Reps move to amend Cybercrimes Act to protect journalists, free speech

A BILL seeking to amend Nigeria’s Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 has been introduced in the House of Representatives, proposing sweeping changes aimed at strengthening freedom of expression, press freedom, and whistleblower protections.

Sponsored by Akintunde Rotimi, the proposed legislation, entitled ‘the Cybercrimes (Amendment) Act, 2026,’ targets controversial provisions of the existing law, particularly Sections 24, 27, and 38, which have long drawn criticism from media and civil society groups.

At the heart of the amendment is a redefinition of offences under Section 24, which deals with cyberstalking and online communications. The bill narrows the scope of criminal liability to cases where a person intentionally transmits communication that causes demonstrable harm and places another individual in fear of death, violence, or bodily harm. It also introduces provisions stating that disputes arising from public interest publications, such as defamation or alleged falsehood, should be resolved through civil remedies rather than criminal prosecution.

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In addition, the bill seeks to remove the power of law enforcement agencies or private complainants to unilaterally determine what constitutes false information or harm. Instead, such determinations would rest solely with courts of competent jurisdiction.

The proposed amendment to Section 27 introduces explicit protections for journalists and whistleblowers. Under the bill, individuals handling confidential information in the course of investigative reporting on matters of public interest would be exempt from prosecution, provided they act lawfully and adhere to professional standards.

Further changes are outlined in Section 38, where the bill calls for stricter safeguards around data access. Law enforcement agencies would be required to obtain judicial approval before accessing or intercepting data belonging to journalists or other protected persons. The amendment also embeds the principles of legality, necessity, and proportionality, and mandates that affected individuals be notified where practicable to prevent abuse.

The bill provides clear definitions for key terms such as ‘journalist,’ ‘whistleblower,’ and ‘public interest,’ expanding the scope to include disclosures related to corruption, abuse of power, and issues affecting citizens’ welfare.

If passed, the legislation would repeal any conflicting provisions in the principal Act while retaining other sections. It is expected to come into force upon receiving presidential assent from President Bola Tinubu.

According to its explanatory note, the bill is designed to curb vague interpretations of the law that have led to the criminalisation of investigative journalism, while aligning Nigeria’s cybercrime framework with constitutional guarantees and international human rights standards.