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Nevertheless, access to ICTs is characterized by a large urban-rural divide. According to a Gallup

poll published in August 2012, 39 percent of urban Nigerians said they had used the internet in the

last week, compared to 16 percent of those living in rural areas.

Low literacy rates are also an

obstacle to access, with 28 percent of the population illiterate in English, the main language used by

Nigerian online news outlets and blogs.

High costs are another major impediment to internet access. While increased competition among

service providers has made the cost of access more affordable for many Nigerians, the country’s

average minimum wage still stands at about US$115 per month.

FWA services cost an average of

$65 per month (a decrease from $80 in 2010), and only about 9 percent of the Nigerian population

reported having a computer in the household.

As of January 2013, the price for internet use in a

cybercafe cost about $0.64 per hour, down from $1 in 2011, though cybercafes have seen a sharp

decline in patronage in recent years due to expanding mobile internet usage enabled by the

decreasing cost of data plans on GSM network. In 2012, the average cost of a GSM plan dropped

from $1 per megabyte of data in 2011 to $0.30, and 26 percent of individuals surveyed in a 2012

Gallup poll who had used a mobile phone in the week prior had used it to access the internet.

In addition to cost, power cuts continue to disrupt service and access, with many users reporting

the need to use private generators to stay online during outages. While the country’s electricity

supply improved notably in 2012, it saw a huge decline in 2013 and Nigeria is still reportedly the

largest importer of private power generators in Africa, despite the country’s status as an oil-rich

country.

Telecommunication companies also depend on diesel-powered generators to maintain

consistent service amid sporadic power cuts, spending an estimated NGN 177 billion ($1.14

billion) annually on fuel for the generators needed to provide back-up power for the country’s

22,000 base stations.

Moreover, the need to pay for expensive backup power generators has

accelerated the closure of cybercafes that were already struggling with competition against the

growing popularity of internet access via mobile devices.

In March 2007, the government established the Nigerian Internet Exchange Point as a means of

connecting internet service providers (ISPs) to one another; it had 38 members as of December

2012.

Several telecommunications companies have also migrated to private fiber-optic cable

projects, such as Glo-1 and MainOne, the latter of which provides connectivity for 21 ISPs,

Broadcasting Board of Governors, “New BBG Gallup Data Shows Dramatic Rise In Mobile Use In Nigera,” video, August 20,

2012, http://www.bbg.gov/press‐release/new‐bbg‐gallup‐data‐shows‐dramatic‐rise‐in‐mobile‐use‐in‐nigeria/.

“At a Glance: Nigeria—Statistics,” United Nations Children’s Fund (UNICEF), last modified March 2, 2010, accessed June 29,

2012, http://www.unicef.org/infobycountry/nigeria_statistics.html.

Minimum Wage, “Nigeria Minimum Wage, Labor Law, and Employment Data Sheet,” International Minimum Wage Rates

2013, accessed January 31, 2013, http://www.minimum‐wage.org/international/en/Nigeria.

Broadcasting Board of Governors, “New BBG Gallup Data Shows Dramatic Rise In Mobile Use In Nigeria .”

Clara Nwachukwu, “Nigeria Maintains Lead in Generator Imports in Africa…,” Vanguard, January 10, 2011,

http://www.vanguardngr.com/2011/01/nigeria‐maintains‐lead‐in‐generator‐imports‐in‐africa‐%E2%80%A6/.

Amaka Eze, “Base Stations Gulp N178bn Worth of Diesel Annually,” This Day Live, August 27, 2012,

http://www.thisdaylive.com/articles/base‐stations‐gulp‐n178bn‐worth‐of‐diesel‐annually/123273/.

Internet Exchange Point of Nigeria, “Our Members,” accessed December 13, 2012,

http://www.nixp.net/index.php?option=com_content&view=article&id=13&Itemid=13.

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telecommunication companies, banks and other corporate entities in Nigeria and Ghana.

However, the reduced cost of a cable connection over satellite has yet to be passed on to

consumers.

The ICT market in Nigeria has expanded considerably over the past decade, with the number of

licensed ISPs rising from 18 in 2000 to 139 (28 of which have licenses in need of renewal

) by the

end of 2012. There are also 11 FWA providers,

and four GSM mobile phone operators that

provide internet access to their subscribers.

Nevertheless, the growth of ISPs and FWA providers

has slowed in recent years with the rise in mobile access. As of March 2013, the four privately-

owned GSM companies had a total of 114 million subscribers between them, MTN with 51

million, compared to Globacom’s 24 million, Airtel’s 24 million, and Etisalat’s 15 million.

Furthermore, the process of issuing GSM licenses has been very transparent. Unlike similar

auctions that have been subject to political interference, most stakeholders regarded the first and

subsequent GSM license auctions as fair, and friends of prominent politicians, who are usually

recipients of such licenses, lost out in the process.

The only government-owned firm in the market, NITEL, is now inactive, with 58,750 landlines

and 258,520 mobile lines. It has remained on the government’s privatization list for several years

following multiple attempts to sell it. In February 2009, Transcorp, a local conglomerate with

strong ties to the government, relinquished the 51 percent stake that it had acquired in 2006,

and

in February 2010, New Generation Telecoms, a consortium that includes China Unicom, won a

controversial bid to purchase the company.

The president initiated an investigation in response to

allegations of corruption surrounding the purchase, but the findings have not yet been published.

As of 2013, NITEL remained on the government’s list of to-be-sold companies.

Internet services are governed by the Nigerian Telecommunications Act, which vests regulatory

responsibilities in the NCC. All ISPs must obtain a license from the NCC to operate, and there have

been no reports of any ISP being denied a license or registration renewal. However, new ISPs

“Our Clients,” Main One Cable Company, accessed December 23, 2012, http://www.mainonecable.com/our‐clients.

All 11 FWA providers have expired licenses according to the NCC website, which could mean that renewed license details

have yet to be uploaded to the website, or that the regulator is in the process of renewing licenses. See: Nigerian

Communications Commission, “Internet Services,” accessed December 31, 2012,

http://www.ncc.gov.ng/index.php?option=com_docman&task=doc_download&gid=326&Itemid=.

Nigerian Communications Commission, “Fixed Wireless Access,” accessed December 31, 2012,

http://www.ncc.gov.ng/index.php?option=com_docman&task=doc_download&gid=4&Itemid=53.

Nigerian Communications Commission, “Digital Mobile License,” accessed December 31, 2012,

http://www.ncc.gov.ng/index.php?option=com_docman&task=doc_download&gid=2&Itemid=53.

Nigerian Communications Commission, “Operator Data,” accessed December 31, 2012.

http://www.ncc.gov.ng/index.php?option=com_content&view=article&id=70&Itemid=76.

“NITEL Board Ratifies Appointment of Chairman: About NITEL,” Transcorp, September 24, 2008,

http://www.transcorpnigeria.com/corporatecom/archives.php?page=fullstory&nid=60; Betrand Nwankwo and Juliet Alohan,

“Nigeria: Transcorp Relinquishes 51 Percent Equity Share in Nitel/Mtel,” Leadership via All Africa, February 26, 2009,

http://allafrica.com/stories/200902260498.html.

Camillus Eboh, “New Generation Telecoms Acquires NITEL,” Reuters, February 16, 2010,

http://234next.com/csp/cms/sites/Next/Home/5527697‐146/new_generation_telecoms_acquires_nitel_.csp.

Camillus Eboh, “Nigeria Cabinet Sacking Delays Nitel sale,” Reuters, March 19, 2010,

http://www.reuters.com/article/idUSLDE62I0WS20100319.

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seeking to enter the market have faced challenges in their operations due to competition from

larger ISPs and investor focus on the mobile sector.

Although the government nominates the NCC’s nine-member board of commissioners, the

regulator’s decisions have been viewed as relatively independent. Nevertheless, in November

2012, the NCC executive commissioner Dr. Bashir Gwandu was removed from the board under

controversial circumstances after he revealed the details of an alleged frequency racketeering

scheme that involved the sale of a frequency slot belonging to the Nigeria Police to a private firm.

The federal government commissioned a joint NCC board and Ministry of Communication

Technology investigation, which declared Gwandu’s claims as unfounded.

According to the

government, the executive commissioner was removed from his post for “insubordination to the

current leadership of the nation’s telecoms regulatory agency.”

No blocking or filtering of online content was reported during the coverage period, though

evidence surfaced in the government’s proposed 2013 budget indicated its potential desire to

manipulate the online communications landscape. Calls to clampdown on the use of social media

made by government officials in mid-2012 also increased fears of impending internet censorship.

Online media has been relatively free from restrictions in Nigeria, and to date, the authorities have

not carried out any blocking or filtering of content, mainly due to the complex nature of Nigeria’s

internet framework, which makes it difficult to carry out systematic filtering or censorship.

Nevertheless, in January 2013, the Citizen Lab internet research group discovered evidence of the

Blue Coat PacketShaper appliance—a device that can help control undesirable traffic sent via online

applications by filtering according to content category—in Nigeria alongside 18 other countries

around the world, including China, Bahrain, and Russia. While the device was traced to a private

suburban network,

its discovery in Nigeria is disconcerting given recent revelations of the

government’s intent to install a monitoring and surveillance system (see “Violations of User

Rights”).

Otherwise, the last report of ICT disruption occurred on May 29, 2011, when residents of the

capital city, Abuja, reported that telecommunication services were inaccessible in certain areas.

“Interview: I Blew Whistle on Frequency Racketeering in NCC, Gwandu Says,” Technology Times, October 14, 2012,

http://www.technologytimesng.com/news/2012/10/6951/.

“Federal Government fires Gwandu from NCC,” Technology Times, November 28, 2012,

http://www.technologytimesng.com/news/2012/11/federal‐government‐fires‐gwandu‐from‐ncc/.

According to the last study by the OpenNet Initiative (ONI) conducted in 2007, several websites were inaccessible

surrounding the 2007 presidential elections due to technical problems, not government intervention. OpenNet Initiative,

“Internet Filtering in Nigeria,” October 1, 2009, http://opennet.net/research/profiles/nigeria; OpenNet Initiative, “Internet

Watch Report: The 2007 Presidential Elections in Nigeria,” November 2007, http://opennet.net/research/bulletins/014.

Discussion between a Freedom House consultant and Citizen Lab.

While the incident was not confirmed or reported by the mainstream media, various blogs covered the story, with a blog post

by IT News Africa reporting quotes from NCC representatives and the Visaphone service provider that cited security reasons

behind the isolated telecom shutdown. The reported shutdown coincided with the inauguration of the president, and there

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Some ISPs have been known to block access when users infringe on laws by downloading

copyrighted content, but this has often been done to manage network traffic rather than to protect

intellectual property.

The video-sharing website YouTube, social-networking site Facebook, microblogging application

Twitter, and various international blog-hosting services are freely available and among the most

popular websites in the country. According to the website rating company Alexa, the ten most

popular websites in Nigeria in 2012 were Facebook,

Google Nigeria, Google, Yahoo, YouTube,

Twitter, Blogspot, Twitter, Nairaland, an online discussion forum, the 302 Found web search

service, and the Vanguard.

Three other Nigerian websites were cited in the top 20—Punch

newspaper at number 13, GTBank at number 15, and LindaIkeji, (a gossip news site) at number 20.

Government manipulation of online content has not been a huge issue in Nigeria, though in June

2009, reports emerged that the Nigerian government planned to invest in sponsoring pro-

government websites and blogs.

In practice, it has been difficult to confirm whether the plan has

been implemented; however, a sharp increase in the volume of government responses to citizen

comments, participation in debates, and opinion pieces on government positions through online

media was observed in 2012. In addition, the government seems intent on creating its own social

media tools, as indicated by Nigeria’s 2013 budget proposal,

in which the information ministry

had made provisions to spend 100 million naira ($623,000) for “developing social media platforms

and networking with other platforms.”

Meanwhile, websites, blogs, and commentators are generally divided among those with

antigovernment, progovernment, and neutral leanings. Web commentary appeared to tilt against

the government in January 2012 during the Occupy Nigeria demonstrations, but there has been a

more balanced set of discussions since then, with many online commentators moving the

conversation towards socioeconomic issues in place of polarized debates. Furthermore, online self-

censorship has reduced notably since the January 2012 protests, and people now freely discuss

issues that were previously unpopular or taboo, such as gay rights. Criticism of the government on

social media has also increased, as have responses from government representatives.

Nevertheless, there is some indication that the government is beginning to feel threatened by

critical online commentary. On July 26, 2012, the President of the Senate of the Federal Republic

were claims of a possible bomb explosion following a similar event during the country’s independence anniversary celebration

in October 2010. See, Charlie Fripp, “Nigerians Angry Over Abuja Telecom Shutdown,” IT News Africa, May 31, 2011,

http://www.itnewsafrica.com/2011/05/nigeria‐angry‐over‐abuja‐mobile‐shutdown.

As of December 2012, there were over six million Facebook users. “Nigeria Facebook Statistics,” Socialbakers, accessed

December 29, 2012, http://www.socialbakers.com/facebook‐statistics/nigeria.

“Top Sites in Nigeria,” Alexa, accessed January 4, 2013, http://www.alexa.com/topsites/countries/NG.

Sokari Ekine, “Nigeria Government Launches Attack Against Bloggers,” Global Voices, June 25, 2009,

http://advocacy.globalvoicesonline.org/2009/06/25/nigeria‐government‐launches‐attack‐against‐bloggers/; “Umaru Yar’adua

Regime Launches $5 Million Online War,” Sahara Reporters, June 16, 2009, http://www.saharareporters.com/news‐

page/umaru‐yar%E2%80%99adua‐regime‐launches‐5‐million‐online‐war.

“New Projects,” in Ministry of Information 2013 Budget (Appropriation), Federal Republic of Nigeria, accessed June 29, 2013:

10, http://www.budgetoffice.gov.ng/2013%20appropriation/Copy%20of%2018.%20Summary_Information.pdf.

Tolu Ogunlesi, “Social Media Lessons for Govts and Businesses,” Punch, February 12, 2013,

http://www.punchng.com/opinion/social‐media‐lessons‐for‐govts‐and‐businesses/.

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of Nigeria, third in command after the president and vice president, called for a clampdown on the

use of social media in Nigeria while speaking at a media retreat.

Government representatives from

the Oyo State House of Assembly made similar declarations in 2012. These statements drew

reactions from citizens who viewed these statements as signs of impending online censorship,

leading the director general of Nigeria’s National Orientation Agency to publicly announce in

January 2013 that the government would not restrict social media.

There has also been some government interference in the economic aspects of online news

publishing. For example, in 2011, the leading critical online newspaper, 234Next, folded in part

due to a refusal to provide advertising by government or progovernment businesses. In 2013,

government patronage is still evident and is reputed to be the largest source of business contracts

that companies depend for financial sustainability.

Nigeria is home to a diverse blogosphere, with entertainment blogs drawing the most readers and a

growing number of Nigerians blogging about their personal lives or social issues. Blogs have

gradually emerged as an important platform for discussion and a source of reliable news for many

users, providing a space for lengthy debate among online commentators. Readers often leave

comments on popular news-oriented blogs to express frustration with societal issues. The Nigerian

blogosphere includes both expatriates and locally-based writers, and the popular platforms on

which Nigerian bloggers interact and learn from one another include Global Voices, Blogger,

Afrigator, and WordPress. The president’s Facebook page has also become a major avenue through

which citizens comment on public issues, and Twitter plays a prominent role in debates around

events as they happen, with government ministers often hosting Twitter chats with the public.

In addition, ICTs are playing an increasingly important role in mobilizing people for real life

protests and providing updates on unfolding events. Online citizen activism in Nigeria was

particularly evident in December 2012 when the Nigerian Youth Climate Action Network and

Human Rights Watch released a joint statement announcing that the “Nigerian government’s failure

to produce promised funding to address the worst lead poisoning outbreak in modern history is

leaving thousands of children to die or face lifelong disability.”

The statement was intended to

hold the government accountable to its May 2012 pledge of $4 million to clean up locations in

Zamfara state that had been contaminated with lead during gold mining operations. The groups

initiated a social media campaign, asking Nigerians to sign a petition and leave comments on the

president’s Facebook page,

while also using Twitter to demand that the government release the

Leke Baiyewu, “Social Media Users Carpet Mark on Call for Censorship,” Punch, July 29, 2012,

www.punchng.com/news/social‐media‐users‐carpet‐mark‐on‐call‐for‐censorship/.

Akinwale Aboluwade, “Assembly Seeks Law Against Abuse of Social Media,” November 2, 2012, Punch,

http://www.punchng.com/news/assembly‐seeks‐law‐against‐abuse‐of‐social‐media/.

Paul Adepoju, “Government Will Not Restrict Social Media in Nigeria – National Orientation Agency,” Humanipo, January 11,

2013, http://bit.ly/11m3uz0.

“[Town Hall Chat] Nigerian Youth Minister On Twitter @ 3‐5pm Today,” Tekedia, September 8, 2011,

http://tekedia.com/21375/town‐hall‐chat‐nigerian‐youth‐minister‐twitter‐35pm‐today/.

Human Rights Watch, “Nigeria: Death Stalking Lead‐Poisoned Children,” news release, December 6, 2013,

http://www.hrw.org/news/2012/12/06/nigeria‐death‐stalking‐lead‐poisoned‐children.

Human Rights Watch, “Ask Nigeria’s President What Happened to $4 Million,” December 6, 2012,

http://www.hrw.org/news/2012/12/06/ask‐nigeria‐s‐president‐what‐happened‐4‐million.

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promised funds.

These campaigns caught the attention of the Senate Committee Chair on Ecology

and Environment who visited the contaminated community himself and used his Twitter platform

to add further pressure on the government to take action. The government released the funds two

days after the campaign was launched, demonstrating the potential power of social media in

Nigeria.

Legislative discussions on cybercrime were expanded in 2012 to reflect the country’s heightened

security threats, and proposals were drafted to deal with cybersecurity and lawful interception. Still

under discussion as of mid-2013, the draft laws have elicited concerns over how they may limit

internet freedom in Nigeria. The most concerning development in the past year involved

revelations in April 2013 that the government had invested in monitoring and surveillance

technology and the discovery of a FinFisher command server located on a private ISP.

Nigeria’s 1999 constitution guarantees freedom of expression and of the press, and the lack of

internet-specific legislation has generally fostered an open environment for online activities.

Nonetheless, the country’s legal framework was revised in 2011 to reflect the use of new media

technologies through Section 84(1) of the 2011 Evidence Act, which provides for the admission of

statements in documents produced by computers and electronic signatures as evidence in court.

Libel also remains a criminal offense in Nigeria, with the burden of proof resting on the defendant.

Journalists covering sensitive issues such as official corruption, the president’s health, and

communal violence are regularly subjected to criminal prosecution, though such cases have yet to

arise for online expression. Furthermore, the implementation of Sharia or Islamic law in 12

northern states has not affected internet freedom to date.

In November 2011, the office of the National Security Advisor and the Attorney General drafted

the Cybersecurity Bill, revising the earlier Cyber Security and Information Protection Agency Bill,

which had provisions that could restrict users’ rights to free expression and privacy by allowing

security officials to apprehend and prosecute users based on suspicion and without a court order.

Taking into account feedback from citizens and stakeholders in the Nigerian ICT sector, the revised

bill reduced the powers granted to security officers by requiring a court order for the seizure of any

equipment and for arrests based on suspicion. The draft bill passed a second reading in the House of

Representatives in November 2012.

Japheth Omojuwa, “#SaveBagega: President Jonathan has Moved, Time for Dr. Okonjo‐Iweala to Shake Things,” YNaija,

January 30, 2013, http://www.ynaija.com/japheth‐omojuwa‐jonathan‐has‐moved‐time‐for‐okonjo‐iweala‐to‐shake‐things‐

savebagega‐y‐frontpage/.

Evidence Act, 2011, National Assembly, Federal Republic of Nigeria, accessed January 14, 2013,

http://www.scribd.com/doc/86359478/Evidence‐Act‐2011

Paul Adepoju, “Nigerian Cybercrime Bill Passed for Second Reading,” Humanipo, November 29, 2012,

http://www.humanipo.com/news/2618/Nigerian‐cybercrime‐bill‐passed‐for‐second‐reading.

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Meanwhile, many fear that the draft 2010 Lawful Interception of Information Bill,

which was still

being deliberated in the National Assembly as of May 2013, may include provisions that will allow

voice and data monitoring. In February 2013, the NCC introduced a new draft Lawful Interception

of Communications Regulation,

which seeks to accomplish through secondary legislation what the

2010 bill has been slow to achieve. Still under discussion in May 2013, the regulation was criticized

for potentially infringing on the constitutional right to privacy, in addition to a lack of safeguards

against abuse or opportunities for redress, and unclear supervisory and reporting provisions.

There are no restrictions on anonymous communication online in Nigeria, though SIM card

registration with service providers has been required since June 2009.

The process of registering

existing SIM cards extended through mid-2012, after which point service providers were required

to cut off unregistered users. Cybercafes, on the other hand, do not require customers to register

or present any form of identification to go online, and monitoring software installed on their

computers is used only for billing purposes.

Thus far, the Nigerian security services have not appeared to proactively monitor internet and

mobile phone communications, but many online journalists have long suspected that they are being

monitored by the state. Suspicions of government intentions to monitor ICT communications were

confirmed in April 2013 when the online newspaper, Premium Times, published a news report

revealing that the federal government had awarded a secret contract to Israel-based Elbit Systems to

help monitor internet communications in Nigeria.

This finding was further corroborated by

publicly available details of Nigeria’s 2013 budget, in which the Office of the National Security

Adviser requested $61 million for a “wise intelligence network harvest analyzer system, open

source internet monitoring system, personal internet surveillance system” and “encrypted

communication equipment.”

Citizen Lab research also found a FinFisher “Command and Control”

server, which communicates with malware that can be used for surveillance, located on a private

ISP in April 2013.

Nevertheless, the extent to which such surveillance systems have been

implemented have yet to be established in May 2013.

International Law Office, “Intercepting Private Communications,” March 7, 0212,

http://www.internationallawoffice.com/newsletters/detail.aspx?g=b24e48af‐d424‐4bd4‐b526‐52278a2e6d34#proposed.

Nigeria Communications Commission, “Draft Lawful Interception of Communication Regulations,” accessed February 10,

2013, http://www.ncc.gov.ng/index.php?option=com_docman&task=doc_download&gid=328&Itemid; Ojo Madueke,

“Revealed: SSS, Police Have Powers to Tap Phone Lines,” This Day Live, January 30, 2013,

http://www.thisdaylive.com/articles/revealed‐sss‐police‐have‐powers‐to‐tap‐phone‐lines/137851/; “Mind That Conversation:

Security Operatives To Tap Phones, Track E‐mail,” Naij, February 5, 2013, http://m.naij.com/news/22640.html; Ken Nwogbo,

“SSS, Police Get Powers to Tap Phones,” Nigeria Communications Week, January 29, 2013,

http://www.nigeriacommunicationsweek.com.ng/telecom/sss‐police‐get‐powers‐to‐tap‐phones.

Kunle Azeez, “Concerns Over Proposed Lawful Interception Law,” National Mirror Online, May 23, 2013,

http://nationalmirroronline.net/new/concerns‐over‐proposed‐lawful‐interception‐law/.

Nigerian Communications Commission and National Identity Management Commission, “Design, Development and Delivery

of SIM Card Registration Solution,” June 15, 2009, http://www.ncc.gov.ng/Archive/Headlines/SIM_Registration_RFP.pdf.

Ogala Emmanuel, “EXCLUSIVE: Jonathan awards $40 Million Contract.”

“Research and Development/Ongoing Projects,” in Office of the National Security Adviser 2013 Budget (Appropriation),

Federal Republic of Nigeria, accessed June 29, 2013: 10,

http://www.budgetoffice.gov.ng/2013%20appropriation/37.%20Summary_ONSA.pdf.

Morgan Marquis‐Boire et al., “For Their Eyes Only: The Commercialization of Digital Spying,” Citizen Lab, May 1, 2013,

https://citizenlab.org/2013/04/for‐their‐eyes‐only‐2/.

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Meanwhile, according to the “Guidelines for the Provision of Internet Service” published by the

NCC, ISPs are required to cooperate with law enforcement and regulatory agencies in providing

“any service related information… including information regarding particular users and the content

of their communications” during investigations of cybercrime or other illegal activity.

No details

are provided in the guidelines regarding the oversight mechanisms required to prevent government

authorities from acquiring free access to user information. The guidelines also stipulate that ISPs

must retain user data and “the content of user messages or routing data” for at least 12 months.

There are no clear provisions on what the NCC expects of mobile phone companies.

While the constitution protects freedom of expression and of the press, the state often uses

arbitrary and extralegal measures to suppress political criticism in the traditional media. The

Nigerian authorities have a history of arresting and intimidating traditional media workers, and at

least ten journalists have been killed in connection with their work since 1998.

In addition, there

is a culture of impunity for crimes against media workers, though there have been no reports of

individuals being sentenced to prison or physically attacked for their online activities.

Cyberattacks have increased in Nigeria, though most of the attacks have been against government

websites and carried out by the Naija Cyber Hacktivists,

a group that has claimed responsibility

for almost all cyberattacks to date. In 2012, cyberattacks against government websites reportedly

increased by 60 percent, up from 10 percent in 2010,

with a total of 38 websites defaced by

hackers.

Private sector websites such as those of an airline, a sugar processing company, and the

Labour Union were also hacked in 2012,

with most of the messages left on the defaced websites

aligning with citizen protests.

In response to growing instances of cybercrime in Nigeria, the government has increased its

measures to crackdown against criminal activity online. A 2011 Ernst & Young report found that

the country’s unchecked cybercrime imposes costs on the Nigerian economy to the tune of $200

million per year from cyberattacks alone.

In February 2013, the Nigerian House of

Representatives put forth a proposal to amend the 2004 criminal and penal codes to place strict

penalties on cybercrime, prescribing fines ranging from 5 to 25 million naira for offenders and jail

“Guidelines for the Provision of Internet Service Published by the Nigerian Communications Commission,” accessed June 27,

2013; 2 http://www.ncc.gov.ng/index.php?option=com_docman&task=doc_download&gid=62&Itemid=53.

“Guidelines for the Provision of Internet Service Published by the Nigerian Communications Commission,” 3.

Committee to Project Journalists, “10 Journalists Killed in Nigeria since 1992/Motive Confirmed,”

accessed January 30, 2013, https://www.cpj.org/africa/nigeria/.

Richard Essien, “EFCC & NCC Websites Hacked,” Daily Times, October 29, 2011, http://dailytimes.com.ng/article/efcc‐ncc‐

websites‐hacked.

“Cyber Attacks At Nigerian Government Websites Increased By 60% In 2012,” TechLoy, January 17, 2013.

http://techloy.com/2013/01/17/nigerian‐government‐websites‐cyber‐attack‐report.

The hacked websites included those of Ministry of Transport, National Agency for Food and Drug Administration and Control,

Economic and Financial Crimes Commission, Nigerian Army Education Corp, Central Bank of Nigeria, Nigeria Police, Ministry of

Science & Technology, Navy, Defense Headquarters, State Security Service, News Agency of Nigeria and National Examinations

Council.

“NLC Website Hacked over Botched Occupy Nigeria Protest,” Ogala, January 27, 2012,

http://ogala.wordpress.com/2012/01/27/nlc‐website‐hacked‐over/.

Ben Uzor Jr, “Nigeria Now Attractive to Cyber Criminals – Ernst & Young,” Business Day, September 27, 2011,

http://bit.ly/nPlzg7.

562

REEDOM ON THE

2013

IGERIA

terms between 2 and 15 years.

The Ministry of Justice resisted the proposed amendments,

advising that a “comprehensive executive bill on cybercrimes” would be a better approach than

amending the criminal and penal codes.

Meanwhile, broader conversations on issues of cyber-

security have also focused on how to protect internet freedom.

Nevertheless, at the ITU’s World Conference on International Communications in Dubai in

December 2012, Nigeria joined countries such as Russia, China, and the United Arab Emirates in

signing a proposal that sought to extend the International Telecommunication Regulations to give

national governments regulatory jurisdiction over the internet.

The proposal was not adopted due

to opposition from countries such as the United States, United Kingdom, Egypt, and Kenya out of

concern that that the regulations would threaten internet freedom.

“Reps Propose N25 Million Fine And 15‐Year Jail Term For Yahoo Boys,” Naij, February 9, 2013,

http://www.talkofnaija.com/news/132343_reps‐propose‐n25‐million‐fine‐and‐15‐year‐jail‐term‐for‐yahoo‐yahoo‐boys

John Ameh, “Reps Block Bid to Stop Criminal Code Hearing,” Punch, February 12, 2013,

http://www.punchng.com/news/reps‐block‐bid‐to‐stop‐criminal‐code‐hearing/.

“Who Signed The ITU WCIT Treaty... And Who Didn't,” TechDirt, December 14, 2012,

https://www.techdirt.com/articles/20121214/14133321389/who‐signed‐itu‐wcit‐treaty‐who‐didnt.shtml.

Charles Arthur, “Internet Remains Unregulated After UN Treaty Blocked,” Guardian, December 14, 2012,

http://www.guardian.co.uk/technology/2012/dec/14/telecoms‐treaty‐internet‐unregulated.

563

REEDOM ON THE

2013

AKISTAN

 In 2013, officials sought to systematize nationwide online content filtering, an effort

that was supposedly quashed in March 2012 (see L

IMITS ON

ONTENT

 Information authorities blocked YouTube and 20,000 other websites for anti-Islamic

content in 2012 (see L

IMITS ON

ONTENT

 The Pakistani Taliban claimed responsibility for critically wounding 15-year-old

blogger and activist Malala Yousufzai in October 2012 (see V

IOLATIONS OF

SER

IGHTS

 Islamist activists bombed at least three cybercafés or mobile phone stores on moral

grounds in 2013 (see V

IOLATIONS OF

SER

IGHTS

2012

2013

NTERNET

REEDOM

TATUS

REE

Obstacles to Access (0-25)

Limits on Content (0-35)

Violations of User Rights (0-40)

Total (0-100)

*0=most free, 100=least free

EVELOPMENTS

2012

–

PRIL

2013

OPULATION

180 million

NTERNET

ENETRATION

2012:

10 percent

OCIAL

EDIA

/ICT

PPS

LOCKED

Yes

OLITICAL

OCIAL

ONTENT

LOCKED

Yes

LOGGERS

/ICT

SERS

RRESTED

RESS

REEDOM

2013

TATUS

Not Free

564

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