Curbing hate speech

By Olusanya Anjorin

SIR: Many countries have passed laws to curb the incitement of racial and religious hatred.  Hate Speech can simply be defined as a speech that attacks and insults people on the basis of race, religion, ethnic origin and sexual point of reference.

The role of the media in any society is to investigate and share information and ideas, in particular on issues of public interest, so that the public are informed and able to play their parts in political, economic, and cultural life.  International law therefore requires states not only to refrain from controlling or restricting the media, but also to create an enabling legal and regulatory setting that allows the development of a free and diverse media landscape.

Freedom of expression is one of the fundamental rights given by the Constitution of the Federal Republic of Nigeria 1999 (as amended). It reinforces all other human rights, allowing society to develop and progress. It’s also strengthens the ability to express our opinion and speak freely on national issues without obstruction.

Section 24 (2)  of the Criminal Act criminalizes transmitting or causing  the transmission of any communication  through a computer system  or network, to bully, threaten  or harass another person  where such communication places another person in fear of death , violence or bodily harm or to another person. Again under section 391 of the criminal code law, there is the criminal offences of defamation and injurious falsehood under which a victim of abuse of freedom of speech cab seek redress. More so, Cybercrime law was passed during former President Goodluck Jonathan administration.  The law addressed threats to cyberspace including internet usage and safety with regard to prevention, prohibition and combating cybercrimes.

While it is absolutely true that hate speech stir up ethnic hatred, diminishes tolerance, permits discrimination and should be condemned in its entirety but death penalty is going through the roof. We are in digital age where the kids think digitally and don’t have to think deeply before unleashing their thought online- they display their whole lives online- their relationship, spouse, mom, dad and other personal details…and to have their throats guillotine for an offence tagged hate speech is way too harsh.

In the age of social media where the setting is neither plane nor pale, where news escapes through the mill like the hare through an escape hole, adding to the existing laws would portray the government as high-handed and as such would be deemed as taming rights of citizens to demand accountability. The freedom of speech is the voice of the people and should be allowed to breath within the ambiance of the law.

• Olusanya Anjorin, Lagos.