The Over-kill in the Hate Speech Bill

Introduction

Law as tool for social engineering and reengineering aims to curb certain miscreants and ill behaviours that are generally not acceptable in the society. These ill behaviours however differs from certain jurisdiction to another. The recent Independent National Commission for the Prohibition of Hate Speeches Bill a.k.a. "Hate Speech Bill" ("the Bill") is one of those Bills that came with the 'purpose' of dealing with this ill behaviours and there has been many nagging issues raised by the proposal of the bill, as many jurists consider this as a dangerous law that will do more harm than good if eventually passed while others argue otherwise. Many are approaching this Bill as a tool that those wielding power would use in oppressive manner and against the democratic nature of the Nigerian political scenery. This is not the only bill raising dust as it relates to freedom of speech and expression, the other one is the Protection from Internet Falsehood and Manipulation and other Related Offences Bill (also known as the Social Media Bill)[1] and Cybercrimes Act 2015.

This article seeks to look at the con's and the pro's of the Hate Speech Bill without the much influence of outrage it has stirred by the proposal at the National Assembly and leaving you to take an informed stand. As many people hardly goes through the Bill itself and usually stuck with the part of the Bill that prescribe for death penalty for hate speech. The Bill provides for so much more and aims to tackle nepotism and tribal discrimination on different grounds. The Cyber Crimes Act and the Anti- Terrorism Act already cover many parts that the Hate Speech Bill is making provisions for. Thus, this article summarily deals with some of the controversial aspects of the Bill.

The Hate Speech Bill

It is pertinent to know that the act provides for a wide range of topic covering the areas of discrimination, nepotism, victimization, hate speech and an establishment of the Independent National Commission for the Prohibition of Hate Speech.

The commencement of the Act gives an insight into the Act itself; “An Act of the National Assembly to promote national cohesion and integration by outlawing unfair discrimination, hate speeches and to provide for the establishment, powers and functions of the INDEPENDENT NATIONAL COMMISSION FOR THE PROHIBITION HATE SPEECHES, and for purposes connected therewith”. The importance of this in the society is mirrored by the ills of the society, example is the rate at which many people have lost their jobs or unable to gain lawful employment because of ethnic discrimination and bias. However many provisions of the Act has already been provided for by other legislations, for example, the Constitution of the Federal Republic of Nigeria, 1999, (as amended) (CFRN) provide against discrimination ethnicity inter alias.[2] The same constitution also provided for right of expression and the press[3] and generally empowers the National Assemble to enact law that derogates these rights with certain conditions attached.[4] While other similar provisions can be found in the Freedom of Information Act and the Cyber Crimes Act. Thus, one may question the necessity of the Bill!

The necessity of the Bill goes just beyond tackling hate speech or placing restriction on free speech, it provides punishment for discrimination on the basis of ethnicity and further goes to deal with the violence that usually arises from inciting tribal or ethnic comments. The potential threat that ethnic discrimination and nepotism poses have from history proven to be exponential in nature. All these violence usually starts through an inciting comment from one member of the group or an action of a member that has been perceived wrongly (or is actually wrong), or over emphasis through a wrong channel. 

Another aspect of the bill is whether the punishment prescribed for the offence is in equal in proportion to the offence identified. On this note Section 4 of the Bill comes into discuss. It provide for death penalty for any inciting hate speech that leads to death shall by punishable with death. This lone provision has cause the agitation of the entire country over the Bill itself. Thus the propriety or otherwise of the passing of this bill hinges a great deal on this issues. According to Jeremy Bentham, all punishment are required to be justified. Punishment should be in proportion to the mischief produced by a crime and sufficient to deter others from committing the same offence.[5] The question really is, should an individual that incites a group of people to raise arms against another because of the ethnic differences (and kill such other person(s)) be given a lighter sentence? Are there other factors influencing the people in wide rejection of the Bill? This provision can be compared to the way and manner Stephen was killed in the bible. Who is guilty for the death of Stephen, the people who supplied the stones or the people who actually stoned Stephen? Will Nigerians consider the bill fair if the said provision is removed? Or is the fear more politically incline than the mere provisions of the Act?

Conclusion

The over kill in this Act may not necessarily be a sole factor but a number of factors culminating against the national outrage of the Bill. With the various religiously and/o ethnically motivated KILLINGS in Nigeria especially the northern part of the country and incessant arrest of journalist[6], forceful dispersion of protesters,[7] many view this Bill as another form of legally perpetuating injustice; from the political divide, religious divide and en ethnic divide as well. Thus, the view of Karl Marx is unfolding itself of law being a tool in the hands of the ruling class to oppress and cow the people in following the dictates of the government. The very discrimination that the Bill is purportedly fighting against might as well be the act that the state is committing with legal force behind her.

[1] Matthew Ogune, Protesters march on National Assembly, demand withdrawal of social media, hate speech bill, available at,  https://guardian.ng/news/protesters-march-on-national-assembly-demand-withdrawal-of-social-media-hate-speech-bill/ LAST ACCESSED ON 10/10/2020

[2] Section 42.

[3] Section 39

[4] Section 45

[5] Draper, T., “An Introduction to Jeremy Bentham’s Theory of Punishment”, in UCL Bentham Project; Journal of Bentham Studies, Vol. 5, 2002

[6] Charles A., Saxone A., and Gordi U., IPC condemns arrest of journalists, demands abducted reporter’s release, available at, https://guardian.ng/news/ipc-condemns-arrest-of-journalists-demands-abducted-reporters-release/ last accessed 10/10/20

[7] Victor A.Y., Police arrest 4 journalists, 14 others during anti-fuel, electricity tariff hike protest, available at, https://www.vanguardngr.com/2020/09/breaking-police-arrest-disperse-anti-fuel-hike-electricity-tariff-protesters/ last accessed 10/10/20