Decriminalise Defamation, Review Cybercrimes Act, Guild of Editors, Rights Group Tell Tinubu

The Nigeria Guild of Editors (NGE) and the Socio-Economic Rights and Accountability Project (SERAP) have urged Nigerian authorities to decriminalise defamation and amend the Cybercrimes Act to safeguard journalists and activists from harassment.

NGE and SERAP also accused governments in the country of using repressive laws and strategic lawsuit against public participation, SLAPP lawsuits to intimidate and harass journalists, activists, bloggers and CSOs, eroding democracy, respect for human rights and the rule of law in Nigeria.

The two organisations spoke through NGE’s General Secretary, Onuoha Ukeh, and SERAP’s Deputy Director, Kolawole Oluwadare, during an interactive session in Lagos to mark the annual Human Rights Day.

The interactive session was titled, ‘The Escalating Restrictions on Civic Space, Media Freedom and the Deterioration of Rule of Law in Nigeria’.

NGE and SERAP claimed that in August 2024 alone, at least 56 journalists were assaulted or arrested while covering demonstrations across the country.

They cited the 2025 World Press Freedom Index from Reporters Without Borders (RSF), noting that Nigeria has fallen 10 spots to 122nd.

NGE and SERAP stated, “According to the Centre for Journalism Innovation and Development (CJID) Press Attack Tracker, there have been 110 verified attacks in the year 2024. In comparison to the previous year, the press attacks between the first and third quarter of 2024 have surpassed those of the entire year in 2023.

“According to the Committee to Protect Journalists (CPJ), at least three journalists in Nigeria have been detained since August on allegations of violating the country’s Cybercrime Act, despite the recent reform of the law, highlighting the continuing use of the law and defamation laws to target and harass journalists and activists,” they stated.

The organisations also argued that internet freedom of expression is still decreasing, driven by a record rise in arbitrary arrests and detentions of bloggers following the enactment and amendments to the Cybercrime Act in 2024; many of these bloggers are either held at police stations or courts.

They maintained that the government at all levels must ensure that no person is prosecuted or held criminally liable for defamation for activities protected under the Nigerian Constitution and international human rights treaties to which the country is a state party.

NGE and SERAP, “Nigerian authorities should enact laws to protect journalists, activists, bloggers, CSOs, critics and other individuals from legal harassment through defamation charges and SLAPP lawsuits.

“Nigerian authorities must ensure that businesses do not use defamation cases and SLAPP lawsuits as a tool to undermine legitimate rights and freedoms of affected rights holders, civil society organisations, and human rights defenders.

“We urge President Tinubu and his government to call on Nigeria’s state governors publicly, the Nigerian Police Force, and the Department of State Services (DSS) to uphold and ensure full respect for the rights of everyone in the country, including journalists, bloggers, human rights defenders and activists.

“We call on President Tinubu and his government, the country’s 36 governors and the Federal Capital Territory (FCT) minister to genuinely uphold human rights, press freedom, ensure access to information to all Nigerians, obey court judgments, and respect the rule of law.

“We urge the National Assembly to promptly and comprehensively review the Cybercrimes Act and other restrictive legislation, and revise them as appropriate to bring them into line with Nigeria’s international human rights obligations and commitments regarding human rights and media freedom,” they said.

The organisations further insisted that President Tinubu, state governors, lawmakers, and other officials must cease the ongoing intimidation and harassment of journalists, activists, bloggers, and civil society organisations in the country, which they say is happening simply for peacefully exercising their human rights.

NGE and SERAP also urged Nigerian authorities to eliminate the use of specific provisions in the Cybercrimes Act, criminal and penal codes, and other repressive laws that are being used to target journalists, activists, CSOs, and critics who voice their views online.

They also called for the immediate release of those arbitrarily detained across the country.

The organisation stated, “the use of repressive laws and SLAPP lawsuits to crack down on peaceful dissent is entirely inconsistent with the Nigerian Constitution 1999 (as amended) and the country’s international human rights obligations.

“Nigerian authorities at all levels should show that they tolerate peaceful dissent and media freedom if the Nigerian people are to have any chance of holding them accountable on their constitutional oath of office, commitments and promises.

“We note that the restrictions on civic space, human rights violations and suppression of the press in recent times take various forms ranging from extrajudicial to unlawful detentions, disappearances, malicious prosecutions and wrongful use of both legislation and law enforcement.

“The provisions of section 24 of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act 2024 are inconsistent with the provisions of section 39 of the Nigerian Constitution 1999 (as amended) and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.

“Stories published online have been deemed ‘offensive’, ‘obstructive’, ‘insulting’ or ‘annoying’ with actionable consequences under amended provisions of section 24 of the Cybercrime Act 2024, even when the stories are true and factual.