At the recently concluded Public Interest and Development Law (NBA-SPIDEL) Conference in Uyo, Akwa Ibom State, Dr. M.O. Ubani SAN, Legal Practitioner and Policy Analyst, delivered a compelling analysis on the theme “Press Freedom and Cyber-Security Law in Nigeria: Bridging the Justice Gaps.”
Dr. Ubani, former Chairman of the NBA Section on Public Interest and Development Law (SPIDEL), emphasized that as Nigeria deepens its digital transformation and expands its reliance on information and communications technologies, the tension between press freedom and cyber-security regulation has become increasingly pronounced.
He reiterated that the Constitution guarantees freedom of expression and the press under Section 39, while Section 22 mandates the media to hold government accountable.
However, alongside this, the state bears the responsibility to protect digital infrastructure, prevent cybercrimes, and safeguard national security under the Cybercrimes (Prohibition, Prevention, etc.) Act of 2015, as amended in 2024.
Dr. Ubani noted that although these objectives should coexist harmoniously, cyber-security measures have at times intersected with press freedom in ways that undermine democratic values, revealing justice gaps requiring urgent reform.
He stressed the need to maintain a fair balance: protecting citizens’ and journalists’ rights to scrutinize public officials while preventing misuse of digital platforms for defamation, cyberstalking, falsehoods, or harassment.
He affirmed that citizens have every right to criticise their leaders, expose corruption, and demand accountability, rights that do not extend to malicious falsehoods or intimidation.
According to him, democracy cannot thrive where journalists are harassed for exposing the truth, nor where false information and cyberbullying go unchecked. Striking this equilibrium, he said, is the “hallmark of a mature democracy.”
While the Cybercrimes Act was enacted to combat genuine threats such as hacking, identity theft, and online fraud, he highlighted that vague provisions, particularly on “cyberstalking” or content that may “cause annoyance” or “insult”, have enabled selective prosecutions targeting journalists, activists, and whistle-blowers.
Despite amendments, Dr. Ubani noted that journalists continue to face arrest and prosecution under the Act, resulting in widespread self-censorship and reluctance to pursue investigative stories involving powerful interests.
This, he observed, undermines the press’s constitutional role as watchdog.
He further referenced academic studies indicating that media practitioners are increasingly avoiding sensitive interviews and fact-based yet controversial reporting.
International criticism has also trailed Nigeria’s framework, with the ECOWAS Court ruling in 2023 that aspects of the Press Council Act violate free-expression rights by discriminating against online and citizen journalists, yet similar challenges persist under cyber-security enforcement.
He pointed out that the Cybercrimes Act grants broad powers for accessing digital or subscriber data, and without strict judicial oversight, such powers have been misused to intimidate critics and media professionals. This, he said, has created fear, reduced accountability, and damaged public trust.
To restore balance, Dr. Ubani outlined urgent reforms:
1. Thorough Review of the Cybercrimes Act to clarify ambiguous provisions and prevent criminalisation of legitimate expression.
2. Strengthened Procedural Safeguards, including judicial warrants for accessing digital data and oversight to prevent abuse.
3. Legal Recognition of Digital Journalism, ensuring online reporters receive equal protection.
4. Capacity Building for journalists and law-enforcement agencies on cyber law and constitutional rights.
5. Judicial and Institutional Accountability to halt frivolous prosecutions and ensure civil-society oversight.
He concluded that press freedom and cyber-security are not mutually exclusive and that Nigeria must protect both.
A secure digital environment, he said, must never come at the cost of silencing journalists or stifling democratic discourse.
Ensuring that those who misuse digital spaces face the law, while protecting those who expose corruption, is essential to safeguarding democracy.
Dr. Monday .O Ubani SAN
Legal Practitioner/Policy Analyst was the former Chairman of Section of Public Interest and Development Law (NBA Spidel).
This was discussed as a Panelist in one of the sessions of the just concluded Public Interest and Development Law (NBA-SPIDEL) Conference in Uyo, Akwa Ibom State.
