone they did not like of terrorism.
He added, “There is nothing wrong in what they propose to do, but I hope before they charge anyone to court, they will get will sound legal advice, possibly from the office of the Attorney-General of the Federation, or the Director of Public Prosecutions, because left to our police, it will be another opportunity to extort money from the citizens.”
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