Enacted in 2015 to tackle growing online criminal activities, the Cybercrime Act has become a tool for targeting the press by the police.
Although the Act’s objective is to provide a unified legal framework for prohibiting and punishing cybercrimes, ensuring the protection of critical national information infrastructure, and promoting cybersecurity.
However, media freedom advocates argue that the Act is controversially applied to contain journalists and stifle freedom of the press. Human rights groups within and outside Nigeria criticize the Act for impeding freedom of expression.
In recent years, Nigerian journalists have increasingly faced harassment and intimidation by the police under the guise of the Cybercrime Act.
State actors have targeted investigative reporters, leveraging sections of the Act to silence voices that seek to expose misconduct and corruption. This trend raises serious concerns about balancing cybersecurity and press freedom in Nigeria.
The Cybercrime Act 2015, intended to protect individuals from online harassment and threats, has stringent provisions against cyberstalking. Section 24 criminalizes sending messages that are grossly offensive, obscene, or menacing, or those intended to cause annoyance, inconvenience, or needless anxiety. Violators face fines up to N7,000,000.00 or imprisonment for up to three years, or both.
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Section 26 intensifies penalties for communications that threaten violence, extortion, or harm to reputation, with offenders potentially facing up to 10 years in prison and fines as high as N25,000,000.00. While these measures aim to curb online abuse, their application against journalists is troubling.
Journalists exposing corruption and misconduct often find themselves accused under the Cybercrime Act, with charges of sending offensive messages or causing undue anxiety. This has become a tactic to stifle investigative reporting and silence dissent.
According to Reporters Without Borders, Nigeria ranks 112 out of 180 countries for press freedom, indicating a low level of press freedom. The country was ranked 123 in 2023. RWB states, “Nigeria is one of West Africa’s most dangerous and difficult countries for journalists, who are regularly monitored, attacked, and arbitrarily arrested.”
Recent cases
For instance, journalist with the Foundation for Investigative Journalism, Daniel Ojukwu, was detained by the police in Lagos and later moved to Abuja, facing allegations of violating the Cybercrime Act following a report on public funds mismanagement. He was released after 10 days without prosecution.
Emmanuel Agbo, a journalist with Premium Times, was invited by the police over an investigation that was yet to be completed and published.
Gabriel Idibia of Daily Times was arrested, detained and tortured by the police in Kaduna just filming the police and cattle.
Precious Eze, an independent journalist and publisher, was arrested at his residence in Gbagada, Lagos, by officers from the Zone 2 Command, allegedly due to a complaint from a well-known businessman and politician.
Similarly, the Executive Director, reporter, and lawyers of the International Centre for Investigative Reporting (ICIR) were detained by the National Cybercrime Centre after being invited for questioning.
NGE Speaks
Eze Anaba, President of the Nigeria Guild of Editors, calls on police authorities to stop weaponizing the Cybercrime Act. Anaba emphasizes that the constitution prohibits detaining individuals for more than 24 hours without charges, a provision increasingly violated by the police. “Journalists are now being terrorized by law enforcement agents using the Cybercrime Act. That is unconstitutional,” says Anaba. “The police should leave journalists alone. There are bigger issues for law enforcement agents to deal with in this country.”
Experts
Legal expert, Ayokunmi Alabi, explains that while the police have the right to investigate allegations, detaining individuals, especially journalists, without fair hearing and beyond 24-48 hours violates constitutional rights.
He notes that the police should investigate claims of injurious publications within legal confines, and detaining journalists beyond the constitutionally allowed 24-48 hours without charges indicates ulterior motives.
Sadiq Abdulazeez concurs, adding that law enforcement agencies lack the authority to arrest journalists unless their information poses a threat to national security or is fabricated to cause harm. He underscores the need for robust legislation protecting journalistic rights and press freedom, essential for democracy and accountability. The conversation around the Cybercrime Act and press freedom reveals the need for clear, protective legislation for journalists.
Alabi suggests enacting laws specifically designed to fortify press freedom, urging the Nigerian Union of Journalists (NUJ) to stand firmly for its members and democratic ideals.
The misuse of the Cybercrime Act 2015 by Nigerian police to intimidate and harass journalists poses a significant threat to press freedom and democracy. Ensuring accountability and safeguarding press freedom are essential for a healthy, functioning democracy.
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