Nigeria stands on the cusp of great progress in the Information
and Communication Technology (ICT) sector, owing to diverse efforts by mostly
youth-led entrepreneurs and collaborations. In recent years, policymakers and
economic experts alike have come to appreciate this reality, looking beyond an
annual budget built around oil barrels to better measure the country’s diverse
economic potential. Startup hubs are sprouting up across the nation; huge
investments are being made in capacity building; a critical mass of Nigerians
now have access to telecommunications services, and the government is finally
exploring the economic potential of the
ICT sector. These indicators position Nigeria as a possible leader of
Africa’s emerging digital economy.
Nevertheless, a major obstacle remains. Around the world,
the global digital economy is built upon the foundation of strong legal and
policy frameworks, often grounded in international human rights law, which
protects the actors within it. Individuals and organizations only thrive and
invest in the digital sector when there is a legal certainty, regulatory trust,
and rule of law that ensures that the rights of users are respected and that
the interests of citizens, businesses, and the government in the digital age are
protected.
This is not yet the case in Nigeria. Although the country's
constitution mentions certain rights, there are many laws—nominally in place to
protect against legitimate concerns over cybercrime and terrorism— that are
ripe for manipulation, leading to clampdowns and digital rights violations.
Experience shows that the resulting uncertainty, abuses, and lack of trust will
hinder innovation and experimentation by entrepreneurs, chill the critical work
of journalists and advocates who use the Internet to improve government
services and foster accountability and limit investment by technology
platforms. The collective pushback against the proposed “Frivolous Petitions
Bill” demonstrates Nigerian citizens’ recognition of such risks
But this could change with the stroke of a pen. The Digital Rights and Freedom Bill, which
was developed through deliberate, multistakeholder consultations, and has been
passed by both houses of Nigeria’s Congress, provides a comprehensive
legislative framework that describes and clarifies relevant obligations and
responsibilities for human rights online.
Making it law will boost Nigeria’s burgeoning Internet economy, improve
governance, and further Nigeria’s position as a regional and global leader in
information, communications, and technology issues.
The Digital Rights and Freedom Bill addresses a range of
critical digital policy issues, such as data in the cloud; surveillance and a
lawful interception; data privacy; and freedom of expression online. The bill
also provides for the protection of citizens from errant behaviours such as
hate speech and misinformation, as defined by a competent court of law.
Overall, the bill addresses key challenges, provides regulatory clarity, and
safeguards users rights, all while maintaining a preference for “openness”,
which the OECD and many others have noted is vital for boosting trade, enabling
innovation and entrepreneurship, fostering new, creative and cost-saving
business models, and enriching social well-being.
The Bill presents Nigeria with the opportunity to build an
effective digital economy with a robust policy framework that protects
businesses and secures human rights, complementing ongoing efforts by citizens,
civil society, the private sector, government and other actors. The Digital
Rights and Freedom Bill will further cement Nigeria’s reputation as a pioneer
in progressive, positive legislation in a world where repression, clampdowns,
violations and dangerous laws are on the rise.
We urge the national assembly to transmit the bill to President
Muhammadu Buhari for his presidential assent. We also urge the President to
give his assent to the bill immediately it reaches his desk.
*Mark Stephens, CBE has served as the Independent Board
Chair of Global Network Initiative since 2014. A partner at UK firm Howard
Kennedy, Stephens has undertaken some of the most important freedom of
expression and privacy cases in the United Kingdom and around the world.
*‘Gbenga Sesan is the Executive Director of Paradigm
Initiative, a social enterprise he founded in 2007 to improve livelihoods of
under-served youth through provision of ICT-enabled support system and
entrenchment of digital rights.
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