CRIMINALISATION OF FREE SPEECH: A COMPARATIVE STUDY OF THE NIGERIAN CYBERCRIMES ACT

Abstract

The Nigerian Cybercrimes (Prohibition, Prevention, etc.) Act 2015 (as amended in 2024) criminalises broad categories of online expression, including messages that are described as being ‘grossly offensive’ or cause ‘annoyance’ or ‘insult.’ This article undertakes a comparative analysis of these provisions against constitutional free speech guarantees under Section 39 of the 1999 Constitution and the African Charter on Human and Peoples’ Rights. Drawing on case law from Nigeria, South Africa, Kenya, and the European Court of Human Rights, the article argues that the Act's vague and overbroad provisions chill legitimate speech and violate constitutional standards. It proposes targeted amendments to align the Act with international best practices.