Proposed bill to regulate bloggers affront to fundamental human rights — SERAP tells N’Assembly

…Says law could ban Facebook, X, TikTok, WhatsApp in Nigeria

By Sodiq Adelakun

The Socio-Economic Rights and Accountability Project (SERAP) has strongly criticised the Nigerian Senate and House of Representatives over a proposed amendment to the Nigeria Data Protection Act, 2023, which seeks to regulate bloggers and social media platforms operating within the country.

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,” has already passed its first and second readings in the Senate.

In a letter dated 12th April 2025, signed by SERAP Deputy Director Kolawole Oluwadare, the group called on Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to “immediately withdraw the repressive bill.”

“This bill is a blatant attempt to revive and expedite the widely rejected social media bill through the back door,” the letter stated.

According to SERAP, the proposed legislation poses a direct threat to freedom of expression and digital rights in Nigeria, and could be used as a tool for censorship and repression.

The organisation warned that, if passed, the bill could be weaponised to ban major platforms such as Facebook, X (formerly Twitter), Instagram, WhatsApp, YouTube, and TikTok, and to silence independent bloggers who fail to establish physical offices within 30 days.

“The bill may also be used to block access to social media platforms in Nigeria. Blocking access to social media platforms is a clear violation of fundamental rights,” the group said.

SERAP condemned the requirement that bloggers register local offices and join recognised national associations as a condition for operating, warning that such regulation “would have a significant chilling effect on freedom of expression and lead to censorship or restraint.”

“Mandatory regulation of journalism is incompatible with the right to freedom of expression. There is no legitimate reason why bloggers – or indeed members of the general public – should be subject to mandatory regulation or licensing to express themselves,” the organisation added.

It stressed that the bill violates both constitutional and international human rights standards, including the right to privacy, freedom of peaceful assembly, freedom of association, and freedom of expression.

“The Nigerian Constitution and human rights treaties which the country has ratified protect everyone’s right, including bloggers, to maintain an opinion without interference, and to seek, receive, and impart information and ideas of all kinds, regardless of frontiers and through any media,” the letter noted.

SERAP also warned of the dangerous precedent the bill could set for journalism and human rights advocacy in Nigeria.

“The regulation of bloggers could be used to silence any dissenting voice and to stifle any criticism or negative opinion regarding the policies and actions of the ruling party or the Government,” it said.

“Authorities may also use the proposed regulation as a pretext to punish bloggers solely for the peaceful exercise of their human rights.”

The organisation expressed concerns that the proposed law could force bloggers to disclose confidential sources, undermining press freedom and discouraging whistleblowers.

“The bill may also be used as a pretext to compel bloggers to reveal their sources. The right to protect sources is a cornerstone of freedom of the press. Without this right, sources may be deterred from assisting the press in informing the public on matters of public interest,” the group noted.

Citing the 2005 and 2011 Joint Declarations on freedom of expression by international mandates, SERAP argued that no one should be required to register with or seek permission from the government to operate an online information platform.

It warned the National Assembly against adopting outdated regulatory models designed for broadcasting and telecommunications, particularly in relation to the Internet.

“In their 2011 Joint Declaration on Freedom of Expression and the Internet, the four special mandates for the protection of freedom of expression highlighted that regulatory approaches in the telecommunications and broadcasting sectors cannot simply be transferred to the Internet,” the group stated.

SERAP issued a strong warning: “Should the National Assembly and its leadership fail to withdraw the bill to regulate the activities of bloggers, and should any such bill be assented to by President Bola Tinubu, SERAP will consider appropriate legal action to challenge the legality of any such law and ensure it is never implemented in the public interest.”

The proposed legislation has sparked widespread concern among digital rights activists, journalists, and civil society organisations, who view it as an attempt to suppress Nigeria’s already fragile civic space and silence dissent online.