Understanding Where Digital Rights Fit in Nigerian and International Law

In today’s connected world, the internet is no longer a luxury — it’s a necessity. Just as we have human rights in the physical world, we also have digital rights in the online space. These rights protect our ability to access, use, and create on the internet while safeguarding our privacy and freedom.

What Are Digital Rights?

Digital rights are the rights and freedoms that ensure individuals can safely and fairly participate in the digital environment. They are essentially the extension of human rights into the online world.

In simple terms, they cover:

  • The right to access the internet.
  • The right to freedom of expression online.
  • The right to privacy and protection of personal data.
  • The right to digital education and literacy.
  • The right to own and protect your intellectual property online.

Digital Rights Under Nigerian Law

Nigeria has taken significant steps to recognise and protect digital rights through legislation and policy. The key legal frameworks include:

  1. Nigeria Data Protection Act (NDPA) 2023 – Protects personal data from misuse, ensures lawful processing, and grants citizens control over how their information is collected, stored, and shared.

  2. Constitution of the Federal Republic of Nigeria (1999, as amended) – While not specifically about the internet, sections on freedom of expression (Section 39) and privacy (Section 37) have been interpreted to apply online.

  3. Cybercrimes (Prohibition, Prevention, Etc.) Act 2015 – Addresses offences like hacking, cyberstalking, identity theft, and online fraud, indirectly protecting individuals’ digital rights.

  4. Freedom of Information Act 2011 – Grants access to public information, including data held in digital form.

Digital Rights in International Law

Digital rights are also embedded in global human rights instruments, which Nigeria is a party to. Some key international references include:

  • Universal Declaration of Human Rights (UDHR) – Article 19 guarantees freedom of expression, which extends to online communication.
  • International Covenant on Civil and Political Rights (ICCPR) – Recognises the right to privacy (Article 17) and freedom of expression (Article 19).
  • African Charter on Human and Peoples’ Rights (ACHPR) – Protects rights to information, expression, and privacy, relevant in the African context.
  • United Nations Human Rights Council (UNHRC) Resolutions – Explicitly state that “the same rights people have offline must also be protected online.”

Why Digital Rights Matter

In Nigeria, where internet penetration is growing rapidly, digital rights are more important than ever. They ensure that:

  • Citizens can freely express opinions on social media without unlawful censorship.
  • Individuals have control over their personal data and can demand its deletion.
  • Creators and innovators can protect their works against online piracy.
  • Vulnerable groups, including women and young people, can access online spaces safely.

Where Digital Rights Fit In

Digital rights sit at the intersection of:

  • Human Rights Law – Extending constitutional freedoms to the online world.
  • Cybersecurity Law – Protecting people from threats that infringe on their digital freedoms.
  • Data Protection Law – Ensuring the ethical use of personal information.
  • Intellectual Property Law – Securing creative and technological innovations.

Final Thought

Digital rights are no longer optional; they are an essential part of modern citizenship. In Nigeria, the combination of constitutional protections, the NDPA 2023, and international treaties provides a strong framework. However, these rights must be actively defended and updated as technology evolves.

Just as we safeguard our freedoms offline, we must also guard our freedoms online — because in today’s world, the two are inseparable.

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