Akpabio, Senate brace for backlash as Social Media Bill scales 2nd reading

The President of the Senate, Godswill Akpabio, has expressed apprehension over possible backlash after the controversial Social Media Bill passed its second reading in the Senate on Tuesday.

Akpabio, speaking in his closing remark, noted that the bill is not designed to suppress free speech but rather to create a structured digital economy.

The bill, 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),” was read for the first time on November 21, 2024.

Sponsored by Senator Ned Munir Nwoko (Delta North), the proposed amendment to the Nigeria Data Protection Act, 2023, aims to address what he described as a “glaring omission” in how multinational tech companies engage with Nigeria.

Akpabio’s fears aren’t unfounded, as a similar Anti-Social Media Bill introduced by the Senate on November 5, 2019, to criminalise the use of social media for spreading false or malicious information, titled the Protection from Internet Falsehood and Manipulations Bill 2019, was shut down at its public hearing.

Sponsored by Senator Mohammed Sani Musa (Niger East), the bill passed its second reading in the Senate. However, after its details became public, accusations emerged on social media alleging that the bill was plagiarised from a similar law in Singapore, a country with low rankings in global press and speech freedom. Though Senator Musa denied the plagiarism allegations, the bill could not see the light of day.

However, Akpabio, while preparing the ground for a better outing for the bill, explained, “The nature of business today is different. People can conduct their businesses from anywhere—whether in their bedrooms, cars, or even on a plane. Given this, I believe the best course of action is for the bill to proceed to a second reading. After that, during the public hearing, various stakeholders can be invited to provide their inputs.

“I am confident that by the time the bill returns to us for possible passage into law, it will have been refined and better structured. The goal at this stage is to present general principles, not necessarily to go into specific details. Those details will be addressed during the public hearing, where everything will be made clearer.

“I also want to emphasise that the Senate is not attempting to regulate or suppress social media. That is not the intention of this bill. Instead, the primary objectives are tax compliance and proper business registration.

“In fact, this bill could benefit many individuals and businesses. Under the new tax provisions, companies generating less than ₦50 million annually are exempt from taxation. Similarly, individual traders earning ₦1 million or less per year will not be required to pay tax. This ensures clarity, accountability, and proper record-keeping for businesses operating in the digital space.

“Furthermore, I was keen to see whether this bill in any way infringes on freedom of expression or hinders the work of bloggers. From my review, there is no such restriction.

“Once the bill reaches the public hearing stage, we will be able to refine it further, ensuring all concerns are addressed before it returns to the Senate.”

Despite Akpabio’s assurances that the bill is purely focused on tax compliance and business registration, fears of government overreach and online censorship continue to grow.

The Senate President highlighted tax exemptions for businesses earning less than ₦50 million and individual traders making under ₦1 million as evidence that the bill aims to support rather than burden digital entrepreneurs. However, these reassurances have done little to quell public anxiety.

Critics argue that the bill, once passed, could serve as a tool for government control over online discourse, particularly targeting journalists, bloggers, and social media influencers.

Many fear that vague regulatory provisions might be weaponised to silence dissenting voices, leading to an erosion of free speech in Nigeria’s digital space.

Senator Eze Kenneth Emeka also defended the bill, citing economic reasons for its necessity while contributing to the debate.

He pointed out that major tech companies like Google and Microsoft have significantly reduced their presence in Nigeria, resulting in a loss of potential revenue.

“The digital economy is expanding, yet Nigeria has no effective means to capture its financial benefits. This bill will help regulate online businesses and ensure tax compliance,” Emeka argued.

Despite these claims, opposition voices remain sceptical. Many see the bill as a slippery slope that could lead to excessive regulations, discouraging digital innovation and entrepreneurship while also providing a legal basis for crackdowns on online criticism of government policies.

In his lead debate, Senator Nwoko emphasized the bill’s importance for national sovereignty, economic growth, and legal accountability.

“Nigeria, with a population exceeding 220 million, ranks as Africa’s most digitally engaged nation. According to Business Insider Africa, Nigerians spend an average of 3 hours and 46 minutes daily on social media, placing the country second globally in terms of digital engagement.

“Platforms such as Facebook, X (formerly Twitter), Instagram, WhatsApp, YouTube, TikTok, and Snapchat have become indispensable tools for communication, commerce, and political discourse.

“Despite this extensive usage, none of these tech giants have established physical offices in Nigeria.”

Senator Nwoko argues that this absence creates several critical issues, such as the lack of a direct local presence resulting in delays in resolving user complaints, regulatory issues, and content moderation challenges specific to Nigeria.

“By not establishing offices in Nigeria, these platforms deny the country employment opportunities in customer service, content moderation, legal compliance, and technology development.

“The absence of offices complicates the enforcement of Nigeria’s data protection laws, dispute resolution processes, and the safeguarding of user rights.”

The senator pointed out that major social media companies have offices in countries such as the United States, the United Kingdom, Canada, India, and Singapore, allowing for better compliance with local regulations.

He also highlighted the success of multinational corporations like MTN, Shell, Chevron, Nestlé, and Total in Nigeria, emphasizing the economic benefits of requiring social media firms to follow suit.

Beyond social media giants, the bill also proposes the regulation of Nigerian bloggers.

It mandates that bloggers establish verifiable offices in any of Nigeria’s capital cities and maintain structured operations, including employee records and affiliation with a recognized national association headquartered in Abuja.

Senator Nwoko argued that this measure is necessary to ensure accountability in the digital space and curb misinformation.