1

NWOKEGI, SIDER NWAMAH PG/MA/07/43112

THE EFFECT OF MEDIA LAWS ON NIGERIAN PRINT MEDIA:

A STUDY OF THREE NEWSPAPERS IN PORT HARCOURT,

RIVERS STATE

Mass Communication

A THESIS SUBMITTED TO THE DEPARTMENT OF MASS COMMUNICATION,

FACULTY OF ARTS, UNIVERSITY OF NIGERIA NSUKKA

Webmaster Digitally Signed by Webmaster‟s Name

DN : CN = Webmaster‟s name O= University of Nigeria, Nsukka

OU = Innovation Centre

2009

UNIVERSITY OF NIGERIA

2

THE EFFECT OF MEDIA LAWS ON NIGERIAN

PRINT MEDIA: A STUDY OF THREE

NEWSPAPERS IN PORT HARCOURT, RIVERS

STATE

NWOKEGI, SIDER NWAMAH PG/MA/07/43112

DEPARTMENT OF MASS COMMUNICATION,

FACULTY OF ARTS,

UNIVERSITY OF NIGERIA, NSUKKA

PROJECT SUPERVISOR: DR. C.S. AKPAN

MAY, 2009

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CERTIFICATION

This project report is certified as having met the requirements of the Department

of Mass Communication and the School of Post Graduate Studies, University of Nigeria,

Nsukka for the award of a Master of Arts degree in Mass Communication.

BY

------------------------------------------- ----------------------------------------

CHURCH S. AKPAN (PhD). DATE

RESEARCH PROJECT SUPERVISOR

HEAD OF DEPARTMENT

------------------------------------------- ----------------------------------------

EXTERNAL EXAMINER Date

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DEDICATION

Dedicated to God Almighty for his guidance

and provisions, to my father.

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ACKNOWLEDGEMENTS

I wish to thank God Almighty who made it possible for me to achieve one of my

desired academic heights in life.

To my project supervisor, Dr. C. S. Akpan, I remain grateful to you for all your

efforts in ensuring that this research comes out with an enviable standard. You were

always there, no matter what the time, or the inconvenience, your readiness to listen

encouraged me as you guided and made your corrections to this work. No doubt, your

constructive criticisms brought me this far.

To all my lecturers in the Department of Mass Communication, University of

Nigeria, Nsukka, I say thank you will not be enough, so may the good lord bless you all

abundantly.

I‟ll not forget to acknowledge the invaluable contributions of my coursemates Mr.

Daniel Ekhareafo, Mr. Nnamdi Nwanyanwu, Ogedi Nyekwere, Jane Amaefule, Mr.

Wilfred Olley and all my dear roommates.

Lastly I wish to express my sincere gratitude to my family, especially my

wife and children for their support and encouragement while the programme lasted. I love

you all.

Nwokegi N. Sider

Nsukka 2009

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LIST OF TABLES

Table I: Breakdown of total Questionnaire Administered and Returned

Table I1: Respondent‟s Sex

Table III: Respondent‟s Age Distribution

Table IV: Respondent‟s Educational Qualification

Table V: Respondent‟s Marital Status

Table VI: Respondent‟s Media Organizations

Table VII: Respondent‟s Designation

Table VIII: Respondent‟s familiarity with the laws guiding journalistic practice

Table VIX: Laws guiding journalistic practice

Table X: Do your proprietor(s) make other laws to control your activities?

Table XI: If yes, how would you describe those laws?

Table XII: Do you consider Press laws when carrying out your official functions?

Table XIII: How do these laws affect your duties?

Table XIV: Do press laws bring about objectivity in journalism?

Table XV: Do your editors encourage breaking laws to get information?

Table XVI: What do you consider as a responsible press?

Table XVII: Does your editor kill stories for fear of press laws

Table XVIII: Which do you consider more dangerous to journalism practice in

Nigeria?

Table XIX: Do you think that press laws are made to victimize journalists?

Table XX: In your opinion, who do you think should make laws for the press?

Table XXI: How would you describe a law like the officials secrets act?

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Table XXII: Do you think that the removal of press laws made by the government would

make the press irresponsible?

Table XXIII: What do you think should be done to the present press laws in Nigeria?

Table XXIV: What do you think about the Nigerian constitution‟s provisions on the

press?

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TABLE OF CONTENTS

Page

Title page .......................................................................................................................... ii

Certification ……………………………………………………………………………. iii

Dedication ......................................................................................................................... iv

Acknowledgements ........................................................................................................... v

List of Tables ………………………………………………………………………….. vii

List of Figures ………………………………………………………………………….viii

Table of Contents……………………………………………………………………… ix

Abstract ………………………………………………………………………………. xii

CHAPTER ONE: INTRODUCTION

1.1 Background of the Study .. .. .. .. .. .. .. 1

1.2 Statement of the Problem .. .. .. .. .. .. .. 6

1.3 Objectives of the Study .. .. .. .. .. .. .. 7

1.4 Significance of the Study .. .. .. .. .. .. .. 7

1.5 Research Questions .. .. .. .. .. .. .. .. 8

1.6 Theoretical Framework .. .. .. .. .. .. .. 8

1.7 Scope/Limitation of the Study .. .. .. .. .. ..10

1.8 Definition of Terms .. .. .. .. .. .. .. .. 10

References .. .. .. .. .. .. .. .. .. 12

CHAPTER TWO: Literature Review

2.1 The Media: A Wild Dog .. .. .. .. .. .. ..13

2.2 Why Regulate the Mass Media .. .. .. .. .. ..15

2.3 Media Laws Tenets .. .. .. .. .. ..16

2.4 Why States Restricts Information Flow .. .. .. .. ..19

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2.5 What is National Security .. .. .. .. ..23

2.6 Press Freedom Notoriety or Responsibility .. .. .. .. ..29

2.7 The Nitty-Gritty of Press Freedom .. .. .. .. ..31

2.8 Some Victims of Obnoxious press Laws in Nigeria: Emphasis on

the official Secrets Act .. .. .. ..33

2.9 The influence of media laws of media practice in Nigeria .. .. ..38

2.10 Summary of the chapter .. .. .. .. ..39

References .. .. .. .. ..41

CHAPTER THREE: Research Methodology

3.1 Research Design .. .. .. .. .. .. .. .. 43

3.2 Description of the Research Population .. .. .. .. .. 43

3.3 Sample Size .. .. .. .. .. .. .. .. .. 44

3.4 Sampling Procedure .. .. .. .. .. .. .. .. 44

3.5 Method of Data Collection .. .. .. .. .. .. .. 44

3.6 Validity of the Instrument .. .. .. .. .. .. .. 45

3.7 Instrument of Data Collection .. .. .. .. .. .. .. 45

Reference .. .. .. .. .. .. .. .. .. 47

CHAPTER FOUR: Data Presentation and Analysis

4.1 Preamble .. .. .. .. .. .. .. ..48

4.2 Analysis of Respondents‟ Biodata .. .. .. .. .. ..48

4.3 Presentation and Analysis of Data Collected .. .. .. .. ..53

4.4 Discussion of Findings (Answers to Research Questions) .. .. ..65

CHAPTER FIVE: Summary, Conclusion and Recommendations

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5.1 Preamble .. .. .. .. .. .. .. ..70

5.2 Summary of Findings .. .. .. .. .. .. .. ..70

5.3 Conclusion .. ... .. .. .. .. .. ..70

5.4 Recommendations .. .. .. .. .. .. .. ..72

5.5 Suggestions for Further Research .. .. .. .. .. ..73

Bibliography .. .. .. .. .. ..74

Appendix .. .. .. .. .. ..77

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ABSTRACT

Media laws are not new to the Nigerian press. What is new is the ways in which various

governments and individuals try to hide under some of these laws to cripple the job of the

Nigerian journalists. This is the main thrust behind this research which is centered on

finding the effects of press laws on journalistic practice in Nigeria with a view to

unraveling those laws that tends to reduce the power of journalists with a study on three

newspapers in PortHarcourt in the South-South Region of Nigeria. The study adopted the

survey method using three hundred media personnel as its respondents. Findings from

the study indicates that the Nigerian media landscape still groans under the hard effects

of obnoxious press laws and this has also affected the moral and ethical standard of the

profession. The officials secrets act remains the greatest fear of the Nigerian journalists

and the provision of the Nigerian 1999 constitution was found to be contradictory.

Various literatures on the subject of research were also reviewed in the cause of the

research. Suggestion were made for further research.

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CHAPTER ONE

INTRODUCTION

1.1 Background of the Study

This study examines the effect of media laws on Nigerian print media, a study of

Tide, Niger Delta Standard, and Independent Monitor Newspapers in Port Harcourt.

Reporters have been facing a lot of constraints in carrying out their duties, thereby

impacting negatively on the media in Nigeria, because of Nigerian laws that do not give

them free hands of executing their functions.

Naturally, the concept of law raises the question: what is law? According to

Redmond as cited by Okoro and Okolie (2004:1) Law is defined as “a rule to which

actions conforms or should conform”. Greenwood and Welsh (1985:3) also defined law

as “the set of rules by which the citizens of a country regulate their conduct in relation to

their fellow citizens and to the state. Ekwelukwa (2004:40) opines that:

Press law is the law of ethics of communication. It is the law

affecting practice of journalism. It deals with publications

issuing from the press and affects the press and indeed the

journalists in particular. It is the law that deals with law

censorship. Freedom of the press as it relates to defamation,

that is to say: libel and slander, copyrights, national

security, sedition, parliamentary and judicial precedents,

obscenity civil suits etc.

Furthermore he stresses that “the press can be defined as an establishment for

printing and publishing of books, magazine, Newspapers”, etc. It can also be defined as

the personnel of an establishment for printing of books newspapers, periodicals” etc. and

that press law is a set of rules that exist in human society for regulating the conduct of

press men, resolving conflicts and avoiding confrontations. These include

1 Publication of offensive materials and the law.

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2 Rule of prior restraint

3 The right to speak

4 Freedom of speech and the press

5 Press freedom of criticism

6 The judiciary and the press

7 Detention of persons

8 The 1962 Act

9 Spying

10 Sedition

11 The press council decree disputed section

12 Media ownership

13 Code of conduct, malicious falsehood, contempt of court, obscenity, adversity

law, libel, slander, and copyright publications etc.

The summary of these laws lies in the fact that they affect the practice of

journalism in Nigeria.

According to Mahatama Ghandi as quoted in Yalaju (2001: 185) that the sole aim

of the press is service. The media functions include: national integration, cultural

promotion, surveillance, economic enhancement, education, act as the peoples parliament

information dissemination, agenda setting and installation and sustenance of democracy.

It is at the process of carrying out these functions that they are faced with so many

pathetic situations like:

a. Killing of journalists

b. Seizure of press equipment

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c. Closure of media houses

d. Arrest and detention of journalists

e. Imprisonment of journalists etc.

The Nigerian print media are faced with constitutional and political constraints

which therefore are negatively affecting the performance of the mass media, in Nigeria

they make obnoxious laws and manipulate them to achieve their selfish ends.

The professional rule cannot be elevated into a legal rule e.g. in the case of AG

vs. Mucheland and Foster the journalist were imprisoned for refusing to identify their

sources before the tribunal of inquiry into the vessels spy affair. So there was no way

they could identify the sources because of the ethics of the profession.

Therefore the provisions of the right to freedom of the press is curtailed by the contents

of section 39(3) which states that “nothing in this section shall invalidate any law that is

reasonably justified in a democratic society for the purpose of preventing the disclosure

of information received in confidence, so the press has no absolute right to confidentiality

of the source of information.

In 1993 presidential election the press became the major victim of the

administration. The Nigerian press had to go underground and practiced what is known as

“guerrilla journalism”. Magazine such as Tell, The News and The Tempo had a rough

time with Abacha security agents. Many pressmen were arrested, detained, jailed, even

killed, more importantly disturbing and frightening was the framed-up coup series in

which journalist were implicated, pressmen suffered various degree of persecution.

Section 39 subsection (ii) which states in part that “provided that no person, other than

the government of the federation or a state or any other person or body authorized by the

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president to fulfillment of conditions laid down by an act of the National Assembly, shall

own, establish or operate a television or wireless broadcasting station for any purpose

whatsoever” should be amended to reflect the current trends of privatization instead of

retaining a bogus provision which government for political reasons may use to deny

individuals, groups, states the legal right to own a broadcast or wireless station.

Journalist had always been taken to court for defamation, either by libel or slander

in the process of carrying out its official function. Nigeria is not practicing a full

democracy because a journalist who reports an issue against the government; stands the

risk of been arrested and charged to court for official secret act. The awesome aspect of

Decree No. 1984 was use in suppressing the press through unlawful arrest, search,

indefinite detention of journalist, closure of media houses and the ouster of courts

jurisdiction.

Official Secrets Act 1962 provides that to transmit any classified matter to a

person whom he is not authorized on behalf of government to transmit it shall be guilty of

an offence. So, in sensitizing what they publish, they serve themselves the risk of being

used, and once a published material is challenged, the process of litigation is set for

motion. The government should realize that,the media are partners towards nation

building and development. For the media to contribute their quota, they need better

working relations, which can only be guaranteed by the constitution, through a free press.

The media is one of the essential machineries for upholding the rule of law in

Nigeria. truth is needed at all times and in every society. It is the truth that leads to real

progress as noted by Ewelukwa (2004: 85). That, at the course of pursuing the truth, they

are been harassed, intimidated and imprisoned for either defamation or any other

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allegation, thereby creating unfavourable situation for the press”. It is on these note that

Yalaju (2001: 185) states that:

The newspaper is not only a collective propagandist and

collective agitation, but also a collective organizer. In the

respect, it can be compared with scaffolding put around a

building under construction, it indicated the shape the

building will have, makes communication between the

various building works easier, helps the workers to

distribute the work and to be aware of the general results

jointly achieved by the organized works.

The crusade for freedom of expression and the press is as old as government

itself. The press has been described as the fourth Estate of the Realm, meaning that the

press ought to be on equal pedestal with the other estate the executive, the legislature, and

the judiciary. According to Yakubu (2003:11) he buttress that “the extent to which the

press of a nation can go in achieving its noble objectives depends on each society. So

fundamental is the role of the press that a place have been found for it in the Nigerian

Constitution. Section 39 of the 1999 constitution tagged |Right to freedom of expression

and the press” provides:

(i) Every person shall be entitled to freedom of expression, inclusively freedom to

hold opinions and to receive and impact ideas and information without interference.

Furthermore section 22 of the 1999 constitution also provides that “the press, radio

television and other agencies of the mass media shall at all times be free to uphold the

fundamental objectives contained in this chapter and up hold the responsibility and

accountability of the government to the people.

So, freedom of speech means no more than speech from which illegal utterances

are subtracted from press freedom or liberty of the press in absence of political

censorship in the press or other media. It would be seen that government is afraid of

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criticism hence the restriction on press freedom. Based on this premises we can rightly

observe that, press criticism is what government fears. For the purpose of preventing the

disclosure of information received, there are some laws that are contradicting to the

freedom of the press. section 4(1) of the 1999 constitution provides that “any person who

whether for gain or not distributes or progress any article to be obscene for the purpose of

the Act Commits an offence punishable on conviction by the fine of not exceeding N200

or by imprisonment for a term of not exceeding three years or by both”. Therefore

constitutional provisions of Nigeria are not enough to protect the press and to guarantee

effective press freedom, and there is no point having freedom of the press if you don‟t

use it.

1.2 Statement of the Problem

Media laws have been the greatest albatross to journalistic practice in Nigeria.

From the colonial times to the modern journalistic era, the laws have often act as

restriction on the much avowed talk about press freedom. Thus, some of the laws restrict

the journalist right to secure information that may be of public interest. Even when the

journalist goes the extra-mile to seek vital information about government activities which

are tagged official secrets but against the interest of the state, he could be guilty of

treason. Similarly, a fair criticism of the government policies and programmes could be

calculated to be seditions, depending on the nature of the man in the saddle of leadership.

In recent times, comment made about the president faring health has brought a

defamation litigation against the management of the leadership newspaper. In the last

democratic dispensation, comment made by Gbenga Aruleba, presenter of „FOCOS

Nigeria‟ on AIT about the acclaimed new presidential jet which according to him did not

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appear new due to seditions charges against him, infact the journalist is daily constrained,

living him with little freedom to really carryout his constitutional obligation to the state.

The laws have denied and deprive the press of the capacity to carry out its true mandate.

The problems therefore necessitate this study, the effect of media laws on Nigerian print

media. In other words, what are the effect of media laws on Nigeria print media with

particular reference to the newspapers under study.

1.3 Objectives of the Study

Objectives of the study are particularly to examine the effect of media laws on

Nigerian print media. This practice is viewed from the constraints the obnoxious laws

have made in the proliferation of the Nigerian print media. The study will be guided by

the following objectives:

(1) To determine the effect, Nigerian laws have made on the print media that do

not give room for journalists to carry out their work effectively.

(2) To determine the ways in which these laws affect journalistic practice.

(3) To determine the ways in which these media laws affect objectivity of the

work of the journalist and to a large extent those in the print media.

(4) To determine what can be done to correct these obnoxious laws.

1.4 Significance of the Study

This study will contribute in the already existing literature in area of press

freedom in Nigeria.

It will further provide information, data that will help to review those laws that

are detrimental to journalist profession.

It will also create awareness on the implication of the laws that are harmful to the

Nigerian mass media.

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It will be useful for researchers that may wish to research on press laws.

The findings of the study will highlight to Nigerian‟s the effect and causes of

media laws in Nigeria and how it affect performance of the media in Nigeria.

1.5 Research Questions

The following research questions were formulated to guide the study.

1. What effect have Nigerian laws made on the print media that do not give room

for journalist to carry out their work effectively?

2. In which ways do these laws affect the journalistic profession and the work of

the press?

3. In which ways do these laws affect the objectivity of the work of the journalist

and to a large extent the print media?

4. What can be done to correct these obnoxious laws?

1.6 Theoretical Framework

This study employs two theories of the press, authoritarian theory and the social

responsibility theory. The thesis of this theory according to Udeajah (2004: 22) is that,

authoritarians believe that the media should do nothing that would undermine established

authority or disturb public order. Instead the media should always be subordinate to

established authority. He notes that the media under this system of government should

avoid offence to majority or dominant moral and political values; unacceptable attacks on

authority, deviation from official policy or offences against moral cases should be

considered as criminal offences and that censorship can be justified especially when it is

aimed at enforcing authoritarian principles. In these words, media people have no

independence within their media organizations.

From Ojobor (2002:7) perspective, the media under authoritarian system of

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government should submit to the authorities and the truth is that statement which

supports or is beneficial to the government in power. The issue of press freedom is not

tolerated under the authoritarian system; and all kinds of control of the media are

considered necessary for the power holders to ensure the welfare of the state.

The theory holds that the instrument of control of the press, manifest in

legislation, taxations, and economic sanctions, enforceable cases of practice and direct

appointment of media personnel. The implication of the theory in the light of the study

lies in the following assumptions:-

(1) Laws that restrict the rights of the press to gather and disseminate information

are instrument of state control of the press.

(2) The fear of been harassed, tortured and imprisoned can prevent media workers

from reporting stories that may lead to such, this study employs two theories

of the press.

Social responsibility theory of the press, according to Ojobor in Okunna

(2002:11) stresses that “the theory believes that freedom carries concomitant obligation

in it, press is to be responsible to society by carrying out certain essential functions of

mass communication Siebert et al as cited by Ojobor in Okunna (2002:11) supported this

assertion by saying that “the theory tries to reconcile their somewhat divergent principles:

individual freedom, and choice, media freedom, and media obligation to society. Two

main ways has been generally adduced as solutions for achieving freedom and

responsibility of the press. First, developing independent public institutions for media

management. Secondly, further development of professionalism as a means of achieving

higher standard of performance while maintaining self-regulation by the media

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themselves. Baran (2007:473) added that media must remain free of government control,

but in exchange the media must serve the public.

1.7 Limitations of the Study

Survey research has been rated as a very reliable method of generating relevant

data needed for study, in a natural setting. Though it has been criticized by the words of

Okoro (2001:39) that opinions of respondents are subject to change from time to time;

subject to sampling error, and subject to biased and subjective information. Beside, the

researcher found out that print media practitioners are not easily accessible, because of

the nature of their job. They are always on the more in pursuit of news, facts or events.

So, getting them to sit down and fill the copies of the questionnaires may not be an easy

task. This may hinder the research work.

Furthermore, the researcher may be constraints by finance and time which may

not allow a thorough and in-depth research work.

1.8 Definition of Terms

1 Ethics: The lay down principles of the journalist profession. The rules that guide

the work of the journalist.

2 Information: is the dissemination of news so that people can be acquainted with

the day to day happening.

3 Laws: as used in this paper are the rules or the inhibitions that prevent free access

to, and publication of information. That is, all legal restraint to gathering and

dissemination of information.

4 Media: are the various channels through which information is dispersed to a mass

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audience. In this case, the print channels.

5 Obnoxious: An offensive law that is antagonistic to the work of the journalist. It

has a negative impact on the journalist activities.

6 Tide: is the newspaper published by Rivers State of Nigeria.

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REFERENCES

Akinfeleye and Okoye (2003). Issues in Nigerian Media History: 1900 – 2000 AD.

Malthouse Press ltd. Lagos Victorial Island.

Baran, S. J. (2007). Introduction to Mass Communication. Media Theory and Culture

Fourth Edition. McGraw Hill Companies Inc. America New York 1221 Avenue.

Constitution of the Federal Republic of Nigeria 1999.

Ewelukwa, B. N. (2004). Introduction to Nigerian Press Law. Maranatha Press Ltd.

Okpara Avenue, Enugu-Nigeria.

Ojobor, J.I. (2002). Theories of Mass Communication in Okunna, C.S. (Ed.) Teaching

Mass Communication: a Multi-Dimensional Approach. Enugu: New Generation

Books.

Okoro and Okolie, (2004). Law, Politics and Mass Media in Nigeria. Prize Publishers

Ltd. Nsukka, Nigeria.

Tom Welsh, W. G. (1985). Essential Law for Journalists Ashford Composition Ltd.

Great Britain.

Tony Momoh, P. (2002). Nigerian Media laws, EFUA Media Associates Ltd. Lagos:

Anthony Village.

Udeajah, R.A. (2004). Broadcasting and Politics in Nigeria 1963-2003. Enugu: Snnap

press.

Yakubu, J.A. (2003). Press Law in Nigeria. Demyaxs Press ltd. Agodi G.R.A. Ibadan,

Nigeria.

Yalaju, J.G. (2001). Media Law. Prelyn Fortunes Ltd. Port Harcourt, Nigeria.

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CHAPTER TWO

LITERATURE REVIEW

2.1 The Media: A Wild Dog?

At a well-attended function at the Golden Gate Restaurant in Ikoyi, Lagos, few

years back, a young woman left her seat and started raining slaps and abuses on a

Nigerian journalist. She accused the journalist of writing negative stories about her,

which did not only impugn her reputation, but had equally made her marriage to be on

the precipice. She wondered why the journalist would not leave her alone, since she was

not a public figure. It took the timely intervention of other guests to calm down the

situation, but not when she had succeeded in tearing the shirt of the hapless journalist,

and leaving some marks of fingernails on his face. It was later discovered that the

journalist worked with one of the soft-sell publications in Lagos, whose unwritten

“editorial policy”, appears to be prying into people‟s private affairs, irrespective of

whether the individual was a private individual or not.

The above vignette illustrates a sad commentary on how the Nigerian press

violates the privacy of private individuals, without minding that privacy is both law and

ethics guiding the journalism profession. This certainly may account for one of the

reasons why there are myriads of laws meant to tame the claws of the press. No genre of

the Nigerian press is guiltier of this offence than the soft-sell publications, which have

become synonymous with “junk journalism” or “yellow journalism”. Making an allusion

to the lack of professionalism in the Nigerian media, Ciroma (1995: 99) argues thus:

The Nigerian mass media especially the print

media are continuously engaged in criticism.

Newspapers and magazines spring up without

bothering to conform to the laws of registration of

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the media. They appear to spring up to abuse

citizens they have grouse with. Lawlessness and

breakdown of law and order are nowhere more

exemplified than in the field of journalism.

Supporting the above on how lack of professionalism has bedeviled the

journalism profession, Gana (2002: 35), notes in a general sense that lack of

professionalism among Nigerian journalists has led to acts of destabilization through

defamation, allegations of corruption without convincing evidence, publication of news

stories without verification from the other side, sensationalization of headlines which do

not really reflect the content of the story, as well as the invasion of privacy. This view is

also corroborated by Abubakar (2002: 39) and Ibeazimako (2006: 60).

But how did these “muck-raking” brand of journalism start in the world? Around

the beginning of the 20th

century, barefaced corruption, greed and abuse of business and

politics were contributing to the moral decadence of the American society. Some of the

ills which plagued the country were: unsafe food, inhuman child labour practices,

unregulated drug manufacture and workplace exploitation. Tired of the state of things in

the U.S, the press capitalised on the wave of libertarianism in the country then, and

engaged in character assassination and other unwholesome practices, unbecoming of

them. The climax of the situation was when the U.S. Cosmopolitan newspaper in March

1906, accused the country‟s senators of treason, whereupon President Teddy Roosevelt

was compelled to reply the press by condemning “the man with the muckrake who in

magazines makes slanderous and mendacious attack upon men in public life and upon

men engaged in public work” (Baran, 2004: 139).

As Ojobor (2002:10) rightly argues, the libertarian era afforded the press so much

unfettered freedom that it became careless and irresponsible, thereby taking its freedom

26

for granted. The outcome of the “free-market place of ideas”, which was popularized by

John Milton‟s Areopagitica (1644), was “yellow journalism”, exemplified by character

assassination and sensationalism. The irresponsibility of the press became rampant. So

the invasion of privacy of the press became one of the perennial problems which the

people had to deal with. It not only gave hounded public figures sleepless nights, but

even private individuals were not insulated from the prying eyes of the press. To protect

one‟s privacy from the press became difficult for those who are in the limelight. Every

now and then some one was either complaining or filing a lawsuit against the invasion of

his or her privacy. This became a media menace which took on a frightening dimension

with the “tabloidization” of the press” (McQuail, 2005: 309).

For instance, the photographer or paparazzi, to an extent, could invade people‟s

privacy to such dimension that it could lead to fatality. One of the best examples which

shows the negative effects of the paparazzi was the case of Princess Diana. In a bid to run

away from the numerous paparazzi who were chasing her and her lover, Dodi Fayed, they

had an accident. This is one of the extreme cases of the invasion of privacy which has

gone down in history. It became so serious that the press and photo-journalists in

particular, were bitterly criticized and condemned.

2.2 Why Regulate the Mass Media

Governments all over the world, regulate various fields of human endeavour.

Thus, banking, education, health care delivery, hotels, etc, are regulated. This means

these industries are provided with basic structures for their operation. The mass media

industry is equally regulated. However, because of the peculiar nature of the mass media

as vehicles for free expression, which is a fundamental human right, government is

27

careful to regulate the media only to the extent consistent with the expectations of a

democratic society. Thus, over-regulation of the media will stifle free expression and give

rise to underground press and even rebellion.

Malemi (1999: 32) identifies four formal regulatory mechanisms of the mass

media as follows:

a) Constitutional Provisions

The 1999 Constitution of the Federal Republic of Nigeria, Section 39.

b) Statutes (e.g. The Official Secrets Act, Laws of Sedition, Contempt, Obscene and

Harmful Publications Act, Defamation, Copyright, Advertising laws, National

Broadcasting Commission (NBC) Code, Newspaper Act, Media Council

Decree, which established the Nigerian Press Council (NPC), the Nigerian

Television Authority (NTA) Act, the Federal Radio Corporation of Nigeria

(FRCN) Act, etc.

c) Ethical Guidelines

Professional bodies provide mechanisms for the regulation of their members,

each having a constitution and a code of ethics.

d) Informal restraints

Examples are beat associations and other informal arrangements which

impose certain demands on members.

2.3 Media Laws Tenets

It is important to point out that some authors use media law, mass communication

law and press law interchangeably. This is because the mass communication domain has

been stretched in recent times to include all forms of information and communicative

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processes and channels.

The original mass communication domain consisted of the press (newspaper and

magazine), radio, television, film, public relations and advertising. But in recent times

new forms and even old ones that were not in the original list have been included. Some

of these new forms are: drama, phonographs, the internet and even G.S.M. For this

reason, some authors have defined Mass communication law to mean all the laws made

to govern the activities of these wide varieties of media. For example, Malemi, (1999:3)

writes:

Mass communication, media or press law, is the

law governing the receiving and dissemination of

ideas and information, the Media of mass

communication, the role of press and the writing

public, their rights and their duties to the private

individual and the state in general.

It has been pointed out above that the term Press is only a part of and not the

whole of mass-communication. So, media law or mass communication law should

include all the laws governing the operation of newspaper, magazines, radio, and

television broadcasting, public relations and advertising practices, internet, phonograph,

satellite broadcasting and all the new information and communication technology (ICT).

However, many authors limit their discussion of mass-communication law to

press law, as it was in the beginning. Why is it so? I guess it is because press law is the

oldest and most often brought to the consciousness of the general public.

Indeed, there are laws governing the practice of public relations and advertising,

but since the practitioners of these professions do not deal directly with general public,

not much is known about the laws governing them. Nevertheless, it should be pointed out

that press law does not constitute mass-communication or media law, since the mass

29

media or mass communication consist of other channels in addition to the press.

Press laws are legislations made by the government in power at the Federal State

and Local Government levels, to control or regulate the activities of the Press in a part or

all part of a given country. There is no country in the world where there are no Press laws

or where the Press is not expected to operate within the ambit of the law. After all, the

purpose of law is to protect the rights of citizens and ensure an orderly society.

However, given the fact that freedom of the Press is an essential requirement for

democracy, the laws governing the press in the genuinely democratic countries are those

which only seek to protect the fundamental rights of individuals and ensure the

maintenance of peace and tranquility. Such laws are the laws of Defamation, Libel,

Slander, Sedition, Copyright and Plagiarism.

Other laws outside these basic ones are usually frowned at by the Press and Civil

Society, since they are bound to constitute undue restrictions on Press and freedom,

which to a large extent is an extension of individual freedom. The United States of

America provides a model in this regard. The famous First Amendment to the American

Constitution which was adopted in 1791, states in part that „…Congress shall not make

any law… abridging the freedom of the Press‟. This Provision of the American

Constitution is the basis of the high degree of press freedom and individual freedom

enjoyed by the American Press and people. But most other countries of the world,

especially in the developing world, do not enjoy a high degree of Press freedom. This is

because, in addition to the laws of Defamation, Libel, Slander, Sedition, Copy right and

Plagiarism which already exist in their Statutes, the ruling elite are always passing other

obnoxious laws which merely seek to protect the selfish interest of those in power.

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In the history of Nigeria from the colonial era to end of military rule in 1999,

most Press laws were made for this purpose. These bad laws, notorious for being

retroactive and precluding the jurisdiction of the civil courts, have been used to

intimidate, harass, and imprison journalists, opposition politicians and Civil rights

advocates. Momoh (2004) gives a complete inventory of such laws.

2.4 Why States Restricts Information Flow

Most countries of the world appreciate the fact that freedom of the press is very

essential to both government and citizens as it helps in building the confidence of the

government in the people when information is allowed to flow without any form of

hindrances.

In light of the above, Osibanjo and Fogen (1991:2), Ukonnu (2005:195), lists the

basic postulates of press freedom as;

1. Absence of pre or post censorship.

2. Freedom of the press to gather information and the right not to be compelled to

disclose the source of information.

3. Freedom to impart knowledge or information

4. A passive right to receive and share information

5. Freedom from unnecessary chastisement by the government for what is published

6. Freedom from domination and control by publicist and advertisers

7. Creating an environment for meaningful competition among forms in the industry

8. Freedom to criticize the government constructively when necessary.

9. The absence of baseless restriction (all restriction not backed by law for public

good). Etc.

31

The above requirements for press freedom are germane or realistic as they are the

basic ingredients which the media need if they are to effectively perform their duty as the

society‟s watchdog.

Sadly, many governments especially in Nigeria, in acting out their role as

sovereign, adopts many different means of restricting information. Sometimes the

restrictions are imposed on private individuals from revealing information about other

people and restrictions imposed on its own agencies from revealing some types or

categories of information. There is equally a seeming blanket restriction on government

institutions from revealing information that are capable of casting them in their true and

uncharitable light within the public's eyes.

A plethora of laws prevents civil servants from divulging official facts and

figures, notably the Official Secrets Act which makes it an offence not only for civil

servants to give out government information - but also for anyone to receive or reproduce

such information. Further restrictions are contained in the Evidence Act, the Public

Complaints Commission Act, the Statistics Act and the Criminal Code - amongst others.

For instance, a government minister would not be permitted to present any damning

report about the government‟s excessive spending no matter how true such information is.

As an employer of labour, government expects its employees not to reveal 'confidential

information' concerning its activities. By this act the government creates the principal

problem of moral hazards which literally empowers people, who, acting on their self

interests and hiding in the name of government to be able to take economic advantages of

the rest of Nigerians.

There are also restrictions on the power of media houses to communicate certain

32

types of information no matter how relevant it might be to the people. For instance, the

minister for information during President Obasanjo's (1999-2007) tenure had once

ordered the shutting down of some private television stations for daring to air the crash of

Belview airline! The same punishment was meted out to Channels Television when it was

shut down some months ago for relaying news from a foreign news agency that President

Umaru Musa Yar‟Adua was planning to resign on health grounds, even when the foreign

news agency claimed that it got its information from the News Agency of Nigeria (NAN).

Would it not just be the right thing to inform the people of the mishap as soon as it

occurred so that those who could help could possibly do so and those who were affected

could choose another line of action to take? In a democratic setting where the government

is preaching the rule of law and due process, would it not be better to sue the media

organization instead of the normal repressive means of closing down media houses by

force. In the meantime, while the Nigerian government was busy closing down media

houses, locally, international stations relaying the same stories were not affected as they

had field day airing the same information.

There is need for clarifications in all these. Certain types of information such as

private people's confidentiality information such as their health and financial conditions

ought to be their private information. Those who are privileged to know about this and

are revealing it without appropriate permission are unduly utilizing the information which

they ought not to make use of. But when the issue is of national concern, such as the

health of the president of the country, then it becomes a public discourse. The coercion of

its agencies not to reveal information concerning it even when it is clearly necessary

without due authorization which in many instances never materializes is not only evil but

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negates the rule of law in all ramifications.

To understand this better, when government is viewed in abstract as a mechanism

that exists independently of humans who run it, such restrictions appear necessary or

justified in that one comprehends it as a system working perfectly for the good of all

without the subjective considerations of the human actors behind it. A different and more

correct interpretation emerges when government is viewed as a convergence of different

persons who are pursuing their individual goals using the instrumentality of government

machinery. Whereas these people should as expected serve the interest of the citizenry, it

does not eliminate the truth that majority of them will try as much as possible to use their

positions to achieve some personal goals.

The differences in outcomes will now depend on how legitimately, ethically or

transparently or otherwise these personal goals are pursued while latching on the

government vehicle. Some will be gravely immoral about it while some will not. Thus

restricting information outflow from government systems is generally the best way of

ensuring that the schemes and outcomes of these individual motivations are not thrown

out without necessary modifications that will make them acceptable to the generality of

the people. The easiest way out of this would be to classify such information as a 'security

risk' and therefore against the Official Secrets Act. Unfortunately some of the information

that is seemingly protected look ridiculous and in some government offices may include

press releases which have already been made available to the public by the same

government agents.

Generally, government's restrictions on publications and editorials or more widely

the airing of certain relevant information on television or radio is most common place

34

when freedom of the press and of information is considered. Press freedom seems to have

improved significantly since Nigeria returned to democratic rule. However, one wonders

why the democratic government still habours such obnoxious law like the Official Secrets

Act. There is no gainsaying that substantial trace of resistance to the freedom of the press

by government and its officials still abound. The entire editorial crew of the Leadership

Newspaper in Abuja is presently being hounded by state security agencies in a case which

the President has instructed his lawyers to take to court.

President Obasanjo while in office was known to turn powerful each time the

press publishes uncharitable albeit true information regarding his governance style. Even

within the recent administration, the minister for Agriculture was reported to have

arrested and detained a journalist for daring to write that he has the intentions of

contesting for gubernatorial position in his state. Free press is being suppressed because it

is the most efficacious weapon that shatters the sovereign's hold on information.

Ironically, a free press has an undisputed role in ensuring accountability, good

governance as well as overall economic development of the country.

2.5 The Press Vs. National Security

2.5.1 What is National Security?

Imobighe (2001) identifies three models for defining national security. The first is

the narrow military conception, which implies the assemblage of “a formidable military

defence to protect the territorial integrity of the state from both internal and external

violations” .The second model sees national security as “protection not only from

military threats but also from economic vulnerability, ecological threats and natural

35

disasters”. The third model for defining national security, which he terms “a new

thinking” among African scholars, considers national security as: Freedom from, or

elimination of threats not only to the physical existence of the state, but also to its ability

for self – protection and development, and the enhancement of the general wellbeing of

all the people. According to Imobighe (2001) this is the kind of security which provides

all the inheritance with the “right atmosphere for self-improvement and actualization”.

In examining the three models of security suggested by Imobighe, one can easily

see that the first model, which is the dominant paradigm, is the type practiced in most of

the African states from pre-colonial times, but was perfected by the military. The second

model is gaining more and more acceptance, while the third model, at best, is only an

ideal existing in the heads of Africans but as yet, the governments are only paying lip

service to it.

The most ardent proponents of the traditional model of security are the apologists

of military rule. For example, Mohammed Gambo (1988:102) defines national security

simply as protection of the lives and property of people of various forms of threat, be it

internal of external. It is the decision – making process concerned with the identification

of potential and actual threats, and the mobilization of resources in frame that promptly

ensures the safety and stability of the nation state, while simultaneously enhancing the

promotion of national development.

Even at that, what obtains in most African states, which attained perfection during

the dark days of military rule, is a distorted version of the traditional model, whereby

those in power substitute their individual security for national security and, consider any

challenge to their tenacious grip on power as a threat to national security. Since national

36

security should occupy the „highest priority‟, is “non- negotiable” and does not permit

“undue compromise” (Gambo 1988:102) any individual or group which poses the

slightest threat to the selfish interest of those in power, is visited with the full might of

state coercion. Incidentally, it is the media and those who use them to vent dissenting

views that are always at the receiving end of this coercion. The history of Nigeria from

the dawn of colonialism to date but especially in the military era is replete with instances

of such rifts between the media and government over national security.

2.5.2 The Roles of the Media which Seem to Undermine National Security

The following theoretical cum traditional functions and characteristics of the mass

media make them particularly vulnerable to accusations of national security breaches.

Harold Lasswell (1948) identified three major functions of the media as surveillance of

the environment, correlation of the parts of the society in responding to the environment

and the transmission of social heritage from one generation to the next. A fourth function,

entertainment was added to this list (Wright, 1986).

In performance of these functions the mass media in Nigeria, like their

counterparts in other places, inevitably step on powerful toes. However, since, as we have

pointed out earlier, the authorities of Nigeria usually equate their personal preservation

with the security of the nation, and there are no special statutory provisions to protect the

media, it is hardly surprising that the media are constantly being accused of undermining

national security.

Another characteristic of the mass media which seems to undermine national

security is the ability of foreign radio, television and of late, the internet, to cut across

national boundaries. Information which the government would rather prefer the citizens

37

to be ignorant about is made available to the general public via those media. Akpan

(1988:14) points out that such split- over signals “can easily threaten a nation‟s culture,

integrity or even security”.

Thirdly, commercials brought to the notice of Nigerians by media such as books,

newspapers, magazines, satellite television and the internet are capable of creating a

desire for foreign goods and services, thereby providing uneven competition to locally

produced goods and services.

An avalanche of imported consumer goods into the Nigerian economy has over

the years caused the closure of many local factories, increasing unemployment and

economic crimes. Similarly, according to Akpan (1988:14) the desire for the consumer

goods of other countries, can lead to the disruption of national plans for “orderly social

and economic development”.

On the other hand, if the goods and services advertised are desired but cannot be

afforded by the local folks, it may result in what Schramm referred to as “rising

expectations and rising frustration”. Frustration breeds restiveness in the policy, which

often finds expression in economic crimes sabotage, looting and vandalization of public

property at the least provocation, communal and sectarian clashes and numerous other

negative tendencies which undermine national cohesion and security.

2.5.3 The Press and the Protection of National Security

For many reasons, journalists should contribute to and protect national security.

The first reason is that Nigerian journalists, as citizens, owe an obligation to ensure the

nation‟s well-being and development. Another reason is the prominent position of

38

journalism as the Fourth Estate of the Realm, constitutionally recognized alongside the

Executive, the Legislature and the Judiciary. It stands to reason that journalist should

work conscientiously to preserve the nation at all cost. Indeed, in the one-and-a-half

centuries history of Nigerian journalism, its professionals have given a good account of

themselves as patriotic and socially responsible, perhaps even more so than the members

of the executive, the legislature and the judiciary. Yet, objective analyses of the press

performance over the years, particularly in times of national crises, have found the

Nigerian press guilty of “undue misrepresentations and overt partisanship” (Ibelema:

2003:197). And this is the excuse autocratic leaders have cited for press repression.

Ibeleme (:2003:197) gives the following account: After accusing “some section of our

press” of disseminating a “great deal of misinformation”, Abacha asserted that

“government would not shirk her responsibility to protect “the rights of her citizens”.

Ibelema is also right in pointing out that by citing “the right of the citizens”

Abacha was only speaking tongue in check, being concerned rather with his own self-

preservation. But the press had fetched the ant infested faggots that invited the lizards, to

use an Achebe idiom.

Against the above background, the first advice one can give the Nigerian press on

the protection of national security is therefore that they should come to equity with clean

hands, being faithful to their code of ethics. Truth, as a cardinal journalistic principle,

should be preserved at all costs. Press partisanship should also be eschewed in the spirit

of social responsibility. Journalists should rise above primordial sentiments such as ethnic

emotionalism, religious bigotry and selfish interest in the handling of public affairs

especially when the security of the country is involved. It is usually assumed that the

39

average Nigerian journalist is well grounded in the relevant laws and ethical codes

governing his profession. But at a national workshop on curriculum development held in

Abeokuta, Ogun State in November, 2003, it was generally observed that many Nigerian

journalists are ignorant of the laws and ethics of their profession. Accordingly, the

Workshop recommended that appropriate steps be taken in the training institutions to

ensure that the students know and apply the necessary laws and ethics.

Journalists must offer constructive criticism at all times and avoid undue sensationalism

especially on matters of national security. Moreover, media professionals should aim at

the production of high quality media content as a bulwark against the invasion of foreign

media content with their adverse consequences for the nation‟s culture industries and

security.

National Security is of utmost importance to every country and no responsible

government can afford to be negligent about it and watch the security of its nation being

trifled with. At the same time, it must be stressed that it is the duty of all patriotic citizens

and institutions to partner with the government in the protection of national security. The

mass media as a patriotic institution must join hands with government to protect national

security for the benefit of all the citizens, including even those who are yet unborn.

Therefore, as partners in progress, the Nigerian government and the media must conform

to certain acceptable universal practices, such as taking one another into confidence at all

times, and resisting the temptation to act as prosecutor and judge in their own court when

issues of national security concern arise from time to time.

2.6 Press Freedom-Notoriety or Responsibility

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The term freedom as it relates to the press appears elusive as there is lack of

agreement about what the meaning should be. Each society fashion its own idea of press

freedom and which invariably determines the degree of freedom from restrain. This idea

is portrayed by the normative theories of the press which tend to situate the press

functionality within the context of social and political milieu (Folarin, 2005:27).

Egbon (2007:6) notes that “most critics agree that lack of prior restrain or

licensing constitute what can be referred to as press freedom”. A look at some definitions

would help to make this clearer.

According to Blackstone cited in Tom (2004:93) “Liberty of the press consist in

laying no previous restrain upon Publications and not in freedom from censure for

criminal Matters where published.” Observed from the foregoing definition is that press

freedom emphasizes the absence of previous or prior restrain upon publication and not

press permissiveness in the name of freedom.

Ukonnu (2004:193) gave credence to this view when he defined press freedom

thus:

Press freedom means the provision of the condition

(by the society in general) that support the

determination of information objectively without

any form of unwarranted restrain.

It is equally clear that press freedom detests undue or unwarranted restrain but

rather, demands a provision of a conducive atmosphere necessary of objective

information receiving and dissemination. Press freedom does not imbibe permissiveness

and notoriety under the shield of freedom.

For the purpose of clarity and preciseness, it would be necessary to outline the

41

basic conditions or elements necessary for press freedom. This is what is referred to here

as the nitty-gritty of press freedom.

2.6.1 The Media and Social Responsibility Theory

The excesses of the press under the libertarian era, made the people to call for a

responsible press, hence the need for the social responsibility theory. This theory

contends that freedom carries responsibility and other concomitant obligations. It is

believed that the press should be responsible by carrying out certain responsibilities to the

societies. According to Folarin (2005: 30), the media under a socially responsibility

environment can be used by anyone who has an idea to express, but they are forbidden to

invade private rights or disrupt vital social structures or interests. The only serious

constraints on the press are exercised by community opinion, consumer protest and

professional ethics. Although Siebert, Peterson and Schramm, did popularize the social

responsibility theory, but its origin can be traced to the 1947 Hutchins Commission on

Freedom of the Press, which was named after its chairman, professor Maynard Robert

Hutchins, the Chancellor of the University of Chicago. This was because the so-called

free market place of ideas had failed to guarantee press freedom and yield the expected

benefits to the society. Rather, the circumstances surrounding the libertarian era and the

attendant lowering of public tastes, made the Americans to think that the media had to be

kept to certain social standards, while at the same time, ensuring the preservation of press

freedom. In other words, socially-acceptable press behaviour was to be anchored on self-

regulation, but if the press would not voluntarily behave, then there must be certain social

structures to ensure that it behaves in compliance with recognized social standards. This

position is equally shared by Kunczick (1988: 48).

42

Thus, the media are enjoined to obey the following tenets: media should accept

and fulfill certain obligations to the society; media can meet these obligations by setting

high standards of professionalism, truth, accuracy and objectivity; media should be self-

regulating within the framework of the law; media should avoid disseminating material

that might lead to crime, violence, or civil disorder or that might offend minority groups;

the media as a whole should be pluralistic; has a right to expect high standards of

performance, and official intervention can be justified to ensure the public good, and the

media professionals, should be accountable to the society as well as to their employers

and the market.

2.7 The Nitty-Gritty of Press Freedom

Ukonnu (2005:195), Osibanjo and Fogen (1991:2) outlines the ingredients,

elements or nitty-gritty of press freedom as follows:

1. No prior or subsequent censorship.

2. Freedom to gather information and the right not to be compelled to disclose the

source of information.

3. Freedom to impart

4. A passive right to receive

5. Freedom from unreasonable punishment from what is published

6. Freedom from domination and control by publicist and advertisers

7. Allowance of meaningful competition among forms in the industry

8. Freedom to criticize the government. Any government that cannot tolerate

criticism should relinquish power.

9. The absence of baseless restriction (all restriction not backed by law for public

43

good). Etc.

There is no doubt that the above requirements for press freedom are not utopian or

idealistic as some have thought but realistic and fundamental to any civilized society. The

demand for press freedom is not just for the press itself, but a social need for the

enhancement of the society in general.

2.7.1 Constitutional Provisions of Press Freedom in Nigeria

Without doubt, every society of the world claims to uphold press freedom. This

underscores why it is reflected in various articles and constitutional provisions of most

states if not all. Using Nigeria as a reference point, Okoro (2004: 146) observes that the

right to freedom of expression and the press has always been provided for in various

Nigerian constitutional enactments. He note that this right has progressively been

contained in section 24 of the independent constitution, section 25 of the 1963

constitution, section 36 of the 1976 constitution and section 38 of the 1999 constitution.

All contain almost the same words on freedom of the press and expression.

Gambo (2006:89) succinctly comments that the 1999 constitution is more

elaborate in its provision on not general freedom of expression but also on the obligation

of the media to uphold the fundamental objectives and directive principles of state policy.

For example section 39 provides inter alia

Subsection. 1

Every person is entitled to freedom of expression, including

freedom to hold opinion and receive and impart ideas and

information without interference.

Subsections 2

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…Every person shall be entitled to own, establish and

operate a medium for the dissemination of information,

ideas and opinion.

While section 39 deals with general provisions on freedom of expression,

condition for owning and operating the media and also similar broad provision on the

obligation of the press to the government and the people, section 22 provide that the

press, radio and television shall at all time uphold the fundamental objectives contained

in this chapter (chapter 11) and uphold the responsibility of and accountability of the

press to the people.

Generally, the Nigerian constitution‟s provision is in line with the provisions of

the universal declaration of Human Right (1984), Article of the European Convention of

the Human Rights (1950) and 13 American Convention on Human Right.

Yakubu (1999:26) while acknowledging the position of the constitution on press

freedom comments that: “Giving the position of the law it is felt that the interest of the

public is best served if freedom of information dissemination is allowed. Yakubu further

notes that unnecessary shield of public officials as not to make their activities known to

citizens should be discouraged.

2.8 Some Victims of Obnoxious Press Laws in Nigeria: Emphasis on the Officials

Secrets Act

Here, major focus is on the Official Secrets Act which is a major law constraining

media activity in Nigeria. No doubt, the Official Secrets Act has come to stay as one of

the major hindrances to journalistic practice in Nigeria. It is the only law under which

journalists have been jailed in Nigeria. Buttressing the dangers of the Official Secrets

Act, Ufuophu-Biri (2006:140) warns that:

45

Though the journalist has the duty to inform the

public, he has to watch his steps so that he does not

infringe on the Official Secrets Act. This may raise

controversy in the sense that the government could

be misinterpreted or deliberately involve the act to

prevent a journalist from reporting certain

information which is of public interest and which

may not in any way pose danger to national

security.

Some of the cases of media men, including editors who have fallen victims of the

Official Secrets Act would therefore be x-rayed.

Innocent Adikwu Vs. House of Representatives.

This case involves the House of Representative and Mr. Innocent Adikwu, Editor

of the Punch Newspaper. The House of Representatives had earlier summoned Mr.

Innocent Adikwu, to disclose the source of his information in a story published by the

newspaper that legislators claimed salaries and allowances for fictitious staff.

In delivering this landmark judgment, the presiding judge held that:

The press cannot be required by a legislative body

of the National Assembly or a House of Assembly,

Senate or committee of their body to disclose the

source of the article published by the press which

gave rise to the rote or otherwise except in a grave

and exceptional circumstances which are

justifiable under the constitutional limitations of

fundamental right.

The main issue here is that Mr. Adikwu, who is a professional journalist, knows

the principles of the profession as it concerns revealing sources. So if in upholding that

principle, he is being summoned by the house, then the presiding judge was right in his

ruling. There is no doubt that the house of representatives was hitherto hiding under the

Official Secrets Act in demanding Mr. Adikwu‟s revelation of his source to a story which

was true. Again, judging from the fact that the editor is not an official of the house, who

46

else could have revealed the secret to him if not for an official or insider.

Arrest without Trial of the Insider Weekly Editors

On the 24th

day of November, 2003, state security agents arrested Mr. Osa,

Director, Editor in Chief of the Insider weekly magazine alongside other editors of the

magazine. They were alleged to have published a cover story in the magazine on

purported oil bunkering scandal which the state perceived as a threat to national security.

This illegal arrest and threat to reveal source(s) clearly contravenes section 39

(3a) of the constitution. This is not the first time, state officials acting under the

instruction of some government officials who feel indicted have been sent to harass

journalists. Presently, the Editor in Chief and other editors of the Abuja based Leadership

Newspaper have been dragged to the court by President Yar‟ Adua over allegation of

interfering with his health issue considered personal to the president.

AG Federation Vs. Dele Giwa & Anor

During the General Ibrahim Babangida military Junta in Nigeria, Mr. Dele Giwa,

the editor in chief of the Concord Newspaper was charged to court for breach of the

Official Secrets Act after his refusal to disclose his source of information. He was

however discharged and acquitted on technical grounds otherwise he would have come

under the legal sledge hammer.

The State Vs. Gbenga Aruleba

In 2006, Mr. Gbenga Aruleba, a presenter at the African Independent Television

(AIT) Abuja was arrested by state security operatives and charged to court for treason.

His offence was probing into the purchase of an aircraft for the former president,

Olusegun Obasajo. Instead of the government to release the plane‟s documents showing

47

whether it was new or refurbished as Aruleba alleged, it resorted to arrest and threat. The

government was later pressurized by civil rights organizations and the media to drop the

charge brought on Mr. Aruleba.

Newswatch Magazine Proscription

Newswatch magazine came under the proscription act of former General Ibrahim

Babangida‟s administration on April 6, 1987. For six months, Newswatch magazine was

shut down for allegedly publishing the report on the political Bureau set up by the

administration to tinker a political agenda for the country. The government alleged that

the magazine published the report before the commission set up released a white paper on

the issue.

There is no doubt that the report prior to its release by the panel was still a

government secret document. Unconfirmed report at the time reveled that members of the

political Bureau actually submitted three reports to the Newswatch magazine.

Federal Republic of Nigerian Vs. Tunde Thompson, Nduka Irabor & Guardian

Newspaper ltd.

The dictatorial regime of General Buhari (1983-1985) capitalized on the issue of

“classified matters” as re-enacted under decree 4 of 1984 (Public Officers Protection

Against False Accusations) to detain and subsequently imprison Messrs Tunde

Thompson and Nduka Irabor of The Guardian Newspaper. The newspaper staffs were

alleged to have published the ambassadorial list which the government was yet to make

public. The articles published on the 9th of July edition were with the following

headlines.

“Haruna replaces Hannaniya as UK envoy”

48

“Foreign mission to be closed down”

“8 military Chiefs tipped as ambassadors”

The presiding judge, Justice C. G. Adefarasin went on to pronounce inter alia:

It is unlawful for the plaintiffs to publish any

report or statement which is true but which

brings or is calculated to bring. The federal

military Government or state Government or

public officer to ridicule or disrepute:

Despite two of the reports being found to be true, Messrs Tunde Thompson and

Nduka Irabor were sentenced to one year imprisonment each while The Guardian

Newspaper was fined N50, 000.00. Thus making it a punishable offence for journalists to

publish true facts.

Forceful Disclosure of Source: Target of the Official Secrets Act

The central idea to of the official secrets act is the forceful disclosure of

information sources by government security agents. The reason being to punished not

only press men but also to bring the airing public officials who dares to disclose the

information under the strong arm of the law. However, the demand for the disclosure of

sources is an illegal act which undermines the constitutional provision for confidentiality

of sources.

The rootless demand by the Official Secrets Act to divulge sources of information

are notoriously unconstitutional and thus a violation of the right to confidentiality of

sources. The shield law protects journalist against the pressure to divulge his sources of

information. Section 39 (3a) states that nothing in this section shall invalidate any law

that is reasonably justifiable in a democratic society for the purpose of preventing the

disclosure of information received in confidence.

The court supported the view of confidentiality of sources in Innocent Adikwu

49

vs. House of Representative when it held that:

The press cannot be required by a legislative

body of the National Assembly… to disclose the

sources of the article published by the press…

except in grave and exceptional

circumstances…

2.9 The effect of media laws on media practice in Nigeria

The effect of media laws on Nigerian print media cannot be overemphasized. This

is as a result of the fact that there is no where in the world where the media is absolutely

free as it is said that power corrupts, but absolute power corrupts absolutely. No wonder,

Gordon Brown, the British Prime Minister said recently when he was asked about the

freedom of information that "Freedom of Information can be inconvenient, at times

frustrating and indeed embarrassing for governments. But Freedom of Information is the

right course because government belongs to the people, not the politicians." Again, a

British colonial officer as quoted by Adeseye and Ibagare (1998) as saying that the press

is a dangerous tool in the hands of semi-civilized Negros.

Some of the effect of media laws impinging on the practice of the press in Nigeria

is that of the Seditious Offences Bill of 1909 as promulgated by the British authorities to

control a virile press in Africa during the colonial era. Another is the Official Secret Act.

The Official Secret Act is the greatest obstacle to the press in Nigeria. An Act which

forbids government officials from giving and receiving out certain government

information to the public is inimical to the exercise of freedom of expression and the

press as the law justifies the punishment of government officials and journalists for

honest and truthful publications. The idea of keeping some documents as secret and

meant for the consumption of a few individuals in the country will only end up promoting

50

corruption and making government officials to be above the law as their activities would

not be known by the people whom they profess to work for. It is therefore not a good idea

that in a democratic dispensation such as we have today, only a true and free access to

information can really give a boost and change the image of this country to follow the

way of Uganda, Kenya and others in the world who have taken the lead to grant their

citizens free access to information.

A law which justifies the punishment of journalists for honest and truthful

publication is another way of saying that there should be no press freedom. Such policy

of secret being advanced by the Official Secrete Act runs contrary to investigative

journalism which aims at remedying social ills for societal good. The act is an outright

negligence to the constitutionally recognizable duty of the press to ensuring a responsible

and accountable government interlocked with the people‟s needs and aspirations

2.10 Summary of the chapter

The effect of media laws on Nigerian print media was the focus of this research.

But a look at some issues which tends to make the media to be regulated by certain laws

were seriously considered in this chapter. Some of the issues include National security

and the Invasion of Privacy. But the constitutional position of the press, makes it look

like a snooper dog; looking for scoop here and there. And in the process, a section of the

Nigerian press, has invaded the privacy of some individuals, who are in the public

domain, and these people are even afraid in their closets and bedrooms, because of the

prying eyes of the Nigerian press, as if big brother is watching. Some of the activities of

the press have also undermined national security as journalists in the performance of their

duties have sought to bring down governments whether they are legal or not legal, elected

51

or not elected. Conscious of the fact that respecting the privacy of individuals is both an

ethics and a law guiding the journalism profession, as enshrined in section 37 of the 1999

Constitution. It therefore follows that the Nigerian press will stand on a moral high

ground.

It is my belief that there are more critical and development-oriented issues that

will contribute to the advancement of the country, rather than dwelling on the dark

recesses of private individuals and governments by journalists. I say this rather advisedly,

because the soft-sell section of the Nigerian press is particularly guilty of this act. This

section of the press has contributed unfortunately to making the noble journalism

profession to be seen as “muckrakers”, “yellow” or “junk”, only fit for the trash can. This

phenomenon was quite rare in the 1980s, but the advent of the “tabloidization” of the

press, began in Europe and America, and got to Nigeria around late 1980s, with such

salacious publications like Prime People, Vintage People, Global Excellence, Encomium,

Fame, City People and others. This unjournalistc act tends to make the government to

frustrate the press with obnoxious laws. However, this does not also imply that because a

few section of the press is not doing the right thing, that the government of the day now

have to devise means of clamping on press activities as the government needs the press to

survive and promote its activities.

52

REFERENCES

Abubakar, A. (2002). “Presidential Goodwill Message” in Akinnola R (Ed.) Redefining

Journalism in a Democracy.

Akpan, E. (1988). “Television and National Security” in Akinfeleye R. (Ed)

Contemporary Issues in Mass Media for Development and National Security,

Lagos: Unimedia Publications Ltd.

Baran, S.J. (2004). Introduction to Mass Communication: Media Literacy and Culture

(3rd

ed.) New York: McGraw-Hill Companies.

Ciroma, A. (1995). “Professionalism and the Nigerian Mass Media, in Akinfeleye, R,

Omole, O. & Omang, G. (Eds.) Nigerian Mass Media and National Crises.

Lagos: Nigerian Press Council.

Constitution of the Federal Republic of Nigeria (1999).

Daramola, I. (2006). Legal Limitations to Media Performance. In International Journal of

Communication, No. 5, pp 178 - 192.

Egbon, M. (2001), A Comparative Study of Press Freedom in the American and Nigerian

Media. Zaria: Tamaya Publishing Ltd.

Folarin, B (2005). Theories of Mass Communication: An Introductory Text (3rd

Ed.)

Ibadan: Bakinfol Publications Limited.

Gambo, D. (2006). Press Freedom, Media Ownership and Democracy in the North-

Eastern Nigeria. International Journal of Communication, No. 5, pp 159 – 169.

Gambo, M. (1988). „Mass Media and National Security” in Akinfeleye (ibid) Ibelema, M.

(2003) “The Nigerian Press and June 12: Pressure and Performance During a

Political Crisis”, Journalism Communication Monographs, Vol. 4 (4), Winter

2003

Gana, J. (2002). “Presidential Goodwill Message” in Akinnola, R. (Ed.) Redefining

Journalism in a Democracy. Lagos: NUJ Lagos Publications.

Ibezimako, C.M. (2006). “The Nigerian Press: The Quest for Professionalism”. Nsukka

Journal of Mass Communication. Vol. 2 Pp. 53-62.

Imobighe, I. (2001). cited in Akindele, R.A. and B. Ate, Beyond Conflict Resolution:

Managing African Security in the 21st Century, Ibadan: Vantage Publishers and

NIIA.

53

Ibelema, M. (2003) “The Nigerian Press and June 12: Pressure and Performance During a

Political Crisis”, Journalism Communication Monographs, Vol. 4 (4), Winter

2003

Kunczick, M.C. (1988). Concepts of Journalism: North and South Bonn: Friedrick-Ebert-

Stiftung.

Lasswell, H. (1992). “The Structure of Communication in Society” in Mass

Communication, 2nd Edition, W, Schramm (Ed), Urbana: University of Illinois

Press, 117

Malemi, E. (1999). Mass Media Law: Cases and Materials, Lagos: Grace Publishers Inc.

McQuail, D. (2005). McQuail’s Mass Communication Theory. (5th ed.). London: Sage

Publications.

Merrill, J.C. (1982). “Ethics and Journalism”, in Ethics and the Press: Readings in Mass

Media Morality, New York: Hastings House Publishers. 10-11.

Momoh, T. (2002). Nigerian Media Law and Ethics, Lagos: Efua Media Associates.

Ojobor, U.J. (2002). “Mass Communication Theories”, in Okunna, C.S. (Ed.) Teaching

Mass Communication: A Multi-Dimensional Approach. Enugu: New Generation

Books.

Okoro, N. & Okolie, A.M. (2004). Law, Politics and Mass Media in Nigeria. Nsukka:

Prize Publishers Limited.

Okoro, N. (2004). Constitutional Limitation of Press Freedom in Nigeria: Cases, Indices

and Implications. International Journal of Communication. No. 1, pp. 144 – 151.

Okunna, C. S. (2003). Ethics of Mass Communication. Enugu: New Generation Books.

Onabajo, O. (2004). The Watchdog Role of Journalists in Nascent Democracy. In

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Osibanjo, Y. and Forgan, K. (1991). Nigeria Media Laws. Lagos: Gravitax Publishers.

Tom, F. (2004). The Watchdog Inside a Cage: The Nigerian Press and Censorship Laws.

Ethiope Research Abraka Journal of the Arts, Law and Social Science, Vol. 1 (2),

pp.90-115.

Ufuophu-Biri, E. (2006). The Art of News Reporting. Ibadan: University Press.

Ukonnu, M. (2004). Issues in Nigeria Press Laws versus Press Freedom. In International

Journal of Communication. No. 1, pp. 191 – 206.

Yakubu, A. (1999). Press Law in Nigeria. Ibadan: Demyax Press Ltd.

54

CHAPTER THREE

METHODOLOGY

3.1 Research Design

The researcher was guided by the survey method of research to carry out this

study. This is because the research work borders on “the effect of media laws on Nigerian

Print Media”. Survey research method is a vital means of eliciting information from

respondents, it facilitates the finding. According to Ohaja (2003:10) survey:

Is a study of the characteristics of a sample through

questioning that enables a researcher to make

generalization concerning his population of interest. It is

usually employed in studies of attitudinal and behavioural

trends with the researcher seeking to uncover their

demographic underpinnings.

The method is proved to be the most convenient and effective method of

descriptive studies. In this case, the impact of media laws on the print media. No doubt,

the method will enable the researcher not only to describe the nature, but also, to elicit

responses that will provide the relevant information that will help in correcting these

obnoxious laws.

3.2 Population of Study

The population of the study covers all the staff of Tide, Niger Delta standard, and

Independent Monitor, Newspapers in Port Harcourt, Rivers State. Rivers State is chosen

because the researcher is very conversant with its environment. He is also aware that

Rivers State is one of the biggest states because of their oil production; it is therefore a

commercial centre in the country. Furthermore, the proliferation of private newspapers in

Rivers State, makes Rivers State a good research centre for a study of this nature.

55

3.3 Sample Size

Three hundred respondents will be chosen to obtain a broad response from the

categories of staff selected for the analysis of this research. Three hundred respondents

will be chosen because it enables the researcher to carry out an effective research despite

the limitation to the study like time and financial constraints. Okoro (2001:65) points out

that, it helps us to spend less in terms of time, money, energy and other resources. So

having considered sample size of three hundred, it will help to reduce sampling error.

3.4 Sample Techniques

The random sampling technique was used to obtain a representative sample for

the study. The researcher divided the population into two relevant and significant level

based on their status. A random sample was then drawn from each of the levels of the

status, that is the respondents (High and lower level cadre) were randomly selected in the

chosen organizations, in Rivers State irrespective of their sexes.

The selected respondents include one hundred staff selected from Tide

newspaper, one hundred from Niger Delta Standard, and one hundred from Independent

Monitor, newspapers. This allowed for an even distribution of the research instrument to

the respondents, which in turn give balance to the data collected.

3.5 Research Instrument

The research instrument employed by the researcher in the study was the

questionnaire, which was administered to high and low level staff resident in Port

Harcourt in Rivers State. The questionnaire comprised twenty-seven questions, which

were presented to the respondents in three sections – section A, B, and C. In section A,

56

five questions were on respondents‟ bio-data, like age, sex, education, occupation, and

marital status. Section B are fifteen questions related to the subject matter of enquiry.

While section C, is seven open ended questions of the research topic. The open-ended

question gave the respondents the freedom to air their opinion freely on issue being

researched on.

3.6 Validation of the Instrument

The research instrument will be validated by the research supervisor to ensure that

the instrument is well focused. In addition, this will ensure that the items contained in the

instrument are coherent, sequential, comprehensive and therefore capable of testing what

the study is set out to test.

Similarly, the instrument is presumed to be valid because it will be administered

to different categories of respondents from (high and low cadre staff). Moreover, the

instrument will not be limited to only one variable but will take cognizance of other

variables such as sex, age, education, occupation and marital status.

3.7 Instruments of Data Collection

From the three newspapers the researcher decided to use, the age bracket of the

staff between 20-65 years of both sexes that resides in Port Harcourt environs the treasure

base of the nation.

The researcher will use the age bracket of 20-65 years because they make up the

population of the working force. Thus, the age bracket it taken to be the employment

force of the three newspapers. The researcher chose these categories of the people

because they are media practitioners and are knowledgeable on the influence the laws

57

have caused the print media.

The researcher will administer the questionnaire to the high and low cadre staff of

three newspapers resident in Port Harcourt Rivers State. The research question will be

administered on a one-on-one person basis; thereafter the completed questionnaire will be

collected on spot after administration. This will ensure that the total numbers of

questionnaire administered are nearly retrieved. More importantly, the researcher was

present to answer any oral questions from the respondents and to give guidance on how

the questionnaire should be filled.

58

REFERENCES

Ohaja, E. U. (2003). Mass Communication Research and Project Report Writing.

Surulere-Lagos: John Letterman Ltd.

Okoro M. N and Okolie (2004). Law, Politics and Mass Media in Nigeria. Nsukka: Price

Publishers Ltd.

Okoro, N. (2001). Mass Communication Research Issues and Methodologies. Nsukka:

AP Express Publishers.

59

CHAPTER FOUR

DATA PRESENTATION AND ANALYSIS

4.1 Preamble

The purpose of this chapter is to examine and interpret the data collected and

collated in the field by the researcher. The analysis and interpretation are based on the

questionnaire used for this study.

Tables are used to present the data collected while the data are analysed using

simple percentage. The questionnaire used for this study is enclosed in the appendix.

4.2 Analysis of Respondents’ Biodata

Table I: Breakdown of total Questionnaire Administered and Returned

No. of

Questionnaires

Administered

Percentage

Administered

No. of Quantity

Returned

Percentage

Returned

300 100% 296 99%

Source: Field Survey, 2009.

Three hundred questionnaires were administered to different respondents, that is,

journalist in the sampled stations in Portharcourt, south-south geo-political zone of

Nigeria.

Out of the three hundred questionnaires, two hundred and ninety six (296) were

successfully retrieved and answered correctly while four (4) could not be retrieved

despite all efforts made by the researcher.

60

TABLE I1: Respondents Sex Distribution

Gender Number of Respondents Percentage %

Male 167 58.39

Female 129 41.60

Total 296 100%

Sources: field survey 2009.

The above data shows that one hundred and sixty-seven (167) respondents were

male; this represents 58.39 percent of the sample size while the remaining one hundred

and twenty nineteen (129) respondents were female and this represents 41.60 percent of

sample size.

TABLE III: Respondents Age Distribution

Age No of Respondents Percentage

20-30 39 13.64

31-40 128 44.76

41-50 79 27.62

51-60 22 7.69

61 and above 18 6.29

Total 296 100

Sources: field survey 2009

Thirty-nine (39) respondents were within the age of 20 – 30 years which

represents 13.64 percent of the sample. One hundred and twenty eight (128) respondents

fell under the age category of 31 – 40 years which points to 44.76 percent of the sample

size. Respondents whose age ranges were between 41 – 50 years was seventy – nine (79),

61

corresponding to 27.62 percent of the sample size. As for age bracket of 51 – 60, the

numbers of respondent were twenty –two (22) or 7.69 percent of the population.

Respondents between the age of 61 and above were eighteen (18), representing 6.29

percent of total number of respondents.

TABLE IV: Respondents Educational Qualification

Qualification No of Respondents Percentage

FSCL 6 2.10

SSCE/WASC 20 6.99

Diploma 47 16.43

BSc/BA 159 55.60

Masters Degree 54 18.88

PhD 0 0

Total 296 100%

Source: field survey 2009

From the table above, respondents who have first school leaving certificate were

six (6) or 2.10 percent of the sample size. Twenty (20) respondents had WASC/SSCE

representing 6.99 percent. Holders of diploma were forty–seven (47) representing 16.43

percent of the universe. BSc/BA holders were one hundred and fifty –nine (159)

respondents representing 55.60 percent, fifty –four (54) respondents were masters‟ degree

holders and they correspond to 18.88 percent of the sample size. While none of the

respondent is a PhD holder.

62

TABLE V: Respondents Marital Status

Status No of Respondents Percentage

Married 257 89.9

Single 29 10.1

Total 296 100

Source: field survey 2009

Two hundred and fifty–seven (257) respondents representing 89.9 percent were married

while twenty nine (29) which represents 10.1 percent were single.

TABLE VI: Respondents Media Organizations

Media org. No of response Percentage

Tide 186 63

Niger Delta Standard 67 23

Independent monitor 33 11

TOTAL 296 100%

Source: field survey 2009

One hundred and eighty-six (186) respondents which represents 63 percent of the

population are staff of Tide newspaper. The large population is as a result of the fact that

the newspaper belongs to the government and this explains the tendency to have more

staffs under it. 67 (23%) respondents work with chronicles and this represents 23 percent

of the sample size. Pioneer has 33 respondents and it represents 11 percent of the entire

population of the study.

63

TABLE VII: Respondents Designation

Designation No of Response Percentage

Editor 17 6

Proof reader 40 14

Reporter 143 48

Photo-journalist 57 19

Graphic artist 23 8

Cartoonist 16 5

Total 296 100

Source: field survey 2009

The data above shows that respondents in the editors cadre were seventeen (17) in

number which is equal to six percent of the entire sample size. Proof readers who

responded to the questionnaire were forty (40) representing 14 percent. Reporters were

one hundred and forty-three (143) respondents. This represents 48 percent of the

population. Photojournalists represent 19 percent as fifty-seven (57) responded to the

questionnaire. Graphic artists were twenty-three (23), representing 8 percent while

cartoonists were sixteen (16) which represents 5 percent of the entire respondents.

64

4.3 PRESENTATION AND ANALYSIS OF DATA COLLECTED

Table VIII: Respondents familiarity with the laws guiding journalistic practice

Category of Response Frequency of Response Percentage of Response

Yes 296 100%

No - -

Cant Say - -

Total 296 100%

Source: Field survey 2009

The table above indicates that the entire sampled respondents (296 or 100%)

agreed that they are aware or familiar with the different laws guiding their practice as

journalists.

Table VIX: How would you describe these laws guiding the practice of journalism?

Category of Response Frequency of Response Percentage of Response

Very Essential 89 30%

Not Essential 19 6%

Normal 188 64%

Total 296 100%

Source: Field survey 2009

From the table above, it can be observed that majority of the respondents‟ view

the various laws guiding the practice of journalism in Nigeria as normal. This is attested

to by the responses of 188 respondents or 64% of the entire sampled respondents.

From this, one can infer that press laws are essential part of the profession and

65

that the profession may not be better without certain laws.

Table X: Do your proprietor(s) make other laws to control your activities?

Category of Responses Frequency of Response Percentage of Response

Yes 207 70%

No 73 25%

Cant Say 17 5%

Total 296 100%

Source: Field survey 2009

This table indicates that majority of the respondents agree that their proprietors

make extra laws to guide their practice as journalists. This was the response of 207

respondents representing 70% of the entire sampled respondents. Following this is the

response of 73 respondents or 25% of the entire sampled respondents who indicated that

their owners do not make extra laws to regulate their practice. 73 respondents or 25% of

the entire sampled respondents attested to this view. Lastly, 17 respondents or 5% of the

entire sampled respondents abstained from the question as they indicated that they can‟t

say.

66

Table XI: If yes, how would you describe those laws?

New Media Advertising

Channels

Frequency of Response Percentage of Response

Not Necessary 49 24

Normal 77 26

Obnoxious 81 27

Total 207 100%

Source: Field survey 2009

The table above indicates that eighty-one (81) respondents representing 27% of

the respondents described the extra laws made by their owners as obnoxious. This was

followed by the response from seventy-seven respondents who described it as normal.

However, 49 respondents representing 24% of the entire sampled respondents viewed the

extra laws made by their proprietors as not necessary.

Note: the answer to the response above was calculated over 207 because only 207 respondents indicated

yes as their option in the preceding question on table VII.

Table XII: Do you consider Press laws when carrying out your official functions?

Categories of Response Frequency of Responses Percentage of Response

Yes 267 90%

No - 0%

Cant Say 29 10%

Total 296 100%

Source: Field survey 2009

67

From the presentations above, it could be clearly seen that majority of the

respondents (267 or 90% of the entire sampled respondents indicated that they do

consider press laws while carrying out their duties as journalists at all times. This is

followed by 29 respondents or 10% of the sampled respondents who indicated that they

can‟t say.

Table XIII: How do these laws affect your duties?

Responses Frequency of

Response

Percentage of

Response

Kills the moral of the journalist 77 26%

Make the journalist a sycophant 29 10%

Reduces the moral standard of journalism 81 27%

Encourages yellow journalism 44 15%

All of the above 65 22%

Total 296 100%

Source: Field survey 2009

Table XIII shows that majority of the respondents (81 out of the 296) were of the view

that the media laws reduces the moral standard of journalists. This is followed by the

responses of seventy-seven or 26% of the entire sampled respondents. Next is the

response of 65 respondents or 22% who indicated that the press laws Kills the moral of

the journalist, Make the journalist a sycophant, Reduces the moral standard of journalism

as well as Encourages yellow journalism. Forty-four respondents however agreed that the

68

press laws encourage yellow journalism while 29 respondents or 10% of the entire

sampled respondents indicated that the laws make the journalist a sycophant.

Table XIV: Do press laws bring about objectivity in journalism?

Category of Response Frequency of Response Percentage of Response

Yes 290 98

No - -

Cant Say 6 2

Total 296 100%

Source: Field survey 2009

Table XIV shows that 98 respondents out of 296 with 98% were of the view that

press laws bring about objectivity in the practice of journalism. This once again reiterates

the view earlier stated that press laws are very essential in the profession. However, six

out of the 296 sampled respondents, representing 2% of the entire sampled respondents

indicated that they could not say whether press laws are an arbiter to objectivity in

journalism.

69

Table XV: Do your editors encourage breaking laws to get information?

Category of Response Frequency of Response Percentage of Response

Yes and if necessary 47 16

Not at all 182 61

Cant say 67 23

Total 296 100%

Source: Field survey 2009

It could be observed from table XV that 182 or 61% of the respondents disagreed

that their editors encourage them to break laws in the process of getting information. This

is closely followed by the responses of 67 respondents or 23% of the entire sampled

respondents who indicated that they cannot say. However, 47 of the respondents or 16%

of the entire sampled respondents agreed that they are encouraged to break the laws when

necessary in getting information.

Table XVI: What do you consider as a responsible press?

Category of Response Frequency of

Response

Percentage of

Response

A press that obeys laws 167 56

A press that fights the govt. 15 5

A press that exposes the ills of individuals 44 15

A press that is not regulated at all 57 19

Others 13 5

Total 296 100%

Source: Field survey 2009

70

As shown in table XVI above, it becomes obvious that a responsible press is that

which obeys laws. This is the response of majority of the respondents (167 or 56%).

Following this is the response of 57 respondents or 19% of the sampled respondents who

indicated that a responsible press is a press that is not regulated at all. Next is the

response of 44 respondents or 15% of the sampled respondents who indicated that a

responsible press is that which exposes the ills of individuals. While 15 respondents or

5% of the entire respondents agreed that a responsible press is that which fights the

government.

Other answers given by 13 respondents or 4% of the respondents include;

1. A press that is public oriented

2. A press that pursues objectivity

3. A press that gives hearing to all parties involved in a case

4. A press that respects the privacy of individuals

Table XVII: Does your editor kill stories for fear of press laws

Category of Response

Frequency of

Response

Percentage of Response

Yes 166 56%

No 108 36%

Cant say 22 8%

Total 296 100%

Source: Field survey 2009

Table XVII shows that 166 out of the 296 respondents were of the view that their

editors kill certain stories for the fear of certain press laws governing the practice of

71

journalism in Nigeria. This is followed by the view 108 respondents or 36% of the

respondents who indicated that their editors do not kill stories for the fear of certain press

laws. Twenty-two respondents or 8% of the entire sampled respondents indicated that

they cannot say.

Table XVIII: Which do you consider more dangerous to journalism practice in

Nigeria?

Category of Response Frequency of Response Percentage of Response

Press laws 97 33%

Government/political interference 145 49%

Ownership influence 54 18%

Total 296 100%

Source: Field survey 2009

The data presented in table XVIII shows that 97 out of the 296 respondents or

33% of the entire respondents are of the view that the press laws are the greatest danger

to the practice of journalism in Nigeria. Following this, are the views of 145 respondents

or 49% of the entire sampled respondents who indicated that government/political

interference are the greatest obstacle to the practice of journalism in Nigeria. The

remaining 54respondents or 18% of the entire respondents however stated that the

challenges posed by ownership are the greatest and most dangerous challenge to

journalism practice in Nigeria.

72

Table XIX: Do you think that press laws are made to victimize journalists?

Category of Response Frequency of Response Percentage of Response

Yes 119 40%

No 128 43%

Cant say 49 17%

Total 296 100%

Source: Field survey 2009

Out of the 296 respondents 119 with a percentage of 40% claimed that the various

press laws in the country are made to victimise the journalist. One hundred and twenty-

eight respondents or 43% of the entire sampled respondents disagreed by indicating that

the laws are not made to victimise the Nigerian journalists in the cause of performing

their duties. However, 49 respondents or 17% of the respondents were indecisive as they

indicated that they cannot say.

Table XX: In your opinion, who do you think should make law for the press?

Category of Response Frequency of Response Percentage of Response

Media owners 30 10

Government 19 7

Nigerian Union of Journalist (NUJ) 28 9

Nigerian Press Council 221 75

Total 296 100

Source: Field survey 2009

Data from the table above indicates that majority of the respondents agreed that

laws to regulate press activities in the country should be made by the Nigeria Press

73

Council. This is indicated by the responses of 221 respondents or 75% of the sampled

respondents. The table also reveals that 30 respondents or 10% of the respondents agreed

that the laws governing journalism practice in Nigeria should be made by the media

owners while 28 respondents or 9% of the respondents agreed that the laws should be

made by the Nigeria Union of Journalists. However, 19 respondents or 7% of the

respondents are of the view that the laws should be made by the government.

Table XXI: How would you describe a law like the officials secrets act?

Category of Response Frequency of Response Total Percentage

Normal 34 11

Abnormal 111 38

Reclusive 73 25

Dangerous 78 26

All of the above 0 0

Total 296 100%

Source: Field survey 2009

The above presentation of data (table XXI) shows the view of the respondents

concerning the Official Secrets Act. The table reveals that majority of the respondents

(111 or 38%) agreed that the Official Secrets act is abnormal. 78 respondents or 26% of

the sampled respondents believes that the act is dangerous. 73 respondents representing

25% of the sampled respondents described the act as reclusive. However, the remaining

34 respondents or 11% of the entire respondents are of the view that the act is normal.

74

Table XXII: Do you think that the removal of press laws made by the government

would make the press irresponsible?

Category of Response Frequency of Response Percentage of Response

Yes 34 11

No 262 89

Cant Say 0 0

Total 296 100%

Source: Field survey 2009

On the issue of the removal of press laws made by the government and its

possibility of making the press irresponsible, Table XXII presents the views of the

respondents. Majority of the respondents (262 or 89% of the entire sampled respondents

indicated that the removal will not in any way make the press irresponsible. However, 34

respondents or 11% of the sampled respondents agreed that it will certainly give way to

an irresponsible press in Nigeria.

Table XXIII: What do you think should be done to the present press laws in

Nigeria?

Category of Response Frequency of Response Percentage of Response

Abrogated 127 43

Amended 154 53

Suspended 12 4

Allow to Remain 0 0

Total 296 100

Source: Field survey 2009

75

The table above bothers on what should become of the present press laws in

Nigeria. The table above indicates that majority of the respondents 154 or 53% of the

sampled respondents are of the view that the present laws should be amended. This view

is closely followed by that of 127 respondents or 43% of the entire sampled respondents

who opined that the laws should be abrogated. However, 12 respondents or 4% of the

entire sampled respondents share the view that the laws should be suspended.

Table XXIV: What do you think about the Nigerian constitution’s provisions on the

press?

Category of Response Frequency of Response Percentage of Response

Fair 43 15

Contradictory 152 51

Weak 83 28

Cant Say 18 6

Total 296 100%

Source: Field survey 2009

The Nigerian constitutional provision on the press obviously is contradictory as

majority of the respondents sampled indicated that the constitutional provision on the

press contradicts itself. This was attested to by 152 of the respondents representing 51%

of the entire sampled respondents. In the same vein, 83 respondents or 28% of the total

sampled respondents noted that the constitutional provision is weak. 43 respondents or

76

15% of the sampled respondents indicated that the provision is fair while the remaining

18 respondents representing 6% of the entire sampled respondents abstained.

4.4 DISCUSSION OF FINDINGS

(ANSWERS TO RESEARCH QUESTIONS)

The effect of media laws on the Nigeria media cannot be overemphasized. This is

as a result of the effect of these laws on the practice of the media over the years.

Numerous reasons are adduced for the promulgation and enactment of various laws and

decree which are meant to regulate and checkmate the affairs of the media in the country.

However, this study focused on the effect of media laws on Nigeria print media

with a study on three newspapers in Port Harcourt, Rivers State.

From the questionnaire used to carry out this study, the research questions posed are

answered below as well as discussion of findings.

Research Question 1: “What effect have Nigerian laws made on the print media that

do not give room for journalists to carry out their work

effectively?

Table XIII and Table XVII answers this research question.

Table XIII shows that majority of the respondents (81 out of the

296) were of the view that the media laws reduces the moral

standard of journalists. This is followed by the responses of

seventy-seven or 26% of the entire sampled respondents. Next is

the response of 65 respondents or 22% who indicated that the

press laws Kills the moral of the journalist, Make the journalist a

sycophant, Reduces the moral standard of journalism as well as

77

Encourages yellow journalism. Forty-four respondents however

agreed that the press laws encourage yellow journalism while 29

respondents or 10% of the entire sampled respondents indicated

that the laws make the journalist a sycophant.

However, table XVII shows that 166 out of the 296 respondents

were of the view that their editors kill certain stories for the fear of

certain press laws governing the practice of journalism in Nigeria.

This is followed by the view 108 respondents or 36% of the

respondents who indicated that their editors do not kill stories for

the fear of certain press laws. Twenty-two respondents or 8% of

the entire sampled respondents indicated that they cannot say. The

result of this points to the act that these media laws have adverse

effects on the practice of journalism in Nigeria, and this obviously

shows that media laws have great effect on Nigerian journalists

especially on the print media and this does not give room for

journalists to carry out their work effectively

Research Question 2: “In which ways do these laws· affect the journalistic profession

and the work of the press?”

The answer to this research question lies in table XIII shows that

majority of the respondents (81 out of the 296) were of the view

that the media laws reduces the moral standard of journalists. This

is followed by the responses of seventy-seven or 26% of the entire

sampled respondents. Next is the response of 65 respondents or

78

22% who indicated that the press laws Kills the moral of the

journalist, Make the journalist a sycophant, Reduces the moral

standard of journalism as well as Encourages yellow journalism.

Forty-four respondents however agreed that the press laws

encourage yellow journalism while 29 respondents or 10% of the

entire sampled respondents indicated that the laws make the

journalist a sycophant.

Research Question 3: “In which ways do these laws affect the objectivity of the work

of the journalist and to a large extent the print media?”

Table XIII above provides answer to this research question. Data

from the table shows that majority of the respondents (81 out of the

296) were of the view that the media laws reduces the moral

standard of journalists. This is followed by the responses of

seventy-seven or 26% of the entire sampled respondents. Next is

the response of 65 respondents or 22% who indicated that the press

laws Kills the moral of the journalist, Make the journalist a

sycophant, Reduces the moral standard of journalism as well as

Encourages yellow journalism. Forty-four respondents however

agreed that the press laws encourage yellow journalism while 29

respondents or 10% of the entire sampled respondents indicated

that the laws make the journalist a sycophant. The resultant effects

of these press laws on the Nigerian Journalist as well as the

practice of journalism is unprecedented as all the respondents

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claimed that it affects the negatively in one way or the other.

Research Question 4: “What can be done to correct these obnoxious laws?”

The table XXIII above provides the answer to this research

question. On the issue of what should become of the present press

laws in Nigeria. The table indicates that majority of the

respondents 154 or 53% of the sampled respondents are of the

view that the present laws should be amended. This view is closely

followed by that of 127 respondents or 43% of the entire sampled

respondents who opined that the laws should be abrogated.

However, 12 respondents or 4% of the entire sampled respondents

share the view that the laws should be suspended.

This view are aptly supported by the respondents views on the

issue of the removal of press laws made by the government and its

possibility of making the press irresponsible as presented on table

XXII. Majority of the respondents (262 or 89% of the entire

sampled respondents indicated that the removal will not in any way

make the press irresponsible. However, 34 respondents or 11% of

the sampled respondents agreed that it will certainly give way to an

irresponsible press in Nigeria.

Other findings showed that:

The Nigerian constitutional provision on the press obviously is contradictory and

therefore needs urgent amendment.

80

The official secrets act remains a major problem to the practice of journalism in

Nigeria.

Arising from the above findings, one can rightly state that the Nigerian press is a

viable one and does not need certain obnoxious laws to be unnecessarily tamed. Instead,

those who seek to tame the media should change their orientation as they need the media

to partner with them in every developmental process.

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CHAPTER FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1 PREAMBLE

The highlight of this research is hereby presented by way of a summary from

which a conclusion was drawn. In addition, a preferential package of recommendations

would be given based on the findings revealed in this study.

5.2 SUMMARY OF FINDINGS

The study was directed at finding out the effect of media laws on Nigeria print

media with a study on three newspapers in Port Harcourt, Rivers State. Thus, related

literatures were reviewed as well as questionnaire administered. Arising from all these, it

was revealed that media laws have a great effect on the Nigerian press and this was found

to be affecting the press in diverse ways.

The methodology used for this study was the research survey method. It was

designed to enable the researcher discover how media laws affect the print industry in

Nigeria. Three hundred copies of questionnaire were used in this study and it was

designed in a manner that elicited answers to research questions.

Thus, the research questions posed were all answered and data collected and

analysed with the use of tables.

5.3 CONCLUSION

The press can be defined as an establishment for printing and publishing of books,

magazine, Newspapers, etc. It can also be defined as the personnel of an establishment

82

for printing of books newspapers, periodicals. Press law is a set of rules that exists in

human society for regulating the conduct of pressmen, resolving conflicts and avoiding

confrontations.

The Nigerian print media are faced with constitutional and political constraints

which therefore are negatively affecting the performance of the mass media in Nigeria as

government and media owners have consistently made obnoxious laws and manipulated

them to their personal aggrandisement.

The role of the media in the education and dissemination of information cannot be

overemphasized, thus, this study after thorough research, critically came to the

conclusion that the media in Nigeria needs to be given a second look with a view to

improving its present performance and credibility.

The researcher concludes that such effect of media laws on the Nigerian press as

being witnessed today constraints suffered by the media organizations under study are not

peculiar to them alone as this is the fate of media organisations in Nigeria be it private or

government owned.

In addition, the researcher concluded that there are media organisations and

owners who do not encourage or motivate their staff enough to perform their duties as

they often make certain laws in addition to the existing ones which are already

compounding the job of journalists. The latter are the problems of overbearing political

effect on the media to satisfy the political interest of their proprietors and their associates,

as well as making the media to turn into the mouthpiece of a few individuals in the

society.

83

5.4 RECOMMENDATIONS

No doubt, a research involves an investigation geared towards increasing

knowledge and providing ideas to solve problems. From this information, coupled with

an enthusiastic desire to ensure confirmatory evidence on this study, particularly in the

aspect of achieving a greater feeling of certainty for likely purpose of making

generalisation in the future; the researcher, therefore, consider it fit and essential to make

some useful recommendations:

Arising from the research findings, the researcher wishes to make the following

recommendations.

1 Government should stop unnecessary and undue interference in the media.

2 Unnecessary Censorship in the form of media laws or decrees should be

discouraged by the media owners and government and when it is inevitable, it

should be left for the media professionals to determine.

3 Objectivity and fairness should be the watch word of the Nigerian press in order

to retain readership and even improve on their market share.

4 Media men should be properly motivated and encouraged to perform their public

service duties to the people of Nigeria and must not be gagged with any

obnoxious law.

5 Well articulated editorial policies capable of placing the Nigerian press in the

same pedestal as their counterparts in other developed and developing nations

should be adopted and maintained in order to give the Nigerian Press a sense of

direction.

84

6 Press and media organisations should be encouraged to perform their duties

ultimately and protect journalists who are often the targets or certain repressive

governments

5.5 SUGGESTIONS FOR FURTHER RESEARCH

The researcher suggests that a research should be carried out in the following

topics:

1 The effect of ownership on the Nigerian Print media a look at the

government media organisations.

An analytical study on the regionalisation of the Nigerian print sector. The

way forward.

Furthermore, the researcher suggests that others wishing to carry out a study

related to this research work have to improve upon this work. However, it should be a

different sample size, preferably, a larger one with a different demography not covered in

this work.

85

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Appendix

Department of Mass Communication,

Faculty of Arts,

University of Nigeria.

Nsukka.

November 2008.

Dear Respondent,

REQUEST FOR COMPLETION OF QUESTIONNAIRE

I am a postgraduate student of the Department of Mass Communication,

University of Nigeria, Nsukka. I am conducting a research on the topic: the effect of

media laws on Nigeria print media: a study of three newspapers in Port Harcourt, Rivers

State.

The research is an academic study in fulfillment of the requirements for the award

of a Master Degree of Arts in Mass Communication.

I shall be grateful if you can complete the attached questionnaire for me. Your

anonymity is guaranteed as the information will be treated in utmost secrecy.

Thanks in anticipation of your cooperation and understanding.

Sider N. Nwokegi

(Researcher)

89

QUESTIONNAIRE

INSTRUCTION: Please tick ( ) against your response(s) in the space provided.

SECTION A: DEMOGRAPHIC DATA

1. Age of Respondents

a. 25 – 30 Yrs

b. 31 – 35 Yrs

c. 36 – 45 Yrs

d. 46 and above

2. Sex of Respondents

a. Male

b. Female

3. Marital Status of Respondents

a. Single

b. Married

c. Divorced

4. Respondents Years of Service

a. 1 – 5 Years

b. 6 – 10 Years

c. 11 – 15 Years

d. 16 – 20 Years

e. 21 -25 Years

f. 25 and above

5. Designation

a. Editor

b. Reporter

c. Proof Reader

SECTION B: PSYCHOGRAPHIC DATA

6. Are you aware of the laws guiding your practice as a journalist?

a. Yes

90

b. No

c. Can‟t Say

7. How would you describe those laws guiding the practice of journalism

a. Very essential

b. Not essential

c. Just normal

8. Please give reason(s) for your option ____________________________________

__________________________________________________________________

__________________________________________________________________

9. Do your proprietor(s) make other laws to control your activities?

a. Yes

b. No

c. Can‟t Say

10. If yes, how would you describe those laws?

a. Not Necessary

b. Not normal

c. Obnoxious

11. Do you consider Press laws when carrying out your official functions?

a. Yes

b. No

c. Cant Say

12. How do these laws affect your duties?

a. Kills the moral of the journalist

b. Make the journalist a sycophant

c. Reduces the moral standard of journalism

d. Encourages yellow journalism

e. All of the above

13. Do press laws bring about objectivity in journalism?

a. Yes

b. No

c. Cant Say

91

14. What is your view on invasion of privacy? _______________________________

__________________________________________________________________

__________________________________________________________________

15. Do your editors encourage breaking laws to get information?

a. Yes and if necessary

b. Not at all

c. Cant Say

16. What do you consider a responsible press?

a. A press that obeys laws

b. A press that fights the government

c. A press that exposes the ills of private individuals

d. A press that is not regulated

e. Others. Please state. ______________________________________________

_______________________________________________________________

_______________________________________________________________

17. Does your editor kill stories for fear of press laws

a. Yes

b. No

c. Cant Say

18. Which do you consider dangerous to journalism practice?

a. Press laws

b. Government/political interference

c. Ownership influence

19. Do you think that press laws are meant to victimize journalists?

a. Yes

b. No.

c. Cant Say

20. In your opinion, who do you think should make laws for the press

a. Media owners

b. Government

c. Nigerian Union of Journalists (NUJ)

92

d. Nigerian Press Council

21. Briefly explain your choice of answer ___________________________________

__________________________________________________________________

__________________________________________________________________

22. How would you describe a law like the officials secrets act?

a. Normal

b. Abnormal

c. Reclusive

d. Dangerous

e. All of the above

23. Please state reason(s) for your choice ___________________________________

__________________________________________________________________

_________________________________________________________________

24. Do you think that the removal of press laws made by the government would make

the press irresponsible?

a. Yes

b. No

c. Cant Say

25. What do you think should be done to the present press laws in Nigeria?

a. Abrogated

b. Amended

c. Suspended

d. Allow to remain

26. What do you think about the Nigerian constitution‟s provisions on the press?

a. Fair

b. Contradictory

c. Weak

d. Cant say

27. Please suggest ways of guaranteeing freedom of the press in Nigeria __________

__________________________________________________________________

_________________________________________________________________