The Regulation of Social Media in Nigeria and its Effect on Free Speech: Perspectives from Constitutional Law and International Norms
Date
2024-01-15
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Journal Title
Journal ISSN
Volume Title
Publisher
ORCID
Type
Thesis
Degree Level
Masters
Abstract
This thesis explores the multifaceted and evolving topic of social media regulation, with a focus on Nigeria. As social media platforms have become central to communication, information dissemination, and public discourse, concerns have arisen about their impact on individuals, society, and democracy. The research question addressed in this thesis is whether the Nigerian bills on restriction of social media can legally restrict false speech and hate speech without overreaching on the right to freedom of expression, and if not, what measures can be taken to improve these bills.
The thesis begins by analyzing three key theories for the justification of freedom of expression, which show that freedom of expression is essential to the discovery of truth, self-autonomy, and promotion of an open and vibrant democratic discourse. However, these theories are not an absolute justification and may be restricted. The thesis also examines the conditions for justification of limits on freedom of expression in Nigeria, which is that the law must be shown to be within reasonable limits permissible in a democratic society. Section 45 of the Nigerian Constitution states specific grounds for the restriction of freedom of expression, but the section is vague as it gives no further direction as to how Nigerian courts should balance competing interests, such as freedom of expression on the one hand and public interest on the other.
The thesis argues that the importation of proportionality analysis and international standards is necessary to restrict hate speech and false speech in Nigeria while protecting the right to freedom of expression. The delicate balance between preserving freedom of expression and addressing harmful content, such as hate speech and false information, is a critical consideration in social media regulation.
The thesis suggests that drawing from Canadian law and international standards could enhance Nigeria’s regulation of free speech on social media. The thesis concludes that the protection of freedom of expression is crucial, especially in a diverse cultural, political, and socio-economic landscape such as Nigeria.
Description
Keywords
FREEDOM OF EXPRESSION, CONSTITUTION, SOCIAL MEDIA REGULATION, INTERNATIONAL NORMS
Citation
Degree
Master of Laws (LL.M.)
Department
Law
Program
Law