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SERAP Urges Lawmakers to Reject Social Media Regulation Bill

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Socio-Economic Rights and Accountability Project (SERAP) has urged the lawmakers to reject the recently reintroduced social media regulation bill which if passed would unduly restrict the rights to freedom of expression and privacy.

SERAP Urges Lawmakers to Reject Social Media Regulation Bill

This was disclosed in a letter dated 14 October 2023 and signed by Kolawole Oluwadare, SERAP deputy director.

SERAP urged them to request the administration of President Bola Tinubu to drop any ongoing efforts to put pressure on Google, YouTube, TikTok and other social media companies to unduly restrict these fundamental human rights.

SERAP said the bill would criminalize the legitimate and lawful exercise of human rights.

The National Broadcasting Commission (NBC) last week reportedly stated that, “one of Nigeria’s major problems now is social media”, and described the social media as “a monster”

SERAP said: “the social media is neither Nigeria’s problem nor a monster. Any regulation of it would have arbitrary and excessive effects, and cause incalculable damage, both in material and human rights terms.”

SERAP said any move to regulate social media would be inconsistent and incompatible with the provisions of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations.

According to SERAP, the proposed bill raises serious concerns about the rights to freedom of expression and privacy, and would lead to digital siege.

The letter, read in part, “Rather than rushing to pass the social media regulation bill, the National Assembly should encourage the Federal Government to maximize opportunities around social media access, and address the growing social and economic inequalities in the country.

“We would be grateful if the recommended measures are immediately taken upon the receipt and/or publication of this letter. SERAP shall take all appropriate legal actions against the National Assembly and the Federal Government if the social media regulation bill is ever passed into law.

“We urge you to request the administration of President Bola Tinubu to publish the details of any ongoing discussion and engagement with Google, YouTube, TikTok and other social media companies.

“The reintroduction of the social media regulation bill would lead to deterioration of the human rights situation in the country and carry major economic costs for all sectors, as well as exacerbate social and economic inequalities.

“It would effectively deepen digital divides in the country and seriously undermine the Tinubu administration’s expressed commitment to develop this sector.

“Under international law, all restrictions on the operation of social media companies and other intermediaries must comply with the requirements of legality, legitimacy and necessity.

“The regulation of social media may be incompatible with the services of major social media and private messaging intermediaries, negatively impacting the free flow of information and ideas, and affecting economic and social activities.

“The National Assembly should put pressure on the Federal Government to comply with the requirements of the Nigerian Constitution 1999 and the country’s international human rights obligations regarding the rights to freedom of expression, privacy and participation.

“Access to social media is widely recognized as an indispensable enabler of a broad range of human rights. It is central to freedom of expression and the realization of many other human rights including education, freedom of association and assembly, access to information, and participation.

“The Federal Government has the legal obligations to promote and facilitate the enjoyment of human rights, and to take all steps necessary to ensure that all individuals have meaningful access to social media. The authorities should refrain from unduly interfering with access to digital communications platforms.

“Under Section 39 of the Nigerian Constitution, Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights, any restriction on freedom of expression constitutes a serious curtailment of human rights.

“The Nigerian Constitution and these human rights treaties protect everyone’s right to freedom of expression, which includes the freedom to seek, receive and impart information of all kinds, regardless of frontiers. States have the obligation to respect and ensure the right to freedom of expression, without distinction of any kind.

“The Nigerian Constitution and human rights treaties protect a broad range of expression, including political discourse, commentary on one’s own and public affairs, canvassing, discussion of human rights, journalism, and artistic expression.

“This includes information that may be regarded as offensive, false or untrue by some people but is considered legitimate political discourse by others. Restrictions on the right to freedom of expression are only permissible when they meet the requirements of legality, necessity, proportionality and non-discrimination.

“The onus to show that restrictions comply with those requirements is on the State seeking to restrict rights. Social media regulation bills generally do not meet those requirements.”

“The African Commission on Human and Peoples’ Rights has called upon States not to engage in or condone any restriction of access to the Internet or other digital technologies for segments of the public or an entire population.

“According to our information, Director-General of the National Broadcasting Commission (NBC), Balarabe Ilelah, recently stated that the social media regulation bill has been sent to the National Assembly. The bill is reportedly seeking to repeal and reenact the NBC Act, CAP L11 laws of the Federation of Nigeria 2004.

“According to the NBC, ‘We have already submitted a bill to amend the NBC act. One of our major problems now is social media. Unless there is a law that allows NBC to act on social media issues, the issue will continue to be a monster in our daily lives in this country.’

“Similarly, Mrs. Francisca Aiyetan, Director, Broadcast Monitoring of the NBC, recently reportedly said that without regulation, young people could be misguided. According to the NBC, the Federal Government is currently engaging with Google or YouTube, TikTok, ‘so we know the faces behind these [social media] platforms.’

“If the 2023 social media regulation bill which has reportedly passed the first reading before the National Assembly is the same as the 2019 bill, it would impose disproportionate penalties on Nigerians solely for exercising their human rights.

“According to our information, the newly reintroduced social media regulation bill seems to be the replica of the version of the Protection from Internet Falsehood and Manipulation Bill 2019, with provisions empowering the authorities to unilaterally order the shutdown of the internet.

“A similar bill to regulate social media was considered by the National Assembly in 2015 but failed to pass into law after public outcry.”


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Cybercriminals Using “Joker: Folie à Deux” Release to Scam Fans

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Kaspersky has uncovered cybercriminals exploiting the hype surrounding “Joker: Folie à Deux” ahead of its worldwide cinema premiere, for online phishing scams. Fans eager to watch the new movie online are at risk of being duped into giving away their sensitive data and money.

Kaspersky experts have identified phishing scams related to the new movie. The first example involves a fake offer to subscribe to watch the film for free.

On the fake website, users are asked to enter their credit card information to sign up, while the promised film is never accessible. The scammers gain access to the victim’s card details and can use them for fraudulent transactions or to sell on the dark web.

The second type of scam exploits the Joker movie brand to lure victims into fraudulent investment schemes, giveaways, or similar traps. Cybercriminals create phishing websites claiming to offer free access to the movie.

When users attempt to play the video, they are redirected to other pages – often promoting quick, easy money-making schemes, offering the chance to participate in a giveaway, or possibly other profits.

In the cases uncovered by Kaspersky, users are prompted to provide either personal information – so perpetrators can contact them with faux investment opportunities – or credit card details, for example, to pay for the delivery of the giveaway prize.

“As the premiere approaches, more people are looking for more ways to gain early access to the film and, as such, the risk of falling for such scams increases. We strongly recommend users carefully verify where they enter sensitive information and install reliable antivirus software that can warn against suspicious or malicious websites,” says Olga Svistunova, a security expert at Kaspersky.

To protect themselves from phishing-related risks, Joker movie fans should take precautions when navigating online content related to the premiere. Kaspersky experts recommend the following:

Be cautious. Beware of suspicious emails, messages, or websites offering exclusive deals or freebies. Always verify the source before sharing personal or financial information.

Safeguard personal data. Be mindful when providing sensitive information online, such as your address, phone number, or financial details, and only use secure platforms.

Verify website security. Ensure websites have secure connections by looking for “https://” in the URL and a padlock symbol in the address bar.

Use security solutions. Rely on trusted security solutions like award-winning Kaspersky Premium, that identifies malicious and phishing sites.

Trust reliable sources. Stick to official websites, authorised retailers, and reputable sources for any content to avoid scams.

 


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NDPC Extends Deadline for DCPMIS Registration, Warns Against Engaging Unregistered Data Processors

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Dr. Vincent Olatunji, CEO/ National Commissioner of Nigeria Data Protection Commission has approved the extension of deadline for the registration of Data Controllers and Data Processors of Major Importance (DCPMIs).

The commission in a statement issued on Friday by Babatunde Bamigboye, Head, Legal, Enforcement & Regulations, said that the new deadline for registration without penalty is the 31st of October, 2024.

The statement reads, “In order to ensure accountability and in line with sections 24(3), 29(1)(a) and 44 of the Nigeria Data Protection Act, 2024 (NDP Act), DCPMIs shall only engage agents and contractors who are duly registered with the Commission (as at 15th October, 2024) for the processing of personal data”.

For ease of reference, section 29(1)(a) of the NDP Act provides: “Where a data controller engages the services of a data processor, or a data processor engages the services of another data processor, the data controller or data processor engaging another shall ensure that the engaged data processor —

(a) complies with the principles and obligations set out in this Act as applicable to the data controller;

“Furthermore, Section 65 of the NDP Act defines a data processor “as an individual, private entity, public authority, or any other body, who processes personal data on behalf of or at the direction of a data controller or another data processor.”

The Commission enjoins data controllers and data processors of major importance to immediately ensure that those who process personal data on their behalf fulfill the obligation to register as required by law. Engaging an agent or contractor who does not comply with the principles and obligations (set out in the NDP Act) that are applicable to the data controller is a contravention of the NDP Act.


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Kaspersky Reveals Half of Dark Web Exploit Listings Target Zero-day Vulnerabilities

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Between January 2023 and September 2024, Kaspersky Digital Footprint Intelligence experts identified 547 listings to buy and sell exploits targeting software vulnerabilities.

These advertisements are posted on various dark web forums and shadow Telegram channels, with half involving zero-day and one-day vulnerabilities.

However, it is difficult to confirm whether these exploits are functional, as the dark market is rife with scams. Additionally, Kaspersky found that, on average, the cost of exploits for remote code execution vulnerabilities amounted to $100,000.

Exploits are tools used by cybercriminals to take advantage of vulnerabilities in various software programs, like those from Microsoft, to commit illegal activities, such as gaining unauthorised access or stealing data.

More than half of the dark web posts (51%) offered or sought to purchase exploits for zero-day or one-day vulnerabilities. Zero-day exploits target undiscovered vulnerabilities that software vendors have not identified and patched yet, while one-day exploits focus on systems that do not have the patch installed.

“Exploits can target any program, but the most desirable and expensive ones often focus on enterprise-level software. These tools enable cybercriminals to carry out attacks, which equate to substantial gains for them, such as stealing corporate information or spying on an organisation undetected.

However, some exploit offers on the dark web may be fake or incomplete, meaning they don’t function as advertised. Additionally, a significant portion of transactions are likely to occur in private.

These two factors complicate the assessment of the actual market volume for functional exploits,” explains Anna Pavlovskaya, Senior Analyst at Kaspersky Digital Footprint Intelligence.

The dark web market offers a wide array of different types of exploits. Two of the most widespread are those for RCE (Remote Code Execution) and LPE (Local Privilege Escalation) vulnerabilities.

According to an analysis of over 20 listings, the average price for RCE exploits is around $100,000, while LPE exploits typically cost about $60,000. RCE vulnerabilities are considered more dangerous, as they allow attackers to take control of a system or its components, or confidential data.

Dark web listings for buying and selling exploits, 2023-2024, where some offers can be repetitive. Source: Kaspersky Digital Footprint Intelligence

This year, the peak level in exploit sales and purchases occurred in May, with 50 relevant posts, compared to an average of about 26 per month in the period surrounding the surge. “Peaks in the exploit market’s activity are unpredictable and hard to link to specific events.

“Interestingly, in May, the dark web witnessed the sale of one of the most expensive exploits during the analysed period – allegedly, for a Microsoft Outlook zero-day vulnerability priced at nearly two million US dollars,” elaborates Anna Pavlovskaya.

“Overall, the exploit market remains stable; while activity fluctuates, the threat is always present. This highlights the need for cybersecurity hygiene practices, such as the regular patching and monitoring of digital assets on the dark web.”

 


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