By Peter Hassan Tijani
While Freedom of expression is a fundamental human right that protects the expression of diverse and often offensive ideas, it is not absolute and does not provide a license for slander, defamation, or malicious, baseless attacks on any individual either in government or out of government. Freedom of speech is generally balanced against the rights, safety, and dignity of others, and it is subject to legal limitations designed to prevent damage or hurt. There are key limits on Free Expression regarding “Reckless and unguarded personal Attacks” such as Defamation and Libel, deliberately spreading false information that harms a person’s reputation or livelihood (libel in writing, denting someone’s image, use of defamatory and slander in speech on social media, radio or any other media platforms) is not protected or guaranteed in the rights to freedom of expression, particularly when done with “actual malice” or reckless disregard for the rights of others. Speech that directly encourages slander, defamatory, violence or constitutes a “true threat” of physical, dignity and emotional hurt against any individuals or groups is not protected by freedom of expression. Every individual must note that Freedom of expression does not give anyone rights above another. Where ones rights stops, another’s rights starts.
As Civil Society practitioners, we must not be silent on such matter, we must put the records straight to correct the misuse of freedom of expression in our society, and also consistently condemn the use of reckless, personal, and politically motivated attacks by political actors and their followers, viewing them as direct threats to democratic stability, national security, and the rule of law. We have a duty to change the ugly narrative and entrench sanity and decorum in our society.
Our Perspectives as CSOs on Political Attacks is that it undermine Democracy and Rule of Law: we view reckless statements and actions by opposition politicians and their followers as a deliberate attempt to undermine the rule of law, destroy standard democratic principles and best practices, and stifle rights of others and above all entrench, rancor, hate and violence among supporters which could lead to destabilizing peaceful coexistence in the state.
Where a person felt personally attacked by defamation, reckless personal and emotional attack, the use of legal channels is permitted to address grievances through legal and constitutional means to addressing the issue. It is worthy to note that in the same vain that we all have freedom of expression, so also every individual have freedom to associate with any group or dissociate from any group, it is a matter of personal choice and interest. There is no compulsion in association or disassociation especially for an adult.
The recent unguarded personal attack on His Excellency, Alhaji Abba Kabir Yusuf, the Executive Governor of Kano State because of his defection, must be condemned, the governor is first a human being and have rights as every other human beings to take decisions he considered best for the genuine development of Kano State, as he fondly say “Kano First”. It is also pertinent to note that the governor like any human being can use every legal and constitutional means to defend his rights or challenge any form of defamation or slander of his character. In the same vain, the DSS have the constitutional mandate to listen to complaints and petitions and can invite any person alleged to be involved in defamation and slander of any individual or group for questioning and to investigate the matter. The DSS must not be influenced to do their statutory work. The DSS director in Kano should not be involved in political propaganda in the cause of doing his work.
As CSOs we call on politicians, their errand boys and wards to stop reckless and defamatory attacks on persons both in and outside of government. We encourage constructive and issue based criticism that will bring about socioeconomic and political development in Kano State and Nigeria at large. We must constantly stand for fairness and justice and not allow citizens to hide under freedom of expression or human rights and then hurt others deliberately or intentionally. Let the CSOs engage to constructively and objectively shape our society in a positive manner for peace, unity and development.
