DELIMITING THE BOUNDARY BETWEEN HATE SPEECH AND THE FUNDAMENTAL RIGHT TO FREEDOM OF EXPRESSION AND THE PRESS IN NIGERIA

From time immemorial, human rights have remained a dominant topic on the front burner of local, national and international discourse. This is undoubtedly attributed majorly to their universality and evolving nature. It is germane to state that even with the emergence of digital technology, the position has not changed. On daily basis, there are always emerging issues that appear to be at cross purposes with the dictates of all inalienable rights, and it is for this purpose that this paper sets out to analyze the boundaries that exist between hate speech and the right to freedom of expression and the press provided for in Section 39(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, taking cognizance of the proposed National Commission for the Prohibition of Hate Speech Bill, pending before the National Assembly. As it is consistent with most law researches, this work has employed the doctrinal research approach in x-raying the meaning, existing laws, and the boundary line between free speech and hate speech, as well as their implications for Nigerians on the cyberspace and the challenges associated with same. The work notes that the current corpus of our legal jurisprudence sufficiently covers both the criminal and civil aspects of hate speech. Therefore, it is absolutely needless to enact an entirely new law to govern the subject, as that will be tantamount to duplication. Recommendations have also been proffered.