By Sunny Anderson Osiebe
SHORT TITLE: DIGITAL RIGHTS AND FREEDOM BILL, 2016
SPONSOR: HON.DR CHUKWUEMEKA UJAM.
BACKGROUND
There are quite a number of international documents and charters that Nigeria as a nation subscribes to as a member of the international comity of nations that seeks to make the access to and freedom on the Internet a right of citizens. The United Nations Human Rights Council in 2012 adopted a new resolution on the promotion, protection and enjoyment of human rights on the internet. The African Charter on Human and People’s Rights recognizing the African Charter on Human and Peoples’ Rights of 1981, the Windhoek Declaration on Promoting an Independent and Pluralistic African Press of 1991, the African Charter on Broadcasting of 2001, the Declaration of Principles on Freedom of Expression in Africa of 2002, and the African Platform on Access to Information Declaration of 2011 and the African Union Convention on Cyber-security and Personal Data Protection of 2014 advocates for
1. Openness
2.Internet Access and Affordability
3.Freedom of Information.
BILL ANALYSIS
The Digital Rights and Freedom Bill is a proposed law that is intended to guard and guide the today’s Internet user in terms of his freedom, safeguarding his rights and his protection against any form of infringement. The Bill is a 41-page document divided into twenty-six sections including an Interpretation section to conveniently convey the intendments of the proposed legislation. The Bill is divided into seven parts. Each part is to assist for ease of reference to any part of the Bill.
The first part of the Bill details the preliminary goals of the Bills which include its objectives, application (those who the Bill intends to directly affect), Interpretation and the Short Title. The second part deals solely with Fundamental Rights and Freedom. Here, the Bill focuses on the use of Private Data and what will amount to infringement in its use by also providing for expository explanations on what will constitutes an offence by carefully defining them. The third part explains the offences and punishments.
The fourth part of the Bill explains its mode of administration and enforcement which will not only see the Bill when passed into Law as effective but also ensure that it is optimally implemented. The fifth part also discusses jurisdiction and international co-operation on the Bill. Considering the nature of the Bill, in addressing digitalization which is a major tool of globalization in today’s world, this part ensures that an outward disposition is created for the Bill when passed to help Nigeria compete favourably in the international community.
The sixth part of the Bill deals with Searches, Arrests and Prosecution. This is a follow-up on the fourth part of the Bill which espouses administration and enforcement which ensures that the reel of justice is completed in proper implementation of the Bill. The seventh part deals with the miscellaneous part of the Bill as regards Regulations and Schedules.
The Digital Rights and Freedom Bill when passed to Law will show the seriousness of the Nigerian polity in its readiness to have due respect to human rights, attract trust and integrity for foreign investment and place Nigeria within the digital ecosystem it belongs to push the global ICT for Development goals.
JUSTIFICATION FOR THE BILL
A number of reasons justify the drafting of the digital rights bill and which I believe should encourage its speedy passage into law. The following are some of the benefits that will accrue from this bill;
The Bill strengthens citizens’ right to the internet and its free use without undue monitoring – Section 5 of the Bill
( The Bill brings to the fore true owners of personal data which are the owners themselves – Section 10
( The Bill encourages and stipulates due process that should be followed before access is granted to governmental agencies and others to personal data of citizens – Section 12 of Bill
( Nigerian citizens will now have a right to know how data collected about their participation in the online system will be used by the organization – Section 11 of the Bill
( The Bill provides clear definition for new digital terms such as protection of personal data and engaged the terms exhaustively– Section 13 of the Bill
( For the first time, there is a direct provision that tackles how consent must be gotten for collection, use and disclosure of personal data including that of legislators – Section 13(7) of the Bill
( The Bill also provides against Hate Speech Online in Nigeria – Section 20(3) of the Bill. For the first time in the history of Nigeria, and by extension Africa, offences relating to the ownership of personal data, hate speech online is addressed through the instrumentality of this piece of legislation called the digital rights Bill. In recent times the online platform has become a haven for unscrupulous persons to encroaching into the personal space of law abiding citizens of this great country and publishing online contents that are capable of defaming and assassinating the character and reputation of persons who have become victims of massive media onslaught.
(For the first time in Africa, the Bill addresses that equal access be given to everyone to the Internet. This will assist the Nigerian ICT Sector to propel its innovative ideas that is most needed to drive the sector to maximize its potentials.
( This piece of legislation provides for e-governance which refers to the application of information technology for delivery of government services. This is a commendable catalyst, especially at this epoch where government is seeking to diversify its economy. This will assists in helping government deliver faster on its mandates to the Nigerian citizens. Also, this serves as a melting point for the Public-Private Partnership which will help transit Nigeria from a state-controlled economy to a market economy that drives a 21st century compliant economy – Section 19 of the Bill
Beyond the foregoing, Nigeria has a huge demographic, economic and political influence in Africa. The Federal government of Nigeria intends to further extend this leadership position. As can be seen in Nigeria’s development plans and ICT Policy documents, the government is counting on a digital economy that will respond to its needs in wealth creation, citizen engagement, job creation, and economic and cultural innovation.
The Internet brings prospects for tackling underdevelopment issues in Nigeria. Online jobs are helping to solve unemployment issues. Access to enterprise software and resources online are facilitating small and medium scale enterprise, The Social Media has become a platform where everybody can participate as equals in political debates, and where everyone has a voice and an audience.
It is leading to personal growth, the right of all citizens to develop their arguments, skills and individuality as well as strengthening governance processes. Codifying online rights in Nigeria will not only encourage participation but also promote innovation in Nigeria through access to cutting-edge research from around the world. Also, bringing information to a wider range of citizens at no marginal cost is priceless; hence the time is ripe to encourage and enhance this process/development through legislation that promotes citizens’ confidence and participation in the online space.
However this intention and prospects are challenged by the lack of a legal framework, especially that which proactively guarantees the rights and freedoms of the citizens. Central to the passage of this Bill, will be Nigeria taking its rightful position in the centre stage of African development by passing into Law the first African Digital Rights legislation.
This will not only serve as a veritable template for other African countries to copy from, but also open a vista of opportunities embedded in the ICT Sector in Africa.
Mr Speaker, Honorable Colleague, in the light of the above stated facts; I humbly solicit your support for the passage of this Bill.
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