Any person found guilty of any form of hate speech that results in the death of another person shall die by hanging upon conviction, reads a new bill by the Senate.The bill, which reflects the growing concern over the spate of violence in the nation, was sponsored by the spokesman of the upper chamber, Senator Aliyu Sabi Abdullahi (APC, Niger).
It also seeks the establishment of an ‘Independent National Commission for Hate Speeches’, which shall enforce hate speech laws across the country, ensure the elimination of the menace and advise the Federal Government.For offences such as harassment on the grounds of ethnicity or racial contempt, a culprit shall be sentenced to “not less than a five-year jail term or a fine of not less than N10 million or both.”
The bill notes: “A person who uses, publishes, presents, produces, plays, provides, distributes and/or directs the performance of any material, written and/or visual, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behaviour, commits an offence, if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up against any person or person from such an ethnic group in Nigeria.”
It notes that “a person subjects another to harassment on the basis of ethnicity for the purposes of this section where, on ethnic grounds, he unjustifiably engages in a conduct which has the purpose or effect of (a) violating that other person’s dignity or (b) creating an intimidating, hostile, degrading, humiliating or offensive environment for the person subjected to the harassment.
“Conduct shall be regarded as having the effect specified in subsection (1) (a) or (b) of this section if, having regard to all the circumstances, including in particular the perception of that other person, it should reasonably be considered as having that effect.”The National Commission for Hate Speeches shall be headed by an executive chairperson who would be appointed by the president on recommendation of the National Council of State, subject to the confirmation of at least two-third majority of the National Assembly.
The commission shall discourage persons, institutions, political parties and associations from advocating or promoting discrimination or discriminatory practices through the use of hate speeches; promote tolerance, understanding and acceptance of diversity in all aspects of national life and encourage full participation by all ethnic communities in the social, economic, cultural and political life of other communities.It shall also plan, supervise, coordinate and promote educational and training programmes to create public awareness, support and advancement of peace and harmony among ethnic communities and racial groups.
It shall furthermore promote respect for religiouss, cultural, linguistic and other forms of diversity in a plural society; promote equal access by persons of all ethnic communities and racial groups to public or other services and facilities provided by the government.