The Socio-Economic Rights and Accountability Project (SERAP) has appealed Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to immediately withdraw a controversial bill seeking to amend the Nigeria Data Protection Act 2023. The bill, according to SERAP, would impose draconian restrictions on bloggers and social media platforms operating within Nigeria’s borders.
In a letter dated April 12, 2025, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organization called on the National Assembly leadership to “immediately withdraw the repressive bill for an act to amend the Nigeria Data Protection Act, 2023,” which mandates that social media platforms and bloggers must establish physical offices within Nigeria’s territorial boundaries or face punitive action.
According to SERAP, 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”—poses a grave threat to digital rights and freedoms in the country.
The bill, which has already passed its first and second readings in the Senate, proposes, among other things, that bloggers must register local offices and join recognized national blogging associations.
SERAP described the legislative move as an attempt to reintroduce the “widely rejected” social media bill through the back door. It argued that the bill is inconsistent with Nigeria’s obligations under the 1999 Constitution (as amended) and international human rights treaties.
“If passed, the bill would also be used to ban major social media platforms—including Facebook, X (formerly Twitter), Instagram, WhatsApp, YouTube, TikTok, and independent bloggers—if they ‘continuously fail to establish/register and maintain physical offices in Nigeria for a period of 30 days,’” SERAP stated.
The group warned that such legislation could be exploited by authorities to censor dissenting voices and punish individuals and organizations for peacefully exercising their rights to freedom of expression and association.
“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. Lawmakers should not become arbiters of truth in the public and political domain,” the letter read.
Legal Implications and Threat to Democracy
SERAP expressed concerns that the bill could be weaponized to block access to social media platforms, hinder access to information, and stifle critical discourse, particularly against the ruling government.
“This regulation may also be used as a pretext to force bloggers to disclose their sources, undermining the right to protect journalistic sources—a cornerstone of press freedom,” the organization said.
The bill, if passed, would also adversely affect unregistered bloggers operating within Nigeria, placing disproportionate barriers on individuals and groups—especially journalists, civil society organizations, and human rights defenders—who may be critical of government policies.
“Mandatory regulation of journalism is incompatible with the right to freedom of expression. There is no legitimate reason why bloggers—or in fact members of the general public—should be subject to mandatory regulation or licensing to express themselves,” SERAP added.
Business, Technology, and Economic Impact
Beyond the human rights implications, SERAP also highlighted the economic and operational disruptions the bill could cause. The requirement for international tech companies to establish physical offices in Nigeria may lead to mass exits from the country’s digital space.
“In addition to infringing on Nigerians’ right to access to information and digital technology, the proposed bill would severely hamper business operations, as many companies are reliant on foreign tools, services, and platforms to operate.”
The proposal, according to SERAP, fails to consider the borderless nature of digital communication and violates the principle that freedom of expression should be protected “regardless of frontiers.”
SERAP Threatens Legal Action
SERAP emphasized that if the National Assembly proceeds with the bill and it is signed into law by President Bola Tinubu, the organization would not hesitate to challenge its legality in court.
“Should the National Assembly and its leadership fail to withdraw the bill to regulate the activities of bloggers, and should any such bill be assented to by President Bola Tinubu, SERAP would consider appropriate legal action to challenge the legality of any such law and ensure it is never implemented in the public interest.”
The group concluded by reminding the National Assembly of its legal obligations to ensure a safe and open environment where diverse opinions and ideas can be freely expressed and debated.
Citing the 2005 and 2011 Joint Declarations by special rapporteurs on freedom of expression, SERAP reiterated that “[n]o 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, including Internet broadcasting.”
What You Should Know
- The bill seeks to amend the Nigerian Data Protection Act 2023 by introducing stringent regulations for bloggers and social media platforms.
- It requires physical presence and official registration of social media platforms within Nigeria.
- SERAP warns that the bill could be used to stifle dissent, censor online expression, and violate fundamental human rights.
- The bill has passed its first and second readings in the Senate, awaiting further legislative action.
- SERAP has threatened legal action should the bill be passed into law.
