This presentation discusses the conflict between freedom of expression and online hate speech in Nigeria and the attendant regulatory challenges.

1. Free Speech and Hate Speech:
Regulatory Challenges of
Internet Freedom in Nigeria
by
Chukwuemeka Nzeih
Digital Bridge Institute
Abuja - Nigeria

2. Content
 Freedom of Expression
 The Limits of Freedom of Expression
 Hate Speech/Cyber Hate
 Consequences of Hate Speech
 Consequences of Hate Speech
 Freedom of Expression Online
 Cyber Hate Statistics in Nigeria
 Cyber Hate Cases in Nigeria
 Tackling Cyber Hate
 Regulatory Constraints and Challenges
 Conclusion
 References

3. Article 19 of the Universal Declaration of Human Right states as
follows;
Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold
opinions without interference and to seek, receive
and impart information and ideas through any
media and regardless of frontiers.
Freedom of Expression

4. Article 10 of the European Convention on Human Rights, states as
follows;
“Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and
ideas without interference by public authority and regardless of frontiers.
The exercise of these freedoms, since it carries with it duties and
responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are necessary in a
democratic society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or crime, for the
protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in
confidence, or for maintaining the authority and impartiality of the
judiciary.”
Freedom of Expression

5. Chapter 4: Section 39 of the Constitution of the Federal
Republic of Nigeria States as Follows;
1. Every person shall be entitled to freedom of
expression, including freedom to hold opinions
and to receive and impart ideas and information
without interference.
2.Without prejudice to the generality of
subsection (1) of this section, every person shall
be entitled to own, establish and operate any
medium for the dissemination of information,
ideas and opinions:
Freedom of Expression

6. The Limit of Freedom of Expression
 All over the world freedom of speech is not absolute. Limits are set that individual
should not exceed in their quest to exercise their right to freedom of speech.
 These limits are mostly defined by national laws and does not permit the following;
Falsehood
Incitements
Defamation
Obscenities
Threats
Blasphemy
Hate Speech
Pornography
Advocating Illegalities
Curses/Abuses

7. According to Professor George Lakoff of the University of Berkeley; “ Hate speech defames,
belittles, or dehumanizes a class of people on the basis of certain inherent properties — typically
race, ethnicity, gender or religion. Hate speech attributes to that class of people certain highly
negative qualities taken to be inherent in members of the class. Typical examples are;
- immorality,
- intellectual inferiority,
- criminality,
- lack of patriotism,
- laziness, untrustworthiness,
- greed and attempts or
- threats to dominate their “natural superiors.”
Hate Speech

8. Wikipedia Definition:
“Hate speech is speech which attacks a person or group on the basis of attributes such
as race, religion, ethnic origin, sexual orientation, disability, or gender. In the law of some
countries, hate speech is described as speech, gesture or conduct, writing, or display
which is forbidden because it incites violence or prejudicial action against a protected
group, or individual on the basis of their membership of the group, or because it
disparages or intimidates a protected group, or individual on the basis of their
membership of the group”
Hate Speech
Dictionary.com Definition:
Hate Speech is a speech that attacks, threatens, or insults a person or group by national
origin, ethnicity, color, religion, gender, gender identity, sexual orientation, or disability.

9. Hate Speech
United Kingdom:
According to the UK Criminal Justice Act, Hate Speech is Communication which is hateful,
threatening, or abusive, and which targets a person on account of disability, ethnic or
national origin, nationality (including citizenship), race, religion, sexual orientation, or skin
color.
US Legal
Uslegal.com defines Hate speech is a communication that carries no meaning other than
the expression of hatred for some group, especially in circumstances in which the
communication is likely to provoke violence. It is an incitement to hatred primarily against
a group of persons defined regarding race, ethnicity, national origin, gender, religion,
sexual orientation, and the like. Hate speech can be any form of expression regarded as

10.  Inter - religious Conflict.
 Political Instability.
 Socio-cultural conflicts.
 Intercommunal crisis.
 Socio-Economic crisis
 Civil Unrest
 Group Stigmatisation and Segregation
Consequence of Hate Speech

11. Freedom of Expression Online
 The Internet has opened unprecedented opportunities and channels for
communication in Nigeria.
 Nigeria has one of the fastest growing internet market in the world.
 The June 2017 Internet World Statistics states that 91,598,757 (47.7%)
persons of Nigeria total population estimates of about 191,835,936 are Internet
Users.
 Nigeria has Africa’s largest mobile telephone (GSM) market, with about 149
million subscribers and a penetration rate of 107%.
 Internet access have provided an easy way for people to express their opinion and
views, sometimes without consideration for other people feelings.

12. Freedom of Expression Online
 Nigeria is a Multicultural, Multireligious and Multiethnic Society.
 There is perpetual suspicion among the different ethnic nationalities that
make up the nation.
 Some persons have resorted to the use of the Internet and Social Media
as a means of expressing their opinion.
 Since Social Media is largely unregulated these persons have used the
freedom that the internet offers to promote hate for others, make
inciteful comments and further interests that are detrimental to the well
being of other groups.

13. Has the Internet Promoted
Freedom of Expression?
Has the Internet Promoted Hate
Speech?
Internet and Hate Speech

14.  A report by an NGO, Center For Information
Technology and Development (CITAD),
states, that there is an increase in hate
speech among Nigerians on social media.
 A McArthur Foundation sponsored
research report conducted by CITAD shows
that that 60.3% of hate speeches recorded
came from Facebook, 5.9% from online
newsletters and 4% from blogs surveyed
within the period.
Free Speech and Hate Speech

15. Countering hate speech on social media – www.dawn.com
“Social media has proven itself to be the greatest bastion of free speech on the
Internet. Governments have usually refrained to interfere in this domain and until
now the arena is marked with a great sense of openness.
People express their political and social views publicly and in a rather frank
manner. But this fondness for freedom of expression has lead to emergence of a
disturbing trend over the years as the line between freedom of speech and hate
speech has become blurred”.
Internet and Hate Speech

16. Free Speech and Hate Speech

17. Internet and Hate Speech

18. Examples of Hate Speeches on Facebook

19. Examples of Hate Speeches on Online Newspaper

20. Examples of Hate Speeches on Facebook

21. Examples of Hate Speeches on Facebook

22. Examples of Hate Speeches on Facebook

23. Examples of Hate Speeches on Facebook

24. Tackling Online Hate Speech
A Multistakeholder Approach is the best option in tackling online hate speech in Nigeria. The Stakeholders
and their roles are:
National Orientation Agency Educate the Citizenry on the Limits of Freedom of Expression and the
Dangers of Hate Speech/Cyber hate
Legislature
Enact laws empowering government agencies and regulators to punish
online dissent or to block access to online content or service that promote
hate speech
Telecom Regulators Implementing technical restrictions on source of hate speech such as
Domain Name seizure or blocking
Internet Intermediaries and
Content Providers
Remove content that contain or promote hate speech from their platform
and block account from which cyberhate is perpetrated.
Government Build/Create the appropriate tools/infrastructure to monitor online content
or empower government organisations to do so.
Civil Society, NGOs/FBOs
Educate citizens and members of their groups on the need to respect the
views, belief and socio-political leanings of other members of the society.

25. Regulatory Constraints and Challenges
1. Freedom of Expression vs Freedom from Expression
The core of the internet is the free flow of information, creativity and freedom.
 Will limited freedom of expression online not lead to online censorship?.
 To what extent are offline rights applicable online?.
 How do we achieve regulation of freedom of expression without censorship?
 Will the use of technical measures to limit Internet access for those involved in cyber hate
risk undermining users’ ability to exercise their fundamental rights and to leverage the
Internet as a space that enables equal opportunities for all?
 The Internet should be used to promote human rights, not to threaten it: will censorship
not negate this principle?
Freedom of
Expression
Freedom from
Expression

26. Regulatory Constraints and Challenges
2. Lack of Consensus
There is a general lack of consensus among stakeholder on the need to combat online
hate speech in Nigeria

27. Regulatory Constraints and Challenges
3. Regulatory Conflict
 Regulates Broadcasting Service in Nigeria  Regulates Telecommunication in Nigeria
CONVERGENCE
 WebTV
 Internet Radio
 Mobile TV
 OTTs
 Who Regulates
What???
Converged
Regulator

28. Regulatory Constraints and Challenges
3. The Dual Criminality Challenge
According to the dual-criminality principle a person may be extradited only when his/her
actions constitute an offense in both the requesting and requested states. Under the rule of
dual criminality, an extraditable offense must be punishable under the criminal laws of both
the surrendering and the requesting state. (USLegal.com).
Challenges:
 No universally accepted definition of hate speech, variations exist between climes.
 Cyberhate can be perpetrated from anywhere in the world
 Laws on hate speech are mostly not the same across borders.
 How strong are existing international cooperation and collaboration on cyber hate?.

29. Regulatory Constraints and Challenges
3. Legal Constraint of Online/Offline Inconsistencies
WE NEED NEW LAWS
1. We need to make new laws to combat
cyberhate or online hate speech.
2. Cyberhate cannot be regulated the same
ways as normal/offline crime .
3. The nature of cybercrime is such that
most of them are transborder crime and
will require new international laws
USE EXISTING LAWS
1. Some believe that online hate speech will not
require the creation of new laws, but will require
better and effective enforcement of existing laws.
2. Online hate speech should be regulated the same
way as those in real space. The computer is
merely a tool.
3. No marked difference exist between cyberhate
and conventional hate speech, only the medium.

30. Conclusion
 The internet provides new opportunities and platform for communication and for
people to express their views, concerns, protests and agitation.
 The fact that the Internet and the social media as a medium of communication is
largely unregulated does not mean that internet users should extend the limit of the
freedom the internet offers by engaging in unwholesome acts and perpetuation of
cyber hate.
 Communications and opinions expressed on the internet spread faster than
traditional media. Thus, it provides a wide range of opportunities for direct access to
governance and administration and instant feedback on issues.

31. Conclusion
 The platform the internet offers has also made it possible to spread malicious
information, incite the public against leaders or individuals and cause havoc
which may lead to very sad consequences in a volatile and multiethnic society
as ours.
 Therefore there is the need for a balance regulation of free speech on the
internet and implementation of applicable laws to curb the excesses on some
individuals’
 Accountable, responsible and modest use of the social media without
unnecessarily limiting effective use of the platform for freedom of expression
within the confines of the law must be advocated and promoted at all times.

32. 1. http://www.ichrp.org/en/article_19_udhr
2. https://www.coe.int/en/web/freedom-expression/home/-
/asset_publisher/RAupmF2S6voG/content/conference-on-freedom-of-expression-online
3. Constitution of the Federal Republic of Nigeria, 1999 as Amended.
4. http://nigerian-constitution.com/chapter-4-section-39-right-to-freedom-of-expression-and-the-press/
5. http://blogs.berkeley.edu/2017/10/03/what-is-hate-speech/
6. http://www.dictionary.com/browse/hate-speech
7. https://en.wikipedia.org/wiki/Hate_speech
8. http://www.legislation.gov.uk/ukpga/2003/44/section/146
9. https://definitions.uslegal.com/h/hate-speech
10. http://www.internetworldstats.com/af/ng.htm
11. http://www.internetworldstats.com/stats1.htm
References

33. 12. https://www.budde.com.au/Research/Nigeria-Mobile-Infrastructure-Operators-and-Broadband-Statistics-
and-Analyses/?r=51
13. https://www.dailytrust.com.ng/news/general/online-hate-speech-among-nigerians-increasing-
report/200710.html
14. https://www.dawn.com/news/735034/newspaper/newspaper/column
15. https://definitions.uslegal.com/d/dual-criminality-principle/
16. https://www.youtube.com/watch?v=ANPfXBFH8rE
17. https://www.youtube.com/watch?v=WQDnS3FtoNY
18. M. Singh, S. Singh: Cyber Crime Convention And Trans Border Criminality
19. Andre Oboler, Legal Doctrines Applied to Online Hate Speech
20. Policy Brief: Balancing Freedom of Expression Online and Security Concerns in Nigeria; The Dilemma of
Hate Speech
References

34. Chukwuemeka Nzeih
Digital Bridge Institute
Abuja – Nigeria
GSMA – Principles of Internet Governance Course
December 2017