Friday, 20 January 2017
The urgent appeal followed the arrest yesterday of Dapo
Olorunyomi, publisher of the online newspaper Premium Times, and the judiciary
correspondent, Evelyn Okakwu. Both have been released bail and instructed to
report at the FCT Police Command Headquarters today. There are fears that they
may be taken before a Magistrate’s Court.
The appeal signed by Adetokunbo Mumuni SERAP executive director
and Abdulwaheed Odusile President,
Nigerian Union of Journalists expressed “concern
concerned about the Nigeria’s government’s erosion of media freedom and
continuing readiness of its agencies and state governments to limit the
operation of online newspapers and bloggers in the country.”
The appeal reads in part: “We note that under international law
criticism of public measures or comment on Government action, however strongly
worded, would be consistent with the fundamental right to freedom of
expression, and media freedom.”
“We believe that the crackdown and the increasingly restrictive media
atmosphere and impermissible restrictions to freedom of expression has damaged
Nigeria’s democratic credentials and violated its international human rights
obligations. The crackdown has also impeded the ability of journalists, online
newspapers, bloggers and the media in general to hold government authorities to
account or scrutinize their activities.”
“The arbitrary arrest of Mr Dapo Olorunyomi, publisher of online
newspaper Premium Times, and the judiciary
correspondent of the online newspaper, Evelyn Okakwu would seem to mark an intensification of
a crackdown on media freedom that has been going on for some time now. Both
Olorunyomi and Okakwu were released last night but asked to report to the
police this morning. We are seriously concerned that they may be re-arrested
and detained for a prolonged period.”
“The Army had accused the online newspaper of ‘unwarranted serial
provocative, unauthorised, libellous and defamatory publications against the
person of Lieutenant General T.Y Buratai, the Chief of Army Staff, Nigerian
Army and Nigerian Army counter insurgency operations in the North East,’ and
threatened to take action against PT and Mr Olorunyomi.”
“We argue that while public
officials are entitled to protection of their reputation, including protection
against defamation, as individuals who have sought to play a role in public
affairs they should tolerate a greater degree of scrutiny and criticism than
ordinary citizens. This distinction serves the public interest by making it
harder for those in positions of power to use the law to deter or penalize
those who seek to expose official wrongdoing, and it facilitates public debate
about issues of governance.”
“We further note that the UN
Human Rights Committee, the independent expert body that monitors state
compliance with the International Covenant on Civil and Political Rights in its
General Comment No. 34 states that “the value placed by the Covenant upon
uninhibited expression is particularly high. The mere fact that forms of expression
are considered to be insulting to a public figure is not sufficient to justify
the imposition of penalties. All public figures are legitimately subject to
criticism and political opposition.”
“In addition, the Human Rights Committee has said that “defamation laws
must be crafted with care to ensure that they do not serve, in practice, to
stifle freedom of expression. State parties [such as Nigeria] should consider
the decriminalization of defamation.” We
therefore believe that criminal penalties infringe on peaceful expression and are always
disproportionate punishments for any perceived reputational harm.”
“We note that the legal tool that has been repeatedly used to
threaten, intimidate, harass and press politically motivated charges against
journalists, online newspapers and bloggers is the obnoxious and unlawful
Cybercrime Act of 2015 which was signed into law by former President Goodluck
Jonathan in May of that year.”
“Cyber stalking, which falls under Section 24 of the act, carries
a fine of up to 7 million naira (USD$22,000) and a maximum three-year jail term
for anyone convicted of knowingly sending an online message that “he knows to
be false, for the purpose of causing annoyance, inconvenience danger,
obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or
needless anxiety to another”.
“We further argue that the Cybercrime Act is vaguely worded,
overly broad, and prone to misuse and have fact been repeatedly and arbitrarily
used against journalists, online newspapers and bloggers, as the cases
highlighted have shown.
The use of the Cybercrime Act has created an environment of
intolerance, with a chilling, inhibiting effect on freedom of thought and
discussion.”
“We also argue argues that the
Cybercrime Act is inconsistent with Nigeria’s international legal obligations,
and undermines rather than strengthen efforts to prevent and combat corruption,
and, because freedom of expression is an enabler of other rights, threaten to
erode human rights protections more generally. The Cybercrime Act therefore
impose limitations on expression that go beyond the restrictions that are
permitted by international law and, in conflict with the Nigerian Constitution
1999 (as amended).”
“We note that the ability to practice journalism free from undue
interference, to peacefully criticize government and its officials, and to
express critical views is crucial to the fight against corruption, and the
exercise and enjoyment of many other human rights. Freedom of opinion and
expression is a cornerstone of a democratic society. It extends not only to
“information” or “ideas” that are favourably received, but also to those that
offend, shock or disturb.”
“We also note that Nigeria is a state party to the International
Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human
and Peoples’ Rights, which guarantee the right to freedom of expression and
impose legal obligations on states to protect freedom of expression and
information. The Nigerian Constitution of 1999 (as amended) also protects
freedom of expression, and includes language that permits for limitations on
that right, which broadly tracks article provisions of the Covenant and
Charter.”
SERAP and the NUJ therefore asked the Special Rapporteur to:
- Publicly express concerns about the continuing clampdown, intimidation and harassment of journalists, online newspapers and bloggers, and to insist that the Nigerian Army and police end attacks, harassment and intimidation of the Premium Times and its journalists; and that state governments and police authorities end increasing persecution of other journalists, online newspapers and bloggers in their various states;
2.
Hold that the Cybercrime Act is inconsistent and incompatible with
freedom of expression and media freedom standards and Nigeria’s human rights
obligations and commitments;
3.
Call on the government to withdraw and repeal the obnoxious Cybercrime
Act, and other laws providing for criminal
defamation or criminalizing insulting public officials, and bring Nigeria’s
laws and practices into compliance with the country’s international and
regional human rights obligations protect and uphold freedom of expression and
media freedom, including under the International Covenant on Civil and
Political Rights and the African Charter on Human and Peoples’ Rights;
4.
Request to visit Nigeria to undertake fact-finding mission and
investigate allegations of growing attacks, threats, intimidation and
harassment of journalists, online newspapers and bloggers;
5.
Request the Federal Government and state governments to drop all
charges against journalists, online newspapers and bloggers;
6.
Insist that the Nigerian authorities should not criminalize or
subject anyone to threats or harassment, intimidation, persecution or reprisals
simply for exercising their right to freedom of expression and doing their job
as journalists and bloggers;
7.
Call for an immediate end to arbitrary arrest and detention of journalists
and bloggers simply on the basis of the content of their journalism or media
work
No comments:
Post a Comment