like its predecessor, the 10th Senate has also not hidden its intent to control the social media. No matter in what guise it comes, Nigerians, especially the media, will vehemently resist any attempt to muzzle the media. Recently, a bill seeking to make it compulsory for social media platforms to have physical offices as well as formalise the registration and regulation of bloggers in Nigeria has scaled the second reading in the Senate. It is titled ‘A Bill for an Act to amend the Nigeria Data Protection Act, 2023, to mandate the establishment of physical offices within the territorial boundaries of the Federal Republic of Nigeria by social media platforms, and for related matters (SB.648).’ The proposed legislation was read for the first time on November 21, 2024.
According to the sponsor of the bill, Senator Ned Nwoko (APC, Delta North), the bill seeks to correct a glaring omission on how multinational social media companies engage with Nigeria. The senator argued that the Bill would ensure that digital businesses contribute a certain percentage to Nigeria’s revenue. The legislation, he said, is not proposed to attack social media platforms but a way of increasing the revenue of the country through the digital space, adding that social media platforms not having identifiable physical offices in Nigeria has led to several challenges including limited representation for resolving user complaints, managing content specific to Nigeria, increasing loss of economic opportunities, employment generation, and legal compliance.
“The absence of physical offices has deprived us of numerous opportunities. Economically, it denies Nigeria the benefits of job creation in areas such as customer service, content moderation, legal compliance, and marketing. Imagine the thousands of young Nigerians who could be employed by these companies, gaining valuable skills and contributing to our economy”, Nwoko stated.
He recommended that bloggers and social media operators keep proper records of their employees and belong to a recognized national association, which shall have its headquarters in Abuja. “We cannot continue to have a situation where individuals operate anonymously, spreading information—sometimes false—without any structure or accountability. Just like traditional media houses, bloggers must be properly registered and regulated to ensure professionalism, transparency and responsibility in their operations,” the senator proposed.
With the second reading of the bill, it was referred to the Senate Committee on Information Communication Technology (ICT) and Cyber Security for further deliberation and a public hearing. The committee was directed to report back within two months.
During the passage of the bill after the second reading, Senate President, Godswill Akpabio, advised the sponsor to ensure that its real intendment is not confused with an attempt to gag the media through the Red Chamber. The observation is instructive. The first time the Bill was introduced in the chamber, it was met with public disapproval. Suspicions have similarly trailed the current attempt. There is the fear that requiring social media platforms and bloggers to establish local offices could enable increased government oversight and censorship, which may lead to the suppression of dissenting voices and undermine free speech.
Equally, establishing offices comes with significant costs that may push smaller bloggers and independent content creators out of the market or force them to operate under unsustainable financial conditions. The consequence is imbalance in the digital space, pushing independent voices further to the margins and consolidating power among existing dominant platforms.
There is no doubt that dubious elements have hidden under the social media to promote hate speech, stoke tension and spread fake news. Some social media users have also deployed the platforms to intimidate, bully and blackmail fellow citizens. The platforms, however, have values they add to the system. Many Nigerians eke out living through social media and blogging. The platforms offer windows for promoters of certain businesses and worthy causes that do not require physical offices. Clampdown on the outfits in any guise, will throw many Nigerians into the labour market, increase the unemployment rate and force some youths to crime and other vices.
The Nigerian authorities should not hide under the proposed legislation to intimidate and muzzle the media. There are extant laws against libel, defamation, cyber-bullying and other infractions against media practitioners and social media users. Such laws should be strengthened and vigorously enforced. There are many items that require the lawmakers to legislate on, not social media or blogging. There should not be blanket clampdown on the outfits and by extension, the mainstream media. Government should not cash in on the proposed Bill as pretext to muzzle the media.
The role of the media in ensuring good governance in Nigeria is enshrined in Section 22 of the 1999 Constitution as part of the fundamental objective and directive principles of the state policy. The section assigns to the media the task of a policing institution over the fundamental objectives and direct principles of state policy as well as the citizens’ fundamental Rights. Under no circumstances should this constitutional duty to the media be taken away from it. Those aggrieved at the perceived excesses of practitioners and social media users, should approach the courts and seek remedy. Therefore, any move to control the media through the bill must be rejected.