By Mojirayo Ogunlana, Digital, Media, Gender and Human Rights Advocate
Imagine logging into the internet, eager to explore opportunities, only to be shut out—not because of your abilities, but because of your identity. This is the reality for many Nigerian women and girls, who face a growing digital divide that limits their access, opportunities, and safety online.
Though the Nigerian Constitution enshrines digital rights—like privacy (Section 37), freedom of expression (Section 39), and freedom of peaceful assembly and association (Section 40)—these rights remain elusive for many women and girls. Discriminatory barriers in the digital space continue to silence their voices and limit their potential.
Amina, a 19-year-old aspiring writer from Kano, represents this struggle. She has a phone but limited internet access due to a family that believes a woman’s place is at home. When she manages to access the internet, she faces harassment and pressure to conform to traditional gender roles. Women across Nigeria face not just limited access but disproportionate levels of online abuse. According to the Paradigm Initiative, 55% of Nigerian women have experienced online violence, including cyberbullying and image-based abuse. These attacks silence women, stripping them of the internet’s potential to provide education, career growth, and political participation.
Access to technology is another hurdle. Despite Nigeria being one of Africa’s most connected nations, only about 35% of internet users are women, according to the International Telecommunication Union (ITU). This digital divide is most severe in rural areas, where financial barriers prevent women from affording smartphones or laptops. In urban areas, even where access is greater, cultural and economic obstacles persist, leaving many women without the necessary digital literacy.
Blessing, a young entrepreneur from Lagos, had hoped social media would help her grow her fashion business. Instead, she encounters lewd comments and threats, not because of her work but her gender and appearance. This kind of objectification and sexualization discourages women from participating in digital economies, turning platforms of empowerment into spaces of disempowerment.
Judicial Precedents: A Path Forward for Nigeria
To address these issues, judicial activism and legislative reform are essential. A landmark case from India provides a framework for advancing women’s digital rights. In Anivar A. Aravind v. Union of India & Ors (2021), W.P.(C) No. 21485 of 2020, the Kerala High Court ruled that restricting internet access disproportionately affects women and marginalized groups, violating their fundamental rights to freedom of expression.
The court recognized that access to the internet is essential for full participation in modern society and emphasized the state’s duty to ensure equitable access to technology.
This ruling offers valuable lessons for Nigeria. By recognizing the unequal impact of digital restrictions on women, Nigerian courts could play a proactive role in safeguarding women’s constitutional rights online.
The Anivar case illustrates that courts can challenge socio-cultural norms that limit women’s access to the internet and push governments to address digital inequality through
targeted policies.
Recommendations for Legislative and Judicial Reform
- Strengthen Legal Protections Against Online Harassment
Nigeria’s Cybercrimes Act (2015) criminalizes online harassment, but it fails to address the gendered nature of such violence. Legislative reform should introduce provisions specifically targeting online abuse that disproportionately affects women. Inspired by the Anivar ruling, Nigeria’s laws should recognize the unique barriers women face in accessing the internet and ensure stronger legal protections for women’s digital rights. - Enact Digital Equality Legislation
Nigeria needs legislation focused on promoting digital equality, including universal access to affordable internet, particularly for women in rural areas. Following the precedent set in Anivar, the Nigerian government should prioritize digital inclusion programs to ensure women and marginalized groups can fully participate in the digital space. - Judicial Activism and Public Interest Litigation
Nigerian courts should follow the example of Anivar by recognizing digital access as a fundamental right. Public interest litigation could be an effective tool for advocacy groups to challenge digital inequalities. A proactive judiciary, which acknowledges the unique barriers women face online, could drive stronger legal protections and hold the government accountable for providing equitable access. - Expand Digital Literacy Programs for Women
Digital literacy programs must be designed specifically for women, particularly in rural and underserved areas. These programs should go beyond basic internet skills, teaching women how to safely navigate online spaces and leverage technology for education and entrepreneurship. Empowering women with digital skills will help break the cycle of exclusion and foster greater participation in the digital economy.
A Call to Action
Nigeria must act decisively to ensure women and girls can fully participate in the digital age. Judicial activism and legislative reform are crucial in dismantling the socio-cultural and economic barriers preventing women from accessing and benefiting from technology. As demonstrated in the Anivar case, courts can drive legal changes that recognize the unique challenges women face online and hold governments accountable for addressing the digital divide.
For women like Amina and Blessing, the internet should be a tool for empowerment, not another space where gender inequality is reinforced. Protecting women’s digital rights is not just essential for their personal empowerment but also for Nigeria’s democratic future.
It’s time to break the silence.
Source: thenigerialawyer
