Avocats Sans Frontières France (ASF France), the Centre for Information Technology and Development (CITAD), and Spaces for Change (S4C), under the European Union-funded eRIGHTS Project, condemn the proposed amendment to the Nigerian Data Protection Act, 2023.
The act seeks to mandate the establishment of physical offices by social media platforms and compel bloggers to register with recognized national associations and maintain local offices within Nigeria.
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This was contained in a statement signed by the executive director CUTAD Y.Z Ya’u,made available to newsmen.
According to him, the bill, titled “A Bill for an Act to Amend the Nigerian 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 passed both first and second readings at the Senate, raising serious concerns among civil society organizations, media actors, human rights defenders and social media users in Nigeria.
He noted that, while the regulation of data protection is important in safeguarding the privacy of citizens, this proposed amendment extends far beyond data protection.
“By attempting to regulate bloggers and compel them to join recognized associations and establish physical offices, the bill threatens the constitutional rights of Nigerians, including the right to freedom of expression, privacy, and association, as guaranteed by Sections 37, 38, and 39 of the 1999 Constitution of the Federal Republic of Nigeria as amended, as well as international human rights instruments and conventions to which Nigeria is a party to”
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The executive director noted that, the proposed legislation risks shrinking the civic and digital space in Nigeria.
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“Independent bloggers, citizen journalists, and digital creators play a critical role in holding those in power to account, amplifying marginalized voices, and strengthening Nigeria’s democratic discourse. Imposing bureaucratic and financial burdens on these actors will not only undermine digital innovation but also stifle dissent and limit the diversity of online narratives”
We, the eRIGHTS project partners, therefore:
1. Call on the National Assembly to immediately halt the legislative process on this bill and subject it to broader public consultation, especially with civil society actors, media actors, digital rights advocates, and tech stakeholders.
2. Urge the President of the Federal Republic of Nigeria not to assent to any version of the bill that infringes on the rights to freedom of expression, privacy, and association.
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3. Request the Nigeria Data Protection Commission (NDPC) to clarify its stance on this bill and uphold its responsibility to protect digital rights and data governance frameworks in a way that aligns with democratic values and international best practices.
“The eRIGHTS project remains committed to promoting and protecting the digital rights of Nigerians, and to ensuring that the internet remains a safe and inclusive space for free expression, innovation and civic participation”