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Nigeria’s Social Media Bill: A New Cloak for Old Censorship?

The Nigerian Senate has passed a bill mandating social media companies to establish physical offices in the country, a move that has raised alarms among digital rights advocates. While the government presents this as a step toward better regulation and accountability, history suggests otherwise. Given Nigeria’s track record of suppressing dissent, this requirement could become a tool for censorship, data control, and corporate strong-arming—thinly veiled as governance.

Nigeria has long wrestled with the idea of controlling social media. In 2019, the government attempted to pass the Protection from Internet Falsehoods and Manipulations Bill, infamously known as the “Social Media Bill.” The bill, modeled after Singapore’s fake news law, sought to criminalize the spread of “false statements” online—a vague term that critics feared could be weaponized against dissent. Public outcry, both local and international, led to its rejection.

Then in 2021, the Nigerian government suspended Twitter for seven months after the platform deleted a tweet from President Muhammadu Buhari that threatened violence against separatist groups. During the ban, the government attempted to force Twitter to set up a local office, among other demands, before lifting the suspension. This new bill appears to be a more systematic attempt to institutionalize that demand.

Nigeria is not the first country to attempt such a move.

            •Russia (2021): Russia passed a law requiring foreign tech companies with more than 500,000 Russian users per day to open local offices. This gave the Kremlin leverage to pressure companies into compliance with its strict internet laws. As a result, companies like Google and Apple have been accused of quietly complying with censorship demands, including the removal of opposition-linked apps from their stores.

            •India (2021): The Indian government introduced rules forcing social media companies to appoint local compliance officers. Soon after, Twitter’s office in India was raided by police over a fact-checking dispute. The requirement made it easier for authorities to intimidate tech firms into self-censorship.

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            •Turkey (2020): Turkey mandated that social media firms appoint local representatives. In the months that followed, the government began imposing heavy fines on companies like Facebook and Twitter for refusing to remove “undesirable” content. Eventually, some platforms were forced into compliance.

Requiring physical offices in Nigeria places social media companies under local jurisdiction, making them vulnerable to government pressure. Here’s what that could mean for citizens:

            1.Increased Government Censorship: Platforms may be coerced into removing content critical of the government. With the threat of fines or bans, companies may resort to proactive censorship to avoid conflict.

            2.Surveillance and Privacy Risks: With a local presence, authorities could demand user data more easily. Given Nigeria’s history of clamping down on activists—such as during the #EndSARS protests—this raises concerns about the safety of outspoken citizens.

            3.Economic and Innovation Setbacks: The regulatory burden may discourage global platforms from investing in Nigeria, potentially reducing job opportunities and limiting the digital economy’s growth.

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While the bill is presented as a necessary measure for oversight, the pattern of government behavior suggests a deeper motive: control over digital discourse. If history is anything to go by, this requirement may not only affect corporate compliance but also the fundamental rights of Nigerian citizens to free expression.

With this bill moving forward, the question remains: is Nigeria truly regulating social media—or silencing it?

To fully grasp the potential impact of Nigeria’s new bill requiring social media companies to set up local offices, it’s important to examine the broader implications from multiple angles.

1. Historical Context: Government Actions During #EndSARS Protests

During the #EndSARS protests in October 2020, the Nigerian government took significant measures to suppress the movement’s momentum:

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            •Financial Suppression: The Feminist Coalition, a prominent group supporting the protests, faced financial blockades. Their payment link, managed by Flutterwave, became inoperative on October 13, 2020. Media reports indicated that this was an attempt to obstruct funding channels for the protests. Additionally, the Coalition’s Naira bank account was reportedly blocked, hindering their ability to receive donations.

            •Targeting Supporters: Organizations like Gatefield, which provided financial support to journalists covering the protests, experienced account freezes. On October 15, 2020, Gatefield’s bank account, operational for seven years, was suddenly blocked, disrupting their efforts to document the protests.

These actions highlight the Nigerian government’s readiness to leverage financial systems to stifle dissent, raising concerns about potential misuse of mandated local offices of social media companies.

2. Comparative Analysis: Uganda’s Social Media Tax

Uganda’s experience with regulating social media offers valuable insights:

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            •Introduction of Social Media Tax: In July 2018, Uganda imposed a daily tax of 200 Ugandan Shillings (approximately $0.05) on users accessing platforms like WhatsApp, Facebook, and Twitter. President Yoweri Museveni justified the tax as a means to curb “gossip.”

            •Public Backlash and Freedom of Expression: The tax faced significant opposition, with critics arguing it was a tactic to suppress free speech and limit government criticism. Amnesty International condemned the tax, stating it undermined the right to freedom of expression.

            •Economic Impact: Given that 27% of Ugandans lived on less than $1.25 a day, the tax rendered social media access unaffordable for many, effectively silencing a substantial portion of the population.

This case illustrates how governmental policies can curtail digital freedoms under the guise of regulation, serving as a cautionary tale for Nigeria.

3. Economic and Innovation Implications: Ghana’s Appeal to Tech Giants

Nigeria’s regulatory environment may influence tech companies’ decisions on regional investments:

            •Twitter’s Choice of Ghana: In April 2021, Twitter announced Accra, Ghana, as the location for its African headquarters. The company cited Ghana’s support for free speech, online freedom, and the Open Internet as key factors in its decision.

            •Regulatory Climate Considerations: Ghana’s favorable regulatory environment contrasts with Nigeria’s increasing attempts to control digital spaces, potentially deterring tech investments.

This scenario underscores the potential economic repercussions of restrictive digital policies, as companies may seek more accommodating environments for their operations.

By examining these aspects, we can better understand the potential consequences of Nigeria’s bill on social media companies and the broader implications for freedom of expression, economic growth, and technological innovation.

Nigeria’s new bill mandating social media companies to open local offices raises yet another fundamental question: will global tech giants actually comply? If history is any indicator, the answer is a firm no—but with Elon Musk now at the helm of X (formerly Twitter), the game might change.

When Twitter was looking to establish its African headquarters in 2021, Nigeria was never in the running—despite having the continent’s largest online population. Instead, the company chose Ghana. The reason was simple: Ghana had stronger protections for free speech, a more stable regulatory environment, and an openness to foreign businesses that Nigeria simply couldn’t match. In their official statement, Twitter made it clear that Ghana’s support for democracy, free speech, and an open internet aligned with their values.

Nigeria, on the other hand, sent a different message. Just months after Twitter’s Ghana announcement, the Nigerian government banned the platform outright for seven months. That decision reinforced the idea that authorities saw social media as a threat rather than a partner. If Twitter, under its previous management, refused to set up shop in Nigeria before this bill, it is difficult to see why X, Meta, or TikTok would suddenly change course now.

However, Elon Musk’s ownership of X introduces an unpredictable element. Under his leadership, the platform has taken a dramatically different approach to free speech and government relations. Musk has consistently pushed for an “absolute free speech” policy, reinstating previously banned accounts and dismantling much of the company’s content moderation infrastructure. At the same time, he has shown a willingness to comply with certain government demands. In early 2023, for example, X geo-restricted content in Turkey before a major election, a move widely seen as bowing to political pressure.

This raises the question: could Musk strike a deal with Nigeria’s government that his predecessors wouldn’t? While companies like Meta and TikTok are likely to resist Nigeria’s demand for local offices—citing regulatory overreach and business risks—Musk’s unpredictability makes X an outlier. If the Nigerian government plays its cards right, they might find a willing partner in Musk in a way they never could with Twitter’s previous leadership.

But would that be a win for Nigerians? That’s another debate entirely.

On the other hand, if social media giants do refuse to establish local offices in Nigeria, the government has several possible responses—each with its own consequences. One potential reaction is an attempt to ban or restrict these platforms, much like the Twitter ban in 2021. However, history has shown that such efforts tend to backfire. During the Twitter ban, Nigerians quickly switched to VPNs, businesses suffered revenue losses, and the backlash from the international community forced the government to lift the restrictions after seven months. Given the widespread reliance on platforms like WhatsApp, Facebook, and Instagram for both communication and commerce, any attempt at an outright ban would be significantly more disruptive than the Twitter debacle.

Another possibility is that the government tries to impose financial penalties and legal pressure, following the example of countries like India and Turkey. In these nations, authorities have used heavy fines and the threat of legal action against local employees to force compliance from tech companies. However, this strategy only works when these companies have a physical presence in the country, which is precisely what they are trying to avoid. If Meta or TikTok refuses to comply with Nigeria’s demands, the government would have little real leverage beyond threats or attempting to force telecom providers to throttle access, a move that could spark further public outrage.

Ultimately, if these companies decline to set up local offices, Nigeria risks isolating itself digitally and economically. The government might find itself in a position where it either escalates enforcement in ways that hurt its own economy or backs down in recognition of the impracticality of its demands. Either way, the standoff would once again expose the tension between Nigeria’s desire for control and its dependence on the very platforms it seeks to regulate.

ThinkBusiness Africa

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