‘Repeal backdoor social media bill or face legal action’, SERAP Tells Akpabio, Abbas

The Socio-Economic Rights and Accountability Project (SERAP) has urged the President of the Senate, Senator Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas to “immediately reject and withdraw the Nigerian Data Protection (Amendment) Bill, 2026, as the bill is a backdoor attempt to regulate social media and expand government control over online expression, which is inconsistent with international human rights standards.”

The bill, sponsored by Senator Ned Nwoko (APC, Delta North), seeks to compel social media platforms, data controllers and data processors operating in Nigeria to establish physical offices in the country, and empowers the Nigerian Data Protection Commission (NDPC) to shut down or ban the operations of any entity that fails to comply within 30 days.

In a letter dated July 18, 2026 and signed by SERAP Deputy Director Kolawole Oluwadare, the organization said: “Requirements forcing technology companies to establish local offices would increase government influence over platforms, facilitate political pressure, make it easier to demand censorship, and leave local employees vulnerable to retaliation.”

SERAP said: “This bill will create a sweeping force capable of shutting down or excluding social media platforms from the Nigerian market and subjecting millions of Nigerians to serious violations of their constitutionally and internationally guaranteed human rights.”

According to SERAP, “This bill follows previous efforts by the National Assembly to regulate social media that generated widespread public opposition and serious human rights concerns.”

The letter, in part, reads: “The current bill revives a similar proposal previously put forward by Senator Nwoko, raising new concerns that localization requirements are being used as a means to expand government control over digital platforms and online expression.”

“If the bill is passed into law in its current or substantially similar form, SERAP will immediately take all necessary legal action to challenge its legality in the public interest and to ensure that the fundamental rights of Nigerians are fully protected.”

“The National Assembly should avoid imposing localization requirements that burden digital services and undermine citizens’ rights.”

“This bill is a backdoor attempt to regulate social media and increase government control over online expression through company localization requirements, rather than through transparent and constitutionally permissible regulations.”

“The bill also risks recreating dangers previously condemned by the ECOWAS Court. In SERAP and Others v. Federal Republic of Nigeria, the Court ruled that Twitter’s suspension violates the rights to freedom of expression, access to information and media freedom protected under the African Charter.”

“While the current form of the bill differs from the Twitter suspension, it creates the possibility of achieving the same outcome indirectly by empowering regulators to ban digital platforms from operating in Nigeria.”

“The National Assembly shall not enact laws capable of producing, through indirect regulation, restrictions on fundamental rights prohibited by regional human rights law.”

“Governments have a legitimate interest in ensuring that digital platforms operate responsibly and comply with domestic laws. However, such regulations must remain true to constitutional guarantees and international human rights standards.”

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“Measures regulating digital services should increase transparency, accountability, and user rights—not create additional tools for censorship, surveillance, or political interference.”

“Laws that empower regulators to exclude digital platforms from Nigeria will inevitably undermine the rights of the people who depend on such platforms. The proposed section 5(p) in the bill empowers the NDPC to prohibit entities from conducting operations in Nigeria without adequate procedural safeguards.”

“The bill contains no requirement to obtain prior legal permission, no obligation to consider less restrictive alternatives, no meaningful opportunity to remedy alleged non-compliance beyond the 30-day period, and no requirement to consider the impact of the ban on the fundamental rights of millions of Nigerians.”

“In effect, this bill authorizes administrative agencies to impose sanctions comparable to nationwide restrictions on digital communications without the procedural safeguards typically required whenever fundamental rights are at stake.”

“This bill cannot withstand scrutiny under Article 45 of the Nigerian Constitution, which permits restrictions on fundamental rights only if they are prescribed by law, have a legitimate purpose, and can be reasonably justified in a democratic society.”

“While improving regulatory compliance may be a legitimate government objective, the proposed amendments completely fail to meet constitutional and international human rights law requirements of necessity and proportionality.”

“There is no evidence that existing powers under the Nigerian Data Protection Act are inadequate, that current enforcement mechanisms have failed, or that less stringent alternatives would be insufficient.”

“This bill implements one of the toughest sanctions available: the exclusion of digital platforms from Nigeria simply because they have not established a physical office.”

“The National Assembly should not achieve indirectly through regulatory localization requirements, what it constitutionally cannot achieve directly through social media restrictions. The practical consequences for millions of Nigerians are indistinguishable from banning platforms.”

“The National Assembly must immediately reject and withdraw the bill, as it is clearly inconsistent with the Nigerian Constitution and Nigeria’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.”

“This bill will undermine the country’s digital economy, innovation ecosystem and international reputation. While this bill is proposed as an amendment to the Nigerian Data Protection Act intended to improve regulatory compliance and consumer protection, its practical impact is much broader.”

“By requiring social media companies to establish physical offices in Nigeria as a condition of continuing to operate, and by empowering the NDPC to ban their operations after 30 days of non-compliance, this bill creates a legal mechanism capable of excluding digital platforms from Nigeria.”

“This proposed amendment does not just threaten the interests of technology companies. It directly impacts the rights of millions of Nigerians who depend on digital platforms to exercise their rights to freedom of expression, receive and impart information, associate with others, participate in political life, conduct business, pursue education, and engage in community advocacy.”

“Article 39 of the Nigerian Constitution, Article 19 of the International Covenant on Civil and Political Rights, and Article 9 of the African Charter on Human and Peoples’ Rights guarantee the right to freedom of expression, digital rights and access to information.”

“The UN Human Rights Committee has consistently emphasized that restrictions on freedom of expression must always meet the requirements of legality, necessity and proportionality, and that governments must employ the least restrictive means to achieve legitimate public objectives.”

“The Declaration of Principles on Freedom of Expression and Access to Information from the African Commission on Human and Peoples’ Rights in Africa calls on countries to facilitate universal access to the internet, refrain from unnecessary restrictions on digital communications and protect online intermediaries from undue interference.”

“The former UN Special Rapporteur on freedom of expression, David Kaye, has repeatedly warned governments against requiring technology companies to establish local offices as a means to facilitate censorship or indirect government pressure on content moderation decisions.”

“As the UN Special Rapporteur on freedom of expression has warned, countries should avoid implementing intermediary obligations that encourage private censorship or allow governments to exert undue influence over online platforms.”

“The Special Rapporteur further emphasized that governments should not shift responsibility for regulating lawful expression to private companies through measures that increase government influence over digital platforms.”

“The proposed amendments are in direct conflict with the objectives of the Nigeria Startup Act 2022 and the National Digital Economy Policy and Strategy.”