Freedom of Expression in Nigeria: Balancing Rights and Responsibilities

 

Recently, while driving through traffic in a north-central city, I tuned into a heated discussion on the car radio. Invited guests were passionately debating a controversial social media post that had landed a young activist in jail. Opinions were sharply divided: some upheld the sacrosanct nature of free speech, while others pointed out the need for limits to prevent societal harm. This radio discussion mirrored the broader, ongoing debate in Nigeria and across the world how do we balance the fundamental right to free speech with the responsibilities it entails?  A few years back, a young man, an undergraduate, commented sarcastically on a picture of the wife of a powerful politician posted on social media. By African standards, the woman was old enough to be his mother. Days later, he was picked up from his hostel room by men allegedly working for the woman, beaten to a pulp, and detained for days. He was only released after a public outcry. In addition, hundreds of cases like this often go unreported, where powerful people repress others through their minions for social media posts expressing dissent or criticism. It is very important to state the flip side, where social media users peddle fake news, malign, or unjustifiably abuse other persons simply because they have the means to do so at their fingertips. This dual reality underscores the need for a nuanced approach to free speech one that recognizes its importance while addressing its potential for misuse.

Freedom of expression is universally recognized as a cornerstone of democracy. Article 19 of the Universal Declaration of Human Rights (UDHR) states that “everyone has the right to freedom of opinion and expression.” However, this right is not absolute. It must often contend with other societal values, such as public order, national security, and the prevention of hate speech. Nigeria’s unique socio-political and cultural landscape makes this balancing act even more complex. In a country as diverse and dynamic as Nigeria, the line between free speech and its misuse is often contested. This article delves into the intricacies of free speech in Nigeria, drawing from global, regional, and local examples to highlight the challenges and opportunities in finding a workable balance between freedom and responsibility.

What Is Free Speech?

Free speech, also known as freedom of expression, is the right of individuals to express their opinions and ideas without fear of government censorship, retaliation, or societal ostracism. It is a fundamental human right recognized under various international frameworks, including Article 19 of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). According to the UDHR, free speech encompasses "freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers."

Legal scholars often describe free speech as a foundational pillar of democracy because it facilitates public debate, promotes accountability, and fosters innovation. As John Stuart Mill argued in "On Liberty" (1859), the free exchange of ideas is essential for societal progress, even if some ideas are unpopular or controversial. However, the exercise of free speech is not unlimited. Globally, legal systems impose restrictions to protect public order, national security, and the rights of others. For instance, defamation laws aim to safeguard individuals from false statements that harm their reputation, while hate speech regulations seek to prevent incitement to violence or discrimination. These limitations illustrate the delicate balance between protecting free expression and maintaining societal harmony.

The Global Perspective on Free Speech

Globally, the right to free speech is enshrined in major legal frameworks, such as the International Covenant on Civil and Political Rights (ICCPR), which Nigeria has ratified. Countries like the United States adopt a broad interpretation of free speech, with the First Amendment protecting even controversial expressions, such as flag burning (Texas v. Johnson, 1989). However, even in the U.S., speech that incites violence or constitutes defamation is not protected. In contrast, European nations often adopt a more regulated approach. For example, Germany’s Basic Law guarantees free expression but criminalizes hate speech, such as Holocaust denial. The German Network Enforcement Act (NetzDG) mandates social media platforms to remove harmful content swiftly. These global variations underscore the delicate balance between freedom and societal interests.

Regional and National Contexts

In Africa, the African Charter on Human and Peoples' Rights recognizes free speech while emphasizing responsibilities. Article 9 guarantees “the right to receive information and express opinions” but allows for restrictions to safeguard collective rights. Many African nations struggle to uphold this balance. In Uganda, the Public Order Management Act has been criticized for stifling dissent under the guise of maintaining public order (Human Rights Watch, 2019). In Nigeria, Section 39 of the 1999 Constitution guarantees freedom of expression, including the right to own and operate media. However, this right is often curtailed by laws such as the Cybercrimes Act of 2015, which criminalizes online expressions deemed “offensive.” Additionally, hundreds of cases of suppression, particularly involving less prominent individuals, go unreported. For instance, university students have been harassed for social media posts criticizing public officials. The arrest of journalists like Agba Jalingo, who faced charges of treason for exposing corruption, further highlights the precarious state of free speech in Nigeria (Amnesty International, 2019).

Local Perspectives: Free Speech in Everyday Life

At the grassroots level, free speech in Nigeria is deeply influenced by cultural norms and socio-economic realities. Traditional media, such as town criers and community forums, have historically facilitated expression. However, in the digital age, social media platforms like Twitter and WhatsApp have become the primary arenas for public discourse. While these platforms amplify marginalized voices, they also expose users to cyberbullying, misinformation, and state surveillance. A notable example is the #EndSARS movement, which mobilized millions to demand police reform. Social media played a pivotal role, but the government’s subsequent ban on Twitter in 2021 demonstrated the vulnerability of digital free speech in Nigeria. The ban, justified as a response to “security concerns,” was widely criticized as an overreach (BBC, 2021).

Balancing Rights and Responsibilities

Free speech is a powerful tool for fostering dialogue, challenging injustices, and advancing societal progress. However, its effective exercise requires a delicate balance between individual freedoms and the responsibilities that come with those freedoms. The specific aspects of free speech that need balancing to achieve a harmonious society are listed below;

a)The right to criticize public officials: Democracy thrives when citizens can hold leaders accountable. Free speech empowers individuals to challenge corruption, incompetence, or abuse of power.

b)Freedom of artistic and creative expression: The arts are a vital avenue for exploring societal issues and expressing identity. Protecting this freedom enriches cultural diversity.

c)The right to protest peacefully: Protests amplify marginalized voices and facilitate collective action, driving meaningful social and political change.

These rights need to be balanced with the following responsibilities;

a)Avoiding hate speech: Free speech must not be weaponized to incite violence or discrimination against individuals or groups.

b) Preventing the spread of misinformation: In an era of social media, the rapid dissemination of false information can cause harm to individuals and destabilize communities. Users must verify facts before sharing.

c)Respecting others' rights and dignity: Exercising free speech should not infringe on others’ reputations, privacy, or mental well-being.

Achieving this balance in Nigeria requires proactive measures, such as promoting media literacy, ensuring transparent and fair laws, and fostering a culture of constructive dialogue. By recognizing these freedoms and responsibilities, individuals and institutions alike can contribute to a society where free speech is both protected and responsibly exercised. Consequently, the debate over free speech often pits two legitimate concerns against each other: the need to protect individual freedoms, such as the right to criticize public officials or express dissenting opinions, and the imperative to safeguard collective welfare by preventing harm through hate speech, misinformation, or incitement to violence. This balance requires careful consideration of the freedoms that empower individuals to speak openly and the responsibilities to ensure such speech does not infringe upon the rights or safety of others. Achieving this balance requires a nuanced understanding of our socio-political landscape, an appreciation for diverse cultural norms, and a commitment to addressing several issues like:

(i) The need to strengthen legal protections: Nigeria must align its laws with international standards to ensure robust protection for free speech. At the same time, laws targeting hate speech and misinformation should be clear and narrowly tailored to prevent abuse.

(ii) The need to promote media literacy: Many Nigerians lack the skills to critically evaluate information, making them vulnerable to propaganda and fake news. Media literacy campaigns can empower citizens to engage responsibly in public discourse.

(iii) The need to foster dialogue: Platforms for constructive dialogue, both online and offline, can help bridge divides and build mutual understanding. Community forums, town halls, and civil society initiatives play a crucial role in this regard.

(iv) Holding power accountable: Civil society and the judiciary must remain vigilant in challenging laws and actions that undermine free speech. Recent victories, such as the overturning of journalist Jones Abiri’s detention, demonstrate the power of legal advocacy (Committee to Protect Journalists, 2020).

Conclusion

Nigeria's free speech debate reflects the country’s broader struggle to build an inclusive and democratic society. Balancing freedom and responsibility requires legal reforms and a cultural shift towards greater tolerance and accountability. As citizens, we must advocate for our rights while recognizing the impact of our words on others. As a nation, Nigeria must strive to create an environment where every voice can be heard responsibly and without fear. The journey to achieving this balance is far from over. But by learning from global experiences, embracing regional frameworks, and addressing local realities, Nigeria can set a precedent for safeguarding free speech in a way that promotes both individual liberty and collective harmony.

*******By S.B Adams

References for Further Reading

Amnesty International (2019). Nigeria: Journalist Agba Jalingo charged with treason for exposing corruption. Retrieved from Amnesty International.

BBC (2021). Twitter ban in Nigeria: Controversy and public reactions. Retrieved from BBC News.

Human Rights Watch (2019). Uganda's Public Order Management Act and its implications. Retrieved from Human Rights Watch.

Mill, J. S. (1859). On Liberty. Retrieved from Project Gutenberg.

United Nations (1948). Universal Declaration of Human Rights. Retrieved from UN Website.

Committee to Protect Journalists (2020). Jones Abiri's legal victory: Free speech in Nigeria. Retrieved from CPJ.

African Commission on Human and Peoples' Rights. The African Charter on Human and Peoples' Rights. Retrieved from ACHPR.

U.S. Supreme Court (1989). Texas v. Johnson: Free speech and flag burning. Retrieved from Oyez.