YUSUF TANGSOM BOYI
U14MM1098
The continuous rise of inflammatory speeches design with the aim to stoke ethnic and communal hatred have led to calls for the legislative intervention by the government. Those calls are however of the belief that there is a gap in the existing laws on the subject. But is that really the issue? Acting president Prof. Yemi Osinbanjo, in his words opines that, hate speech is “a species of terrorism” under (terrorism prevention Act, 2011,) as amended. If this is correct, does that law violate the right to free speech guaranteed under the Nigerian constitution?
First, what is press freedom? What is freedom of speech?
Section 39(1) of the 1999 constitution provides that “every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart information without interference”. Similar to that, Article ix of the African Charter on Human and Peoples Rights provides that “every individual shall have the right to receive information and the right to express and disseminate his opinion within the law”.
The constitution is, however supreme. By virtue of section 45 of the constitution, the right to freedom of speech can be derogated from any law that is in a democratic society like Nigerian for the purpose of protecting the right and freedom of other persons or in the interest of public defense, public safety, public order etc. that is to say the right to freedom of speech is not absolute.
It was in this regard that the court held in Adikwu vs Federal House of Representative (1983) 3 NCLR 394@ 412 that the “constitutional guarantee of free speech does not authorize any person to publish false news”. Also constitutional right to freedom of expression “does not protect the disseminator from disabilities or liabilities such as the law of libel”. It is for this reason that the panel code and the criminal code enforce in the Northern and Southern state respectively criminalize offensive or inappropriate language or speech. For instance, sections 417, 418 and 419 of the panel code provide thus respectively.
Section 417; “whoever seeks to excite hatred or contempt against any class of persons in such a way that endanger the public peace shall be punish with imprisonment for a term which may extend to three years or with fine or with both”.
Section 418; “whoever circulates, publishes or reproduces any statement, rumor or report which he knows or has reason to be false with intent to cause or which likely to cause fear or alarm the public or may be induced to commit an offence against the public peace shall be punish with imprisonment which may extend to two years or with fine or both”.
Section 419; “whoever has in his possession without lawful excuse, the proof of which shall lie on him, any book, paper, tape recording, drawing, painting, photography, cinema film or other visible or audible representation or exhibition of which would constitute offense under section 416, 417, 418 shall be punished with imprisonment.
However, it is uncalled for the National Assemble to enact fresh so-called anti-hate speech legislation, because such laws already exist, rather than enacting entirely new legislation, the punishment prescribe in this statue can be strengthened simply by amending them and also enforcing the law, but these laws are limited to some extent.
To answer the question if hate speech is terrorism. As previously stated, the vice president Prof. Yemi Osibanjo, SAN, has invoked the terrorism prevention Act, as amended, against purveyors of hate speech. The law prescribes penalties of between three (3) years and death as well as fines of up to #150 million for anyone who engages in “Act of terrorism” within the meaning of the Act. Section 1(2)(b)(ii) of the terrorism prevention Act defines “Act of terrorism as an act which deliberately done with malice aforethought and which is intended or can reasonable be regarded as having been intended to seriously intimidate a population”.
In conclusion, Hate speech is a kind of speech that tends to call for action. Before a speech would be term as hateful, that speech must target a certain group, tribe, religion, gender, regime etc. while freedom of speech gives human equal right to express the opinions and views on a particular issue of societal concern thus it is limited. However, the problem of hate speech as with all crimes lies beyond mere legislative rule-making, respect and appreciating our differences can help solve hate speech problems.
Note: We will always be different and until we come to a place of accepting our differences our dear country Nigeria cannot move forward. Respect is reciprocal!
Striking a balance: Hate speech, freedom of expression…Article 19.
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