AN EXAMINATION OF REGULATORY CHALLENGES IN SOCIAL

MEDIA PLATFORM IN NIGERIA

CHAPTER ONE

INTRODUCTION

1.1 Background to the Study

Digital evolution has brought about creation of several social media platforms for
interactions to an extent that it is vital for this generation’s means of
communication which has resulted in outstanding evolution of a collaborative,
participatory, democratic and user-generated-content pattern of communication,
Odii1 cited in Agbawe 2.

Statistics revealed in Facebook’s latest annual quarterly report 3 that the social
media platform is closing in on 1.5 billion monthly users. It roughly translates into
almost a quarter of the world’s population. While Facebook is by the most popular
social media platform, with PEW research stating that 71% of adult internet users
have a Facebook account, others such as Twitter, Google+, Instagram and
LinkedIn have also developed a strong user base.

There are more than 32.4 million 4 social media platform users from Nigeria which
comprises of almost 15% of total population of the country. Nigeria is witnessing a
growing revolution of information & communication technology (ICT) and social
media usage. However, till now there has been no policy as such to govern the

1
Odii C. (2013), Contemporary Readings in Media and Communication Studies. Lagos: St. Benedette Publishers
Ltd, Pp 161-173.
2
Agbawe, M. (2018). Challenges and Prospects of Social Media on Digital Natives: The Case of Nigeria. Journal of
information and knowledge management, 9 (3) 18-32
3
Facebook Quaterly Report (2019) Facebook Revenue and Usage Statistics. Retrieved at
https://www.businessofapps.com/data/facebook-statistics/#1
4
Statistica (2020). Number of social network users in Nigeria from 2017 to 2023. Retrieved 2 july, 2020 at
https://www.statista.com/statistics/972907/number-of-social-network-users-in-nigeria/

1
same except ‘the framework and guidelines for use of social media for government
organisations’ which has been framed by Ministry of Information and
Communications Technology, Government of Nigeria. These guidelines however
cater strictly on hate speech forgetting other problems posted by social media
platforms.

The ubiquity of social media, part of our everyday life and a factor in decision-
making, has transformed the way we live and act. It has changed the way speak
emoticons and internet slang are now part of everyday language. The access to the
amount of information that we have has changed the way we think, perceive, act
and behave5.

Agbawe asserted that social media platforms have provided a plethora of

opportunities for transforming societies and the advancement of humanity through
interactive information exchange, it has also created catalogue of challenges that
the society is presently contending with. The revolution has brought a wealth of
new possibilities for individual communication and media participation, which in
turn has greatly expanded the possibilities for personal autonomy. That has
undoubtedly been the experience of many active participants. Even for those
individuals who do not actively participate, their sense of autonomy is often
increased simply through access to information made available by others.

However, the basic reality is that this new media platform has also created new
followership which NITD6 describes as digital natives and digital immigrants.
According to the report as cited in Agbawe 7, the digital natives represent the first

5
Odii C. (2013), Contemporary Readings in Media and Communication Studies. Lagos: St. Benedette Publishers
Ltd, Pp 161-173.
6
National information Technology Development (2019). Framework and Guidelines for the Use of Social
Media Platforms in Public Institutions, (1) 6.
7
Agbawe, M. (2018). Challenges and Prospects of Social Media on Digital Natives: The Case of Nigeria. Journal of
information and knowledge management, 9 (3) 18-32

2
generation to grow up with the digital technology of the 21st century and spent their
entire lives surrounded by and using computers, videogames, digital musical
players, videocams, cell phones and all other toys and tools of the digital age,
whereas the digital immigrants are those struggling to adapt the new digital
technology such as turning to the internet for information in second tier manner
rather than first.

There is growing evidence that personal disclosure facilitates communication risks

on social media platforms,8.While mild peer-to-peer problems may include
teenagers teasing each other by posting ‘embarrassing’ pictures, concerns are
growing about ‘cyberbullying, and lately all sorts of cybercrimes which brought
about the issue of regulating the messages that circulate on social media platforms.

The issue of regulating the social media platform has always been a controversial
one for many in the large society. This is because the operation of the social media
in a wider scope and involves inter-border form of communication. Since different
countries have different culture, meaning is likely to be subjective in relation to the
culture or norm of the society9. But most significantly, while noting that the
electronic media is the most difficult medium to regulate. Blake (2017) stress that
this difficulty arise from the fact that the electronic media are solely dependent on
the use of air waves, which are public property10.

1.2 Statement of Problem

The emergence of social media platforms has demonstrated that there are a lot of
complicated legal issues pertaining to it. These legal issues which range from
variety of issues such as sexual depiction, hate speech, identify theft, defamation,
8
Hartman, B. (2017). An Analysis of the Influence of Social Media Sites on Students. Education and Science
Article, 4 (1).
9
National information Technology Development (2019). Framework and Guidelines for the Use of Social
Media Platforms in Public Institutions, (1) 6.
10
Blake, C. (2017). Democratization: The Dominant Imperative for National Communication Policies in Africa in the
21st Century. International Communication Gazette. 59(4)

3
privacy violation and cyber bullying. These are complicated and technical legal
issues not only relating to the user generated content or third party data that is
generated by subscribers on the social networking sites but also with other related
aspects.
11
According Iyoha, Olujobi, and Oyewunmi the issues of defamation on social
media platform is so rampant hence, it comes to the fore when exploring the
practicalities of safeguarding the rights, interests of person’s and contending
parties. The extents to which certain facts and circumstances can be ascertained
will ultimately further the cause of one party at the expense of the other. Freedom
of expression as captured in Section 39 (1) (2) of the 1999 Constitution of the
Federal Republic of Nigeria (as amended) expressly provides for the freedom of
expression and the liberty of every Nigerian to discuss issues openly, to hold
opinions and to impart ideas without restrictions, restraint or fear of punishment or
intimidation in Nigeria. In other words, there is minimum legal benchmark by
which the level of compliance can be assessed12.

Section 37 of the 1999 Constitution of the Federal Republic of Nigeria provides

that “The privacy of citizens, their homes, correspondence, telephone
conversations and telegraphic communications is hereby guaranteed and
protected.” As the ensuing discussions show, this is one right which has not
received much legal attention. At a superficial level, it may be tempting to
conclude that Nigerians are not in need of privacy. It deems Privacy in this respect

11
Iyoha, O. F., Olujobi, O. J., and Oyewunmi, A. O. (2017). Application of the laws of defamation and sedition in
nigeria’s jurisprudence: still relevant?. Journal of Advanced Research in Law and Economics, Volume VIII, Spring,
1(23): 59 – 68. DOI: 10.14505/jarle.v8.1(23).07. Available from: http://journals.aserspublishing.eu/jarle/index
12
Iyoha, O. F., Olujobi, O. J., and Oyewunmi, A. O. (2017). Application of the laws of defamation and sedition in
nigeria’s jurisprudence: still relevant?. Journal of Advanced Research in Law and Economics, Volume VIII, Spring,
1(23): 59 – 68. DOI: 10.14505/jarle.v8.1(23).07. Available from: http://journals.aserspublishing.eu/jarle/index

4
a fundamental right which is enforceable in a court of law when breached. Prior to
the NDPR, most cases of data privacy breaches were enforced under this section13.

Even though, Cybercrime act 2015 provides an effective, unified and

comprehensive legal, regulatory and institutional framework for the prohibition,
prevention, detection, prosecution and punishment of cybercrimes in Nigeria. This
act also ensures the protection of critical national information infrastructure, and
promotes cybersecurity and the protection of computer systems and networks,
electronic communications, data and computer programs, intellectual property and
privacy rights but regulating social media platforms in Nigeria is still a challenge 14.

1.3 Research Question

The research questions of this thesis are the following:

 Are there social media platform laws and regulatory bodies in Nigeria?
 What are the challenges associated with the regulation of social media
platforms in Nigeria?
 What are the social media platform regulatory approaches in Nigeria
compared to other countries?
 What are the recommended solutions to the challenges of social media
platforms regulations act?

1.4 Aims and Objective

The present study seeks to explore the challenges of regulating social media
platforms in Nigeria. The research concentrates on the shortcomings of those laws
and regulatory framework covering rules and principles which relate primarily to
the laws governing social media platforms. In this context the present research
work ventures to-
13
See the case of Barr. Ezugwu Emmanuel Anene v. Airtel Nigeria Ltd, Suit No: FCT/HC/CV/545/2015 (Unreported).
14
Hartman, B. (2018). An Analysis of Cybercrimes (Prohibition, Prevention, Etc) Act, 2015.

5
  Locate the social media platform laws and regulatory bodies in Nigeria and
make a critical analysis of their effectiveness in dealing with the problems
generated by social media.
 To study the challenges associated with social media platform regulation in
Nigeria while assessing the extra territorial jurisdiction of a legal system in
case of social media platforms offences committed outside a state`s territory.
 Critically analyze the social media platform regulatory approaches in
Nigeria and make a comparative analysis with other countries.
 To propose suggestions in various legal provisions to remove the lacunae, to
plug the loopholes and to make it more effective and make recommendations
for strengthening the efficacy of existing legal mechanism for achieving the
desired results in regulating social media platforms.

1.5 Justification of the study

The existing social, political and legal scenarios in Nigeria requires a depth
understanding of the current situations generated by the social media platforms.
Regulating social media platform is necessary due to the influence it has on all
categories of people living in the country 15. The basic architecture of social media
platforms provide unique opportunity of interaction to the common masses, which
have resulted in great problems to the society. For example the overthrow of
autocracy in Arab world (mainly Egypt, Libya and Tunisia) has demonstrated that
the connectivity of Facebook and Twitter can foment revolution. It showed that
while social media may unite those who challenge a system such as Egypt`s where
the people`s voice was not heard, they can fragment a society such as United States
where every voice is heard. Despite the occurrence of all the above mention
challenges posted by social media platforms, Nigeria Government have not learn,
15
Ifeyinwa, N. and Emmanuel, C. O. (2017). Social Media and Security Challenges in Nigeria: The Way Forward,
World Applied Sciences Journal 35 (6): 993-999.

6
and pass any law that will regulate the usage of social media by the citizens of the
country. The absence of enabling law makes policing even more difficult in
Nigeria.

Therefore, the present study is a humble attempt to ascertain the various nuances of
the new theme which is highly challenging for the regulatory authorities. Various
unfettered power that has been bequeathed by the social media platforms have
been the central focal point of this research.

1.6 Scope of the study

The present work imports and borrows the principles, doctrines, rules, regulations
and laws in other developed legal systems particularly the practices in U.S.A. The
study should have included other legal systems in its ambit but that was not
possible due to paucity of the resources and time. Hence, the territorial limits of the
study are strictly limited to Nigeria with some comparative dimensions from
U.S.A. The study explores challenges of regulating social media platforms in
Nigeria and the possibilities of importing and transplanting the fundamental
regulation and monitoring of social media platforms as prevalent in these
countries.

1.7 Research Methodology

The study of each research problem demands its own appropriate technique, but
there is always interdependence of various tools used in a research design. Studies
relating to existing legal and regulatory framework of social media platforms are
necessarily complicated and involve and in-depth understanding of the nature and
scope of the relevant laws. The methodology adopted for the research is doctrinal,
analytical and descriptive. For the purpose of convenience and better
understanding, research has been conceptualized into two basic facets. Firstly, a

7
descriptive study of existing legal framework in Nigeria context is adopted and
then research gives some suggestive measures on the basis of analysis of
comparative dimensions. In order to make the study more realistic and functional,
it was found indispensable to do some case studies. Case studies mainly aim to
provide an insight of a particular situation which was necessary to understand in
the case of some major social media mischief in Nigeria. The research mainly
focuses on the primary sources like Statutes and Research Committee Reports and
secondary sources like books, articles, journals, pending/decided cases, case
controversies and news in magazines/web portals/newspapers and websites.

1.8 Literature Review

 According to Kaplan and Haenlein16 social media is a group of internet
based applications that enables users to interact with other like-minded users
to exchange user generated content. It also refers to an online service
existing on the Web 2.0 platform for people to interact and communicate in
order to create, share and exchange interests, information and activities
globally in virtual communities and networks. The social media platforms
allow individuals and communities to create, share and discuss user
generated content which showcases people’s likes, dislikes and activities.
17
 Also, Hartman asserted that the term social media platform is defined as
“web-based technology that enables the development, deployment and
management of social media solutions and services” however, social media
is a very wide term.

16
Kaplan, A. M., & Haenlein, M. (2010). Users of the world, unite! The challenges and opportunities of Social
Media. Business Horizons, 53(1), 59-68.
17
Hartman, B. (2017). Concept of Social Media Platforms. Retrieved on 7-3-2020 at
www.bilvic.com.ng/social_media_paltforms

8
  According to Ajayi18 the greatest gift to mankind from the scientific
community has been the invention of information technology and the
associated communication technologies in the 20 th century. These
technologies have put entire human civilization on a fast forward mode by
introducing unprecedented speed in information & communication via social
media.
 Also, Wolfgang19 indicated that, social media in particular has greatly
impacted political dynamics on a global scale by enabling users to express
themselves publicly in ways previously unavailable to them. This very shift
in communicative power has spawned greater efforts to restrict and control
the use of the internet for information and communication on political,
moral, cultural, security and other grounds 20. This effort of controlling the
internet has led to legal and regulatory initiatives to mitigate risks associated
with this new medium, ranging from privacy of users, intellectual property,
national security, to frauds, pornography and hacking. Regulatory challenges
of social media can be broadly addressed under two heads namely; Legal
Regulation & Moral and Ethical Regulation in the form of guidelines by
various statutory authorities like election commission.
 According to, Jideofor Adibe as cited by Segun 21 states, “Hate speech
employs discriminatory epithets to insult and stigmatize others on the basis
of their race, ethnicity, gender, sexual orientation or other forms of group
membership. It is any speech, gesture, conduct, writing or display which
18
Ajay, Y. (2012). ‘The Legal Complexities of The Digital World’, 18 Lex Witness 1

19
Wolfgang, D. (2011). ‘Introduction’ in Princeton University’ (eds.), ‘Social Media Revolutions: All Hype or New
Reality?’.

20
William H. and Dutton, A. D. (2011)., ‘Report on Freedom of Connection Freedom of Expression: The
Changing Legal and Regulatory Ecology Shaping the Internet’, UNESCO.
21
Segun, O. (2015). Nigerian 2015 elections and the Internet of hate. Retrieved from
http://itedgenews.com/2015/01/20/nigerian-2015-elections-and-the-internet-of-hate/ on 7th March, 2017.

9
 could incite people to violence or prejudicial action. Segun added that “Hate
speech is often the gateway to discrimination, harassment and violence as
well as a precursor to serious harmful criminal acts. It is doubtful if there
will be hate-motivated violent attacks on any group without hate speech and
the hatred it purveys.”
 Also in a recent report, Centre for Information Technology and
Development (CITAD)22 shows that 70 percent of the people disseminating
hate speech in the Nigerian social media space use their identity and can be
reached for a follow up actions. Again, English language is the major
language used for dissemination of hate speeches with a visible content in
Hausa language in the Nigerian social media space. More so, over 65
percent of users of hate speech are males and a greater percentage of the
contents of the posts use coded language that had been used in the past to
generate violence/harm.
 According to Alexander23 hate speech can be understood as “…antisocial
oratory that is intended to encourage persecution against people because of
their race, color, religion, ethnic group, or nationality, and has a substantial
likelihood of causing . . . harm”. It has several dimensions e.g.
context/content/targets/tone and potential implications of speech.
 Encarta Dictionaries24 asserted that the term ‘hate,’ on the other hand, refers
to a feeling that evokes dislike, anger or intense hostility towards somebody
or something. It denotes the extreme negative feelings and beliefs held about

22
CITAD (2015) Report of one-day stakeholders‟ forum on hate speech and the 2015 elections in Nigeria”,
Retrieved from http://www.citad.org-report-of-one-day-stakeholders-forum-onhate-speech-and-the-2015-elections-
in-nigeria on 10th April, 2015.

23
Alexander, T. (2012), ‘Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements’
(NYU Press), 21.
24
Encarta Dictionaries (2009). “Hate.” WA: Microsoft Corporation.

10
 a group of individuals or a specific representative of that group because of
their race, ethnicity, religion, gender or sexual orientation.
 Accordingly, British Institute of Human Rights25 indicated that, “hate
speech” will be understood as covering all forms of expression that spread,
incite, promote or justify racial hatred, xenophobia, anti-Semitism or other
forms of hatred based on intolerance, including intolerance expressed by
aggressive nationalism and ethnocentrism, discrimination and hostility
against minorities, migrants and people of immigrant origin. Moreover, the
meaning and dimensions of hate speech differ, as the term has acquired
diverse viewpoints.

 According to a publication by Schaeffer 26 states that “the adoption by all

countries of appropriate legislation against the misuse of Information and
Communication Technology (ICT), for criminal or other purposes, including
activities intended to affect the integrity of national critical information
infrastructures, is central to achieving global cyber security”. The
publication further stated that since threats could originate anywhere around
the globe, the challenges are inherently international in scope thus requires
international cooperation, investigative assistance, and common substantive
and procedural provisions”.
 In line with the above, Professor Augustine Odinma 27 states that “cyber-
crime is any illegal acts perpetrated in, on or through the internet with the
intent to cheat, defraud or cause the malfunction of a network device, which
may include a computer, a phones, etc. The illegal act may be targeted at a
25
British Institute of Human Rights (2012). Mapping study on projects against hate speech online. Retrieved
October 24, 2017.

26
Schaeffer, B. S., (2009): Cyber Crime And Cyber Security: A White Paper For Franchisors, Licensors, and Other
27
Augustine C. O. (2010): Cybercrime & Cert: Issues & Probable Policies for Nigeria, DBI Presentation, Nov 1-2.

11
 computer network or devices e.g., computer virus, denial of service attacks
(DOS), malware (malicious code). The illegal act may be facilitated by
computer network or devices with target independent of the computer
network or device”. Relating cybercrime to the military in a paper depicting
his vested interest in the country’s military well-being, Major General Umo
outlines that cybercrime, cyber terrorism, cyber warfare, cyber security are
one and the same thing. This is because, stealing or forgery directed at an
individual or an organization is synonymous to waging war on the target of
the crime. Statistically, Nigeria ranked 43 in EMEA and ranked third among
ten nations that commits cyber-crime in the world. As a corrective measure,
the then President of Nigeria, Olusegun Obasanjo set up National Cyber
security Initiative (NCI) in 2003. The Nigerian cybercrime working group
(NCWG) is to meet the objectives of NCI but their effects did not match up
to the rate of growth of cybercrime. Professor Oliver Osuagwu, relating
cyber-crime to the collapse of the educational sector, points out that
cybercrime is causing near total collapse of the education community,
particularly in Nigeria, with over 90% of criminals coming from this sector.
Wrong value system has been identified as key factor encouraging
cybercrime in Nigeria and the desire to get rich quick without working for it.
Cyber-crime is complex and committed mostly from remote locations
making it difficult to police. The absence of enabling law makes policing
even more difficult in Nigeria.
 Andrew & Megan28 asserted that, while the idea of ‘privacy’ is venerable,
modern obsessions with privacy are largely rooted in the twentieth century.
The unprecedented level of information dissemination on social media
websites invariably has implications on user`s personal privacy. A vast
28
Andrew T. K. & Megan, R. (2007). New Dimensions in Privacy Law. Reprint, Cambridge University Press.

12
 majority of social networking sites set a particular privacy setting as default
so that anyone can see a person’s information unless privacy settings are
actively changed. Considerable number of the users inadvertently allows
public access to parts of their personally identifying information merely by
failing to actively change their privacy settings. This criticism is vindicated
by a study that points out that 41 percent child and 44 percent adult
Facebook users have open privacy settings, mostly arising out of a failure to
change the default settings.
29
 Major General UMO G. G asserted that the issue of regulation social
media in Nigeria and other developing countries of the world has always
been a controversial one for many in the large society. This is because the
operation of the social media in a wider scope and involves inter-border
form of communication. This is one of the reasons this platform is difficult
to regulate. Since different countries have different culture, meaning is likely
to be subjective in relation to the culture or norm of the society.
 But most significantly, while noting that the electronic media is the most
difficult medium to regulate, Blake 30 stress that this difficulty arise from the
fact that the electronic media are solely dependent on the use of air waves,
which are public property. One of the major challenges of regulating social
media platform in Nigeria range from lack of specific legislation in Nigeria
which deals with social media platforms, but there are variety of acts that
will be applicable and some bills (such as the Hate speech act 2015) are not
yet pass into law. Each problem as discussed above is addressed with

29
Major General UMO, G. G (2010): Cyber Threats: Implications For Nigeria’s National Interest, Retrieved from
https://docs.google.com/file/d/0B9sby6N_v5O3M2 FlNWIzZjgtMDRiOS00NjI1LThmMjItNmI0Nzg5
NGVlNTM2/edit?num=50&sort=name&layout=list &pli=1
30
Blake, C. (2017). Democratization: The Dominant Imperative for National Communication Policies in Africa in the
21st Century. International Communication Gazette. 59(4)

13
 different set of laws. These acts were given dominant support by cybercrime
acts 2015 Act to counter the new challenges posed by information
technology and Cyber-crime is complex and committed mostly from remote
locations making it difficult to police. The problem of Nigeria is that of
absence of enabling law makes policing even more difficult to regulate
social media platform.
 Trottier31 asserted that there is also the danger that social media surveillance
conducted by the police is especially directed towards groups that already
face discrimination in Western societies, like immigrants, people of colour,
people of Arabic or African background, the poor, the unemployed or
political activists, and that thereby stereotypes and discrimination are
deepened and reified. Thus, membership in a targeted group as well as other
kinds of disadvantage become a dominant factor in determining future
negative social outcomes: People who have bad luck in one area, are likely
to suffer from bad luck in other areas as well.

 Agbawe Mary32 study examined the Challenges and Prospects of Social

Media on Digital Natives in South-South Region of Nigeria. The study
revealed that the digital natives are actually very much knowledgeable and
aware of the social media platform and it has also some harrowing effect on
them which of course have become daunting challenges to their
development. The study further revealed that despite the horrendous
challenges articulated, social media portends some prospects that could be
harnessed to change the shape of society and the way businesses are done.

31
Trottier. D. & Fuchs. C. (2015). Towards a theoretical model of social media surveillance in contemporary society.
Communications: The European Journal of Communication Research.
32
Agbawe, M. (2018). Challenges and Prospects of Social Media on Digital Natives: The Case of Nigeria. Journal of
information and knowledge management, 9 (3) 18-32

14
 The study did not fail to draw some line of conclusions from the findings as
a light to drafting some salient recommendations. It graciously
recommended that there was need for attitude re-orientation for the digital
natives to reduce social media addiction. However, again, it recommended
that educational institutions convert such addictions to designing
educational software that could engage the young people and make them
relevant acquiring new skills and becoming efficient in a multi-task
environment. It recommended that policy makers make use of the social
media to create health and safety orientation as well as entrepreneurship and
wealth creation for the young people. In addition, it recommended the
expansion of the innovative approach of the social media in promoting e-
commerce and e-business transactions as a way of creating a more efficient
and functional society.
 A book titled ‘Law and the Technologies of the Twenty-First Century’ 33
provides a contextual account of the way in which law functions in a
broader regulatory environment across different jurisdictions. It identifies
and clearly structures the four key challenges that technology poses to
regulatory efforts, distinguishing between technology as a regulatory target
and as a tool, and guiding the reader through an emerging field that is
subject to rapid change. By extensive use of examples and extracts from the
texts and materials that form and shape the scholarly and public debates
over technology regulation, it presents complex material in a stimulating
and engaging manner.
 A book titled ‘Internet Law and Regulation34’ by Graham J H Smith also
discusses about the internet regulation. The findings of the study discover
33
Roger, B. (2012). Law and the Technologies of the Twenty-First Century’, 1st. London: Cambridge University
Press.
34
Graham, J. H. S. (2007). Internet Law and Regulation, 4th edition. London: Sweet and Maxwell.

15
 that the challenges of social media platform regulation range from lack
accommodating law and legislation to effective regulate the platforms. The
authors discuss in detail how regulators might deal with ‘prudential
pluralism’, highlighting the complexities of performing risk and benefit
assessments. GM crops, nanoparticles and sound science are employed as
exemplars to illustrate the key challenges when considering controversial
and novel technologies. The authors invite the reader to consider that the
success or failure of a regulatory environment can depend on a wide range
of factors, including policy based considerations and draws upon examples
ranging from the HFEA, criminal justice system and Biegel’s guidelines on
cyberspace. Brownsword and Goodwin do well to highlight less obvious but
nonetheless important considerations, including unanticipated consequences
of regulation as well as external interferences.
 In ‘Internet Law’35 the author takes a global view of fundamental legal
issues raised by the advent of the internet as an international
communications mechanism. This new title helps the reader to understand
the approaches and analytical methods that a lawyer requires when dealing
with internet related issues and explains the problems that every country`s
law will need to resolve. The book integrates legal and other materials to
support the discussion of how technological, economic and political factors
are shaping the law governing the internet. Global trends in the development
of these legal issues are addressed and the effectiveness of potential
mechanisms for legal change that are applicable to internet law are also
examined.

35
Chris, R. (2004). ‘Internet Law, 2nd edition. London: Cambridge University Press.

16
  In relation to freedom of speech and expression over the social media a
book titled ‘Free Speech in the New Media’ 36 edited by Thomas Gibbons is
an important document. The book is collection of some qualitative research
works done on the theme of free speech in social media. Part I of the book is
related to research works on free speech and converged media. Editor has
collected 5 articles in this chapter. Part II of the book relates to public
service broadcasting. Part III of the book is related to collection of articles
on content standards. In this part there are essays on beliefs, indecency,
advertising and content regulation in the European community.
 A book titled ‘Governance, Regulations and Powers on the Internet’ 37 edited
by Eric & Meryen is also an important literature on the research theme. The
book talks about internet as a medium of change by the people in the wake
of information technology revolution. It calls for this transformation as a
skill revolution which can be conceived as an evolving process, as
consisting of a set of dynamic variables that may prove to be powerful
mechanisms for change. The chapter concludes that skill revolution could be
disrupted, even reversed, by authoritarian governments. It is surely the case,
moreover, that most governments can prevent people from leaving or
entering their country, just as they have developed means for exercising
some control over the flow of information and ideas through the internet.
Another important aspect of the book is that it talks about co-regulation of
the internet regulation. Co-regulation has been defined in this chapter as a
legal device designed to put pressure on the points of control to achieve
some regulatory result. The chapter analyses United States self-regulatory

36
Thomas, G. (209). Free Speech in the New Media, 1st edition. London: Ashgate
37
Eric, B. & Meryem, M. (2012). Governance, Regulations and Powers on the Internet, 1st edition. London:
Cambridge University Press.

17
 measures of internet with co-regulatory measures. The book further analyses
the prospects of co-regulation of the internet in the European Union and
sums up with the study of evolving pattern of internet regulation in China.
In the book author Christine Hine has talked about the formation of
conventions for internet activities. Author has suggested for strong
regulatory mechanism by nations or international bodies and categorically
rejected the notion of self regulation.
 Chapter 3 ‘Jurisdiction in Cyberspace’ of the book titled ‘Introduction to
Internet Law and Policy’38 written by Rodney D Ryder talks about
fundamental jurisdictional principles under international law. It also
discusses fundamental personal jurisdictional principles in Europe and
United States. Beginning part of the chapter also discusses a comparison of
U.S. and European Approaches to Choice of Law and effects of the internet
on traditional principles of jurisdiction. The article further talks about
increased conflicts arising out of future development of the internet. Taking
into consideration the jurisdiction project of the American Bar Association
the article recommends for possible approaches to jurisdictional criteria for
internet. ‘Defamation and the Internet: Analysing Risks and Liabilities
under Indian Law’ of the same book defines first defamation under Indian
Law and then figure out the modes under which defamation can be caused.
The chapter talks about the liabilities of employer for the act of employee
and liabilities of website owner or Internet Service Provider for defamation.
 A book titled ‘Regulating the Changing Media: A Comparative Study’ 39
edited by David Goldberg et al. assess the effects of changing technologies

38
Rodney, D. R. (2007). Introduction to Internet Law and Policy, 1st edition. London: Wadhwa and Company.

39
David, G. & Tony, P. (1998). Regulating the Changing Media: A Comparative Study, 1st edition. London:
Cleardon Press.

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 on the capacities of law to regulate the media and, in particular, to examine
the extent to which it remains possible for governments and other public
authorities to shape the changing media in such a way as to ensure that
important social values are not neglected. In this book the capacity of
radically different legal and administrative systems to cope with fast moving
and radical change is compared with the aim of understanding more about
law, regulation and the media.
 The adoption of electronic commercial transactions has facilitated corss
border trade and business, but the complexity of determining the place of
business and other connecting factors in cyberspace has challenged existing
private international law. This comparison of the rules of internet
jurisdiction and choice of law as well as online dispute resolution has been
discussed in ‘Internet Jurisdiction and Choice of Law: Legal Practices in the
EU, US and China’.40 The in-depth research allows for solutions to be
proposed relating to the problems of legal uncertainty of internet conflict of
law.
 In the wake of rising of social media, changing patterns in news
dissemination has also occurred. Journalist now rely on twitter, crowd
sourcing is now available through social media, facts and stories are
googled, traditional newspapers have now websites and reporter blogs and
open newsrooms invite community participation in the editorial process
itself. In this light an article ‘Social Media and Press’41 written by Prof. Lili
Levi, University of Miami, School of Law, explores some particular

40
Faye, F. W. (2010) Internet Jurisdiction and Choice of Law, 1st edition. London: Cambridge Univ. Press.

41
Lili, L. (2012). Social Media and the Press. North Carolina Law Review’ 90

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 challenges posed for the democratic press by the new reality of social
media.
 Social Media behaviour in relation to user privacy has always been
unreliable and debatable issue. In this regard, Lothar Determann in his
article ‘Social Media Privacy: A Dozen Myths and Facts’ 42 has explored
issues like Privacy Rights against Social Media Companies, Ownership of
Personal Data on Social Media. The article says that expectations of data
privacy and privacy rights tend to be grossly exaggerated these days and
under data protection, privacy and competition laws, social media
companies have to notify users or seek consent regarding data mining,
behavioural advertising, and data sharing but with respect to personal data
on social media platforms, the current European Data protection regime
offers hardly any protection. The article further makes a comparative
analysis between EU Privacy Laws with U.S. Privacy Laws. Author has
suggested that Social Media Companies and advertisements should not be
considered as a threat to the privacy of the user. The article concludes the
debate saying that most privacy threats in the Social Media sphere have
emanated from the manner in which people have used social media
platforms. Social media companies do not select or post any harmful
information.
 Alexandra Paslawsky in his article The Growth of Social Media Norms and
Governments attempts at regulation43 has talked about the growth of internet
and the development of norms as a means of internet governance.
Development and expansion of the internet in United Sates, United
Kingdom and Egypt has been discussed followed by discussion of
42
Lother, D. (2012). Social Media Privacy: A Dozen Myths and Facts. 7 Stan. Tech. L. Rev.
43
Alexandra, P. (2012). The growth of social media norms and governments attempts at regulation. 35 Fordham Int'l
L.J. 1485

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 emergence of internet norms and standards established by technological and
engineering groups. The article further talks about Egypt revolution, role of
social media in London riots. It also discussed the Govt. policies of United
Kingdom, United States and Egypt in dealing with social media. The article
concludes the matter saying that governments must respect established
internet norms when regulating social media in order to maintain legitimacy
in its actions.

1.9 Organisation layout

This research is organized into five chapters as follows:
Chapter one encompasses the introduction which comprises of the background to
the study, the statement of research problem, objectives of the study, the research
question, the justification of the research, methodology/source of data, the scope of
the study, and the organization of the chapters.
Chapter two is the relevant theoretical framework.
Chapter three contains the historical development of social media platforms
Chapter four is an over view on, an analysis of the challenges of regulations of
social media platforms in Nigeria
Chapter five covers the summary, conclusion, recommendations.

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