SERAP To Lawmakers: Withdraw “Repressive” Bill Targeting Bloggers Or Face Legal Action

The Socio-Economic Rights and Accountability Project (SERAP) has issued a warning to the leadership of the National Assembly, demanding the immediate withdrawal of a controversial bill seeking to regulate the activities of bloggers in Nigeria.

The rights group has, therefore, threatened legal action if the bill is not withdrawn.

Addressing Senate President, Godswill Akpabio, and Speaker of the House of Representatives Tajudeen Abbas in a letter dated April 12, 2025, SERAP condemned the bill titled “A Bill for an Act to Amend the Nigeria 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.”

According to the bill, bloggers would be mandated to establish physical offices within Nigeria and join a recognised national association.

It also includes provisions that could see popular platforms like Facebook, X (formerly Twitter), Instagram, WhatsApp, YouTube, and TikTok banned from operating in Nigeria if they fail to comply with the office requirement within 30 days.

“This bill is a blatant attempt to bring back and fast-track the obnoxious and widely rejected social media bill by the back door,” said Kolawole Oluwadare, SERAP’s Deputy Director, in the letter addressed to the National Assembly leaders.

The bill has already passed its first and second readings in the Senate, sparking concern among civil society and digital rights advocates over its potential implications for freedom of expression and media freedom.

SERAP maintained that the bill is not only repressive, but also violates several constitutional and international legal obligations Nigeria is bound to uphold.

“Lawmakers should not become arbiters of truth in the public and political domain,” the letter states. “Regulating the activities of bloggers and forcing them to associate would have a significant chilling effect on freedom of expression and lead to censorship or restraint,” it added.

The organisation emphasised that if the bill becomes law, it could be used to block Nigerians’ access to major social media platforms, an action SERAP describes as a “flagrant violation of fundamental rights.”

Beyond the human rights concerns, SERAP also noted that the proposed legislation could severely impact the country’s digital economy and technological growth.

Many Nigerian businesses rely heavily on foreign digital tools and platforms to operate, and the bill’s requirements could discourage international tech companies from maintaining a presence in the country.

“The proposed amendment would force international tech companies out of the Nigerian information landscape,” SERAP warned.

“It would violate the requirement that the right to freedom of expression applies ‘regardless of frontiers,’” the group added.

SERAP argued that mandatory registration and regulation of bloggers, as proposed in the bill, is incompatible with Nigeria’s obligations under the 1999 Constitution and international treaties, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.

“The amendment would disproportionately suppress a wide range of expressive conduct essential to a democratic society,” the letter noted, adding that the bill appears targeted at silencing dissent and criticism of the government.

The rights group also highlighted the potential misuse of the bill to compel bloggers to reveal their sources—an act that would undermine press freedom and deter whistleblowers.

“Blogging plays an invaluable role in the free flow of information,” said Oluwadare. “Bloggers should never be required to register with the government or other official agencies to blog,” he added.

The group warned that if the National Assembly proceeds with the bill, and it is assented to by President Bola Tinubu, SERAP would initiate legal proceedings to challenge its constitutionality and prevent its implementation.

“The proposed amendment to the Nigeria Data Protection Act fails to meet the necessity and proportionality requirements under human rights law,” the group argued. “It is entirely inconsistent and incompatible with Nigeria’s international obligations,” it added.

Referencing global standards on freedom of expression, SERAP cited the 2005 Joint Declaration of Special Rapporteurs, which affirmed that “no one should be required to register with or obtain permission from any public body to operate an Internet service provider, website, blog, or other online information dissemination system.”

The organisation concluded its letter by urging lawmakers to promote legislation that protects, rather than stifles, the rights of Nigerians online.

“Nigerian authorities have a legal obligation to ensure an environment in which a diverse range of opinions and ideas can be freely and openly expressed and debated,” SERAP stated.

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