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8 AJLHR 1 (2024)

handle is hein.journals/anjllwa8 and id is 1 raw text is: African Journal of Law and Human Rights (AJLHR) 8 (1) 2024 A LEGAL DIAGNOSIS OF FREEDOM OF SPEECH AND DIGITAL RIGHTS IN NIGERIA* Abstract With an emphasis on Nigeria, the interwoven dynamics of digital rights and freedom of expression in the global setting provide a complicated picture moulded by both modern issues and historical ideals. Debates around cybercrime legislation, online speech regulations, and intellectual property rights highlight the fine balance needed to maintain both freedom and order as the digital revolution changes the means of communication. When one looks at Nigeria's constitutional rights of free expression, it becomes difficult to balance these ideals with the rapidly changing digital environment. Debates over privacy, arrests made in accordance with cybercrime laws, and the effect that intellectual property rights have on innovation are all examples of the continuing fights. To sum up, the changing conversation highlights the need for complex solutions to manage the nexus between digital rights and freedom of expression in order to maintain a democratic and welcoming online environment. Keywords: Freedom of speech, Digital rights, Human rights, Nigerian Constitution. 1. Introduction With the widespread use of new technologies in the contemporary world, the importance of digital rights and freedom of expression has increased. In many countries throughout history, the right to free expression has been a fundamental principle for generations. The freedom to openly express beliefs and thoughts without worrying about retaliation or restriction from the government was championed by its early proponents.1 Documents like the French Declaration of the Rights of Man (1789), the American Declaration of Independence (1776), and England's 1689 Bill of Rights all upheld this idea.2 Protected speech has evolved throughout time to include a wider range of topics, including art, culture, and individual expression in addition to politics. Legal safeguards are often the result of court disputes that weigh the right to free speech against other rights, such as reputation and privacy. Opinions differed on when speech qualifies as protected or unprotected. For instance, the European democracies tended to allow tighter restrictions on areas like hate speech, but the United States established relatively wide free speech rights. The late 20th century saw the rise of the digital revolution, which expanded the parameters of free speech. An unparalleled worldwide platform for the dissemination of ideas and information was made possible by the internet. Early internet communities promoted the concept of openly and unrestrictedly exchanging opinions and ideas. Tensions did, however, surface as the internet became increasingly internationally linked and monetized. Governments attempted to control internet behaviour by enacting laws against cybercrime, which some said suppressed opposition. Strong private platforms that combat disinformation and extremism, such as Facebook and YouTube, moderate speech via content moderation regulations.3 Concerns about censorship, excessive monitoring, arbitrary content removals, and other issues were brought forward by rights groups. Discussions on the obligations and duties of digital platforms with relation to online speech broke out.4 The growth of intellectual property law online and the ensuing clashes with the ideals of free speech have been another important aspect. Even as material sharing became more frictionless and difficult to regulate, the entertainment industry advocated for the expansion of copyright laws into the digital sphere. Fears of a chilling effect were aroused by attempts to curb piracy, which led to policies like digital rights management and the anti- circumvention provisions of the U.S. Digital Millennium Copyright Act. Remix culture and creator protection should coexist, according to proponents of the open internet. The difficulties of controlling speech and information flows in the digital era are brought to light by ongoing controversies. Traditional ideas of free speech are increasingly at odds with values like security, privacy, dignity, and creativity. There are jurisdictional concerns arising from the international aspect of internet communication. The convergence of technology, commerce, and human rights continues to be a site of conflicting interests that governments, corporations, civil society organizations, and individuals navigate. Though the internet world is constantly changing, speech and user empowerment continue to be major issues.5 *By A. Olasupo BADA, BSc (Hons), LLB, BL, LLM, PhD Candidate, School of Law and Security Studies, Babcock University, Ilishan, Ogun State, Nigeria, Email: olasupobada@gmail.com; and *David T. EYONGNDI, Assistant Professor, College of Law, Bowen University, Iwo, Osun State, Nigeria Email: eyongndidavid@gmail.com; david.eyongndi@bowen.edu.ng i F. James, 'Today's Speech, Book reviews,' https://en.wikipedia.org/wiki/Freedomof_Speech accessed 06 February, 2024. 2 E.I. Amah, 'An Appraisal of the Rights to Privacy and Freedom of Expression under the Nigerian Law' (2023) 5 IJOCLLEP 94. 3 See Twitter (now X) Rules, Abusive Behaviour https://bit.ly/3J7ekB0 accessed 10 February, 2024. 4 J. M. Balkin, 'How Rights Change: Freedom of Speech in the Digital Era' (2004) 26 Sydney L Rev 5. 5 Ibid. 1I

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