UPDATED: Senate again proposes death by hanging for hate speech
The Senate on Tuesday once again proposed death by hanging for anybody found guilty of hate speech in the country.
This followed the first reading of a Bill to set up an agency to prohibit hate speech in the country.
The Bill titled: “National Commission for the Prohibition of Hate Speeches (Establishment, etc) Bill, 2019” is being sponsored by the Deputy Chief Whip of the Senate who is also the Senator representing Niger North, Aliyu Sabi Abdullahi.
It could be recalled that the Senate had last week introduced legislation to regulate the social media and also to punish what it termed “abuse of social media” with a three-year jail term or N150,000 option of fine or both.
The social media regulation Bill titled: “Protection from internet falsehood and manipulations bill, 2019” was sponsored by the Senator representing Niger East, Mohammed Sani Musa.
The Minister of Information and Culture, Lai Mohammed, recently vowed that the Federal Government is poised to regulate the Social Media.
It could be recalled that Senator Abdullahi had sponsored the same Hate Speech Bill during the Eight Senate but the toxic Bill which attracted widespread condemnation from Nigerians never returned for second reading in the upper before the eight-session of the National Assembly elapsed
The Bill had prescribed death by hanging for any person found guilty of any form of hate speech that results in the death of another person.
It also sought the establishment of an Independent National Commission for Hate Speeches.
The Bill as presented to the Eight Senate had proposed that the commission would enforce hate speech laws across the country, and ensure the “elimination” of hate speech.
For offences such as harassment on grounds of ethnicity or race, the Bill had proposed that the offender shall be sentenced to “not less than a five-year jail term or a fine of not less than N10 million or both.”
The Bill had also proposed that, “A person who uses, publishes, presents, produces, plays, provides, distributes and/or directs the performance of any material, written and/or visual, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behaviour” committed an offence.
It added that the charge would be justified if such a person intends to stir up “ethnic hatred”.
However, a cursory look at the new Bill showed that it is not different from the way it was presented in the Eight Senate by the same sponsor.
The Bill retained a provision that any offender found guilty under the Act when passed would die by hanging.
“Any person who commits an offence under this section shall be liable to life imprisonment and where the act causes any loss of life, the person shall be punished with death by hanging,” the Bill said.
On Hate Speech the Bill provides that “A person who uses, publishes, presents, produces, plays, provided, distributes and/or directs the performance of any material, written and or visual which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behaviour commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up against any person or person from such an ethnic group in Nigeria.
“Any person who commits an offence under this section shall be liable to life imprisonment and where the act causes any loss of life, the person shall be punished with death by hanging.
“In this section, ethnic hatred means hatred against a group if person’s from any ethical group indigenous today Nigeria.
On discrimination against persons, the Bill also provides that: “For the purpose of this act, a person who discriminates against another person if on ethnic grounds the person without any lawful justification treats another Nigerian citizen less favourably than he treats or would treat other person from his ethnic or another ethnic group and/or that on grounds of ethnicity a person put another person at a particular disadvantage when compared with other persons from other nationality of Nigeria.
“A person also discriminates against another person if, in any circumstances relevant for the purposes referred to in subsection (1) (b), he applies to that person of any provision, criterion or practice which he applies or would apply equally to persons not of the same race, ethnic or national origins as that other.”
On harassment on the basis of ethnicity, the Bill further provides that “A person (who) subjects another to harassment on the basis of ethnicity for the purposes of this section where on ethnic grounds, he justifiably engages in a conduct which has the purpose or effect of: a) Violating that other person’s dignity or b) Creating an intimidating, hostile, degrading, humiliating, or offensive environment for the person subjected to the harassment.
“Conduct shall be regarded as having the effect specified in subsection (1) (a) or (b) of this section if, having regard to all circumstances, including in particular the perception of that other person, it should reasonably be considered as saying that effect.
“A person who subjects another to harassment on the basis of ethnicity commits an offence and shall be liable on conviction to an imprisonment for a term not less than ten years, or to a fine of not less than Ten million Naira, or to both.”
On Offence of ethnic or racial contempt, the Bill provides that “Any person who knowingly utters words to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race, commits an offence and shall be liable on conviction be liable to imprisonment for a term not less than five years, or to a fine of not less than Ten million Naira, or to both.”
On Discrimination by way of victimization, the Bill provides that “A person victimizes another if in any circumstance relevant for the purpose of this Act, the person does any act that is injurious to the wellbeing and esteem of another person by U eating the person to less favorably than, in those circumstances, such person treats or would treat other persons, and does so by reason that the person victimized has:
“(a) Made a complaint under this Act; (b) Otherwise done anything under or by reference to this, (c) Given evidence or information in connection with proceedings brought by any person against any other person under this Act; or (d) By reason that the person who has violated the provision(s) of this Act knows that the persons victimized intend to do any of those things, or suspects that the person victimised has done or intend to do, any of them.
“A person who subjects or threatens to subject another person to any detriment because the other person, or a person associated with the other person: (i) has made a complaint against any person; (ii) has brought any other proceedings under this Act against any person; (iii) has given evidence or information, or produced a document, in connection with any proceedings under this Act; (iv) has otherwise done anything in accordance with this Act in relation to any person;
“(v) has contravened a provision of Pan III, unless the allegation is false and was not made in good faith; (vi) has refused to do anything in accordance the allegation is false and was made in good faith;
“(b) fails to comply with a notice by the Commission under section 57; (c) hinders or obstructs a Commissioner, member of staff of the Commission 01′ the Secretaly in the exercise of powers or the performance of functions under this Act;
“(d) uses insulting language towards a Commissioner, member of staff of the Commission or the Secretaty when the member Commissioner, Member of staff 01′ Secretaty is exercising powers or performing functions under this Act; or
“(e) gives any information 01‘ makes any statement to the Commission, the Secretary or a person acting on behalf of the Commission or the Secretary in exercise of powers or the performance of functions under this Act which the person knows is false or misleading in any material particular, commits an offence and shall be liable on conviction to a fine of two million naira or to imprisonment for a term not less than twelve months or both.”
On Offences by body of persons, the Bill said that “In the case of an offence under this Act committed by a body of persons” (a) where the body of persons is a body corporate, cvcry director, trustee and officer of that body corporate shall also be deemed to be guilty ofthal offence; and
“(b) where the body of persons is a firm, every partner of that firm shall also be deemed to be guilty of that offence”
The objectives and functions of the proposed commission on Hate Speech, according to the Bill includes to facilitate and promote a harmonious peaceful co-existence within the people of all ethnic groups indigenous to Nigeria and more importantly to achieve this objective by ensuring the elimination of all forms of hate speeches in Nigeria, and to advise the Government of the Federal Republic of Nigeria on all aspects thereof.
It added that without prejudice to the generality of subsection (1), the Commission shall:
“Promote the elimination of all forms of hate speeches against any person(s) or ethnic group indigenous to Nigeria.
“Discourage persons, institutions, political parties and associations from advocating or promoting discrimination or discriminatory practices through the use of hate speeches.
“Promote tolerance, understanding and acceptance of diversity in all aspects of national life and encourage full participation by all ethnic communities in social, economic, cultural and political life of other communities;
“Plan, supervise, co-ordinate and promote educational and training programs to create public awareness, support and advancement of peace and harmony among ethnic communities and racial groups;
“Promote respect for religions, cultural, linguistic and other forms of diversity in a plural society;
“Promote equal access and enjoyment by persons of all ethnic communities and racial groups to public or other services and facilities provided by the Govemment;
“Promote arbitration, conciliation, mediation and similar forms of dispute resolution mechanisms in order to secure and enhance ethnic and racial harmony and peace;
“Investigate complaints of ethnic or racial discrimination and make recommendation to the Attorney-General, the Human Rights Commission or any other relevant authority on the remedial measures to be taken where such complaints are valid.”
The Commission shall also: “Investigate on its own accord or on request from any institution, office, or person any issue affecting ethnic and racial relations;
“Identify and analyze factors inhibiting the attainment of harmonious relations between ethnic communities, particularly barriers to the participation of any ethnic community in social, economic, commercial, financial, cultural and political endeavours, and recommend to the Government and any other relevant public or private body how these factors should be overcome;
“Determine strategic priorities in all the socio -economic political and development policies of the Government impacting on ethnic relations and advise on their implementation;
“Recommend to the Govemment criteria for deciding whether any public office or officer has committed acts of discrimination on the ground of ethnicity or race;
“Monitor and review all legislation and all administrative acts relating to or having implication for ethnic or race relations and, from time to time, prepare and submit to the Government proposals for revision of such legislation and administrative acts;
“Initiate, lobby for and advocate for policy, legal or administrative reforms on issues affecting ethnic relations;
“Monitor and make recommendations to the government and other relevant public and private sector bodies on factors inhibiting the development and harmonious relations between ethnic groups and on barriers to the participation of all ethnic groups in the social, economic, commercial, financial, cultural and political life of the people;
“Undertake research and studies and make recommendations to the Government on any issue relating to ethnic affairs including whether ethnic relations are improving;
“Make recommendations to the Govemment on any issue relating to ethnic affairs including whether ethnic relations are improving;
“Monitor and report annually to the Nation Assembly the status and success of implementation of its recommendations;
“Issue notices directing person, persons or institutions involve in actions or conduct amounting to violations on the basis of ethnicity or race to stop such actions or conduct within a given period; and
“Do all other acts and things as may be necessary to facilitate the efficient discharge of its functions.”