Introduction
Greetings, esteemed audience and fellow panellists! I am honoured to be a part of this critical session as a panellist, examining the topic of Trends in freedom of expression and digital rights, their impact on legal practice in Africa and the roles of the legal profession in defending the rights.
Freedom of Expression as a Fundamental Right
Please permit me to reiterate some of the points my co-panellists have made. Freedom of expression is a fundamental right enshrined in various international and regional treaties and the constitutions of most countries worldwide, including Nigeria. For instance, Article 19 of the Universal Declaration of Human Rights, Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR) expressly recognise this right. It has been ratified by all but two African countries – Comoros and South Sudan. My presentation will draw more from Nigerian Law. Section 39 of the Constitution of the Federal Republic of Nigeria as amended, explicitly recognises the right to freedom of expression. "Every person shall be entitled to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference."
The Importance of Freedom of Expression
Freedom of expression is arguably the most significant among fundamental rights, as it is the foundation for safeguarding other rights. It empowers individuals to vocalise grievances, raise awareness and initiate corrective actions. However, it is essential to establish safeguards to prevent its abuse, given its inherent power. Restrictions on freedom of expression are imposed by international instruments and national laws to protect the rights and reputation of others, national security, public order, public health, and morals.
Digital Rights in the Digital Age
In our increasingly digital world, where information transcends borders instantly, it is crucial to recognise digital rights. The digital age has revolutionised how people access and disseminate information, bringing us closer together than ever before. Digital rights extend human rights to the digital sphere, including the right to access the internet, freedom of association, privacy and security, and freedom of expression. Citizen journalism, a term coined by Mr Frank la Rue, former United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, which encompasses independent reporting by amateurs through blogs and social media platforms, has expanded the understanding of freedom of expression in the digital era.