Hate Speech Vs Freedom of Speech

“Freedom of expression is not absolute; it is subject to the law. The law defines hate speech as a comment made to incite one group against the other. So, there is nothing wrong with government curtailing hate speech. Whoever indulges in hate speech is committing an offence. Therefore, there is nothing wrong in trying to criminalise hate speech. There is derogation to it under section 45 of the constitution. It is not such a right like right to life, right to human dignity that are absolute.”

Obiagwu, however, pointed out the Federal Government has to be clear about what constitutes hate speech. “But the government has to be clear about what constitutes hate speech, so that it does not use it for political vendetta. However, the Federal Government should enunciate a clear policy on the issue.”

Speaking in a similar vein, an Abuja-based legal practitioner and human rights advocate, Esther Uzoma, averred that the question of what constitutes a hate speech would have to be determined by the court.

Uzoma who doubles as Principal Partner, Heptagon & Associates and National Coordinator of Proactive Gender Initiatives, said the primary duty of every government was to provide security for its people, arguing that it is not out place for government to monitor the activities of its citizens so as to nip in the bud actions that might jeopardize the security of the people. But then, she noted that monitoring the activities of Nigerians on social media in the instant case should not rise to the use of force.

“The question of whether any speech falls within the realm of hate speech or not is a question for the court to decide. It is not an executive question. It is for the judiciary to determine what constitutes a hate speech.

“The primary responsibility of government is to provide security for its citizens. It is not out of place for government to monitor anything that citizens are involved in, but that monitoring should not rise to the level of coercion or prohibition. Therefore, freedom of expression is the right of citizens but it is not the right of citizens to make utterances that would cause disaffection in the body polity.” L&S