Hate speeches and good governance

Presently there is so much ill-feeling towards others being expressed throughout the nation. The print and social media have become increasingly polluted by statements by Nigerians attacking each other on the basis of ethnicity or religion. In reaction, the Vice-President said recently that “intimidation of a population by words or speech is an act of […]

Presently there is so much ill-feeling towards others being expressed throughout the nation. The print and social media have become increasingly polluted by statements by Nigerians attacking each other on the basis of ethnicity or religion. In reaction, the Vice-President said recently that “intimidation of a population by words or speech is an act of terrorism and will not be tolerated”. He declared that “hate speeches” would now be equated with terrorist acts! In doing so he ignored the fact that freedom of expression is guaranteed under Section 39 of the 1999 the Constitution. 

The Vice-President explained that government wants to ensure that people will no longer get away with speeches that encourage division and violence. As laudable as that is, there is no legal framework or backing for his pronouncement. The term “hate speech” is unknown in Nigerian Law and equating it with terrorism begs the question; will it also carry the death penalty? Nigeria is a democracy where the rule of law should be paramount. There is an adage that a person’s right to stretch out his hands ends where another person’s face begins. Just as no one has the legal right to slap another, so there should be no legal right to insult others. However, in the absence of an enabling law, government is treading on dangerous ground by trying to curb hate speech in an ill-considered manner. 

Unfortunately, it brings back memories of the military era when poorly articulated laws such as the obnoxious Public Officers (Protection against False Accusation) Decree 4 and the infamous Decree 2 were used to detain opponents without recourse. To reassure Nigerians that this won’t be the case, it’s imperative that the Executive sends a Bill to the National Assembly for enactment outlining what constitutes hate speech, who determines it, and what the penalties are. If this isn’t done, then there is a real danger that any political party in office will become a law unto itself using the security apparatus to arrest vocal opponents at will. 

Dissent doesn’t necessarily constitute hate speech but in our do-or-die democracy ill-defined hate speech laws will be used to supress debate or critical opinion and decimate opposition. Indeed, opposition party spokespersons have pointed out that much of what those currently in power said during the last election campaign could easily qualify as hate speeches. 

Contrary to the Vice-President assertions, there is a huge difference between purveyors of hate speeches and terrorists. Hate speech is defined as words, gestures, conduct, writings or displays which incite violence or prejudicial action against, or by, a group. In Nigeria, there are extant libel and defamation laws with which any individual may seek redress if a speech violates their legal rights. There are also laws under which police can charge citizens for seditious incitement against government. Government must legislate for hate speeches against groups taking cognisance of the International Covenant on Civil and Political Rights (ICCPR) which states that “any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence against a group shall be prohibited by law.” Such laws can be divided into two categories: those designed to protect human dignity and those designed to maintain public order. 

In Nigeria where human dignity accounts for little, government is primarily concerned with maintaining public order. In countries that have outlawed the act of publicly inciting hatred, exception is made for speeches containing statements of truth.  This is where hate laws would run into problems in Nigeria where so much of our hatred is based upon our history as a nation. Virtually every ethnic group recounting history from their standpoint of truth could be guilty of making a hate speech. In light of this, it’s surprising that so little is being said about the factors causing the spread of hatred. The social-media has played a major role in facilitating this spread through posts of false news and hate speeches. Facebook have abdicated responsibility claiming it doesn’t manufacture hate speeches and stating that “while it may be vulgar and offensive, distasteful content on its own does not violate our policies”. 

It’s incumbent upon the National Assembly to enact a law clearly defining hate speech and outlining the punishment for individuals who author, print, air, produce or reproduce an audio or video, or in any way assist in multiplying its audience. Some political analysts believe that banning hate speeches treats the symptoms rather than the decease. Regrettably Government hasn’t taken far-reaching steps to douse ethnic and religious tensions and address the issues threatening to tear the nation apart. Unchecked lopsided appointments, nepotism, favouritism, suppression of dissent and a failure to heed calls for political and financial restructuring have all contributed to the growth of tension and hatred in Nigeria. 

Consequently, ethnic agitation and hate speeches can only be expected to increase. There is a growing deep and emotional feeling of dislike, anger, disgust and a disposition of hostility towards certain individuals, entities, ethnic groups, religious behaviours and ideas in Nigeria and government must get to the root of the problem. Banning hate speeches, though necessary, is no substitute for equitable and progressive governance in line with the yearnings of the citizenry.