Members of civil society organisations (CSOs) have expressed concern over the growing misuse of the Cybercrimes (Amendment) Act 2024 to intimidate and harass journalists and activists across the country.

They noted that security operatives were increasingly using the law as a tool to suppress press freedom and stifle dissent, a development they said is in violation of the constitutional rights of Nigerians.

The activists raised the concerns at a media and law enforcement agencies situation room convened under the eRIGHTS project, an initiative of Avocats Sans Frontières France (Lawyers Without Borders) with support from the UNESCO Global Media Defence Fund.

The forum, which brought together journalists, rights activists, security representatives, legal experts and digital advocates, focused on identifying abuses and advancing reforms to strengthen media freedom and digital rights.

Executive Director of the Human Rights Journalists Network, Kehinde Adegboyega, said the current trend is disturbing, noting that journalists are being arbitrarily arrested, detained without trial, and prosecuted under contentious sections of the law.

The ECOWAS Court had in its judgment dated 25 March 2022 ordered Nigerian authorities to stop using section 24 of the Cybercrime Act 2015 to prosecute anyone on the grounds of insulting or stalking public officials online.

The Court declared Section 24 arbitrary, vague, and repressive and ordered the Nigerian authorities to repeal it in conformity with the country’s human rights obligations.

But while the Cybercrime (Amendment) Act 2024 has repealed section 24, stakeholders believe it has not cured the arbitrary, vague, and repressive nature of the provisions.

Adegboyega said the continued reliance on Section 24 of the Cybercrime Act, despite an ECOWAS Court judgment invalidating it was evidence of the disregard for judicial authority.

He said: “We have seen cases where security agencies, especially the police, picked up a journalist from Lagos and took him to Abuja without allowing anybody to know who effected the arrest or the reason. It was only after the issue raised a lot of dust that they came out to explain that the journalist was arrested due to a petition by someone. Yet, the journalist was never told who wrote the said petition.

“They arrest people unlawfully and detain them beyond the period allowed by the Constitution. Imagine detaining a journalist for five to 10 days without trial. Despite the fact that there is an extant judgement of the ECOWAS Court that struck down section 24 of the Cybercrime Act, police still rely on that portion, till date.

“We have seen instances where journalists who have not even published a report were invited on the ground of national security. When did holding the government accountable amount to a threat to national security?

“Some are invited and held for hours, after which they are asked to perfect a certain administrative bail. The person ends up negotiating his freedom in the form of bail. This is gradually becoming a modus operandi of the Police.

“It has become a major issue as it looks as if all other laws pertaining to defamation and libel have been suspended as security agencies now concentrate on the Cybercrime Act.

“For instance, how can you charge a citizen for cyberstalking or cyberbullying the President? These are some of the abnormalities that are gradually becoming normal.”

Speaking, Africa Policy and Advocacy Manager, Access Now, Naro Omo-Osagie, demanded for the decriminalisation of speech-related offences.

According to her, fear of arrest and prosecution has led to unnecessary self-censorship that may not be in the interest of democracy.

Country Director, Advocats Sans Frontieres France, Angela Uzoma-Iwuchukwu, said the country was at a critical juncture where the intersection of media freedom and digital rights has become a focal point of national discourse.

According to her, the media plays a vital role in holding those in power accountable, providing a voice for the voiceless, and fostering informed public discourse.

She lamented that journalists often face challenges in carrying out their duties, including harassment, intimidation, and violence.

“The digital landscape has also introduced new complexities, with issues like online censorship, surveillance, and disinformation threatening the very fabric of our democracy.

“It is imperative that we foster a culture of understanding, respect, and cooperation between the media and law enforcement”, she said.

While responding on behalf of the security agencies, CSP El-Mustapha Sani, who is in charge of Police Complaints and Response Unit, PCRU, maintained that several mechanisms have been put in place to protect all citizens, including journalists.

According to him, some of the measures included the creation of various social media platforms to make it easier for the police to receive and tackle complaints against its officers.

He said: “We have officers that are there, 24 hours, to deal with these issues. The number of complaints is increasing, meaning that people have confidence in the police.

“We receive complaints even from police officers. Whatever case you report to the PCRU, we deal with it, decisively.

“A lot of officers were recently dismissed, some were demoted while a lot were handed various punishments. The Inspector General has also directed that the PCRU should be established in all the 36 States of the federation.”