By Chidinma Ewunonu-Aluko, Ibadan
An Ibadan-based legal practitioner, Mr Oluwatobi Fatoki, has emphasised that the Cybercrime Act can threaten free press and democracy if not well managed.
Fatoki, the former spokesperson of the Nigerian Bar Association (NBA) Ibadan Branch, made the assertion in an interview with the News Agency of Nigeria (NAN) in Ibadan on Wednesday.
He said using the Cybercrimes (Prohibition, Prevention, Etc.) Act 2015, though amended in 2024, to silence journalists, raises a whole lot of dust and eyebrows.
He added that, in some cases, the law has been used to suppress the voices of the masses, especially those of media practitioners.
According to the lawyer, journalists are tasked with ensuring government accountability under Section 22 of the 1999 Constitution.
He emphasised that the right to freedom of expression, as guaranteed by Section 39 of the Constitution, does not, however, cover libel, slander, or sedition.
“Despite Sections 39 and 22, journalists face restrictive laws that hinder free operation,” he said.
“Section 24 of the Act criminalises sending messages, known to be false, to cause breakdown of law and order.
“The phrase, ‘that he knows to be false’, is subjective, yet journalists are still targeted for sharing vital information,” he said.
He cited Olurotimi Olawale, Precious Eze Chukwunonso, Rowland Olonishuwa, Seun Odunlami, and Omoyele Sowore as examples of victims.
According to him, Sowore faced 16 cyberbullying counts for calling ex-IGP Kayode Egbetokun an ‘illegal IGP’.
Fatoki said the case was, however, struck out on March 17 after the police failed to appear in court.
He noted that Chioma Okoli was also arrested under Section 24(b) of the Cybercrimes Act after a Facebook post on Nagiko tomato paste.
According to him, the law still subsists to date, and many similar cases are ongoing.
The legal practitioner said that quoting politicians who later turn out to be untrue also puts reporters at risk.
He said that while many untrained persons had littered the ranks of the journalism profession, many more still faced government ordeals.
“A trained journalist knows truth is a defence to defamation, while news balancing and sourcing provide protection.
“Even if a sourced report turns false, the journalist has a defence once due process was followed,” he said.
Fatoki, however, advised media practitioners to remain vibrant and unintimidated when doing things right.
NAN
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