MEDIA LAW

There have been a lot of controversies surrounding the subject of the press in the light of the provision of the Nigerian constitution which grants freedom expression to all, the right of the media to publish without the influence of an outsider because it is the right of the people to be adequately informed.

From time immemorial there has always been a fight between the press and the government, the government trying to control what comes out on the pages of newspapers, television, radios to mention a few.

A number of legislations affect media freedom. i.e. The protection of information Acts of 1982 which protects the secret states in formations. This is equivalent to the Nigerian notion of ‘official privilege’ under section 166 OF Evidence Act, Section 3, 13, 14 and 22 Newspaper Act cap 291 which provides that the publication of the name of the publishers at the end foot of every page of the newspaper must be strictly adhered to which is in consonance with section 45 of the 1999 CFRN.

There is provision for far reaching criminal responsibility in Section 22 of the News paper Act which states that….any person who authorizes for publication ,publishes, reproduce or circulates for sale in a newspaper any statement ,rumor or circulates for sale shall be guilty of an offence and liable on conviction to a fine.

 Section 39 of the 1999 Constitution FRN provides the right to freedom of expression and the press as well as receive information, anticipates that there would be a radical appraisal of what section 45(3a)of the constitution provides, can be justifiable in a democratic society to allow.

Notably the press is a forum for expostulation and reply, thus there is some privilege afforded to reply to press attack, thus defamatory statement made in answering attack of character or conduct in press is prima facie privileged. GATELY ON LIBEL AND SLANDER 6^TH EDITON  

Article 162(2-5) constitution of the Republic of Ghana 1992,rulesout censorship, impediment to the establishment of press or media, control or interference or penalization of  editors, publishers of newspapers, journals or media or communication or information. This same constitution enjoins all agencies of the media to uphold the principles responsibility and accountability of the Government to the people of Ghana and the obligation to publish or rejoinder. 

Notably the international code of Ethics (The international principles of professional Ethics in Journalism) is based on the people’s right to true information, the journalist’s dedication to objective reality, the journalist’s social responsibility, the journalist’s professional integrity, public access and representation, respect to privacy ,human dignity, respect for public interest.

The court in several decided cases states that it is in the interest of justice and fair play that media houses should be given the freedom of expression which should entail the freedom to criticize, In CONCRD V. AG FEDERATON; PUNCH V. AG FEDERATION in both cases the court states that closure of newspapers premises in order to silence a newspaper was declared contrary to the provision of the constitution.

Please note that this right does not extend to anyone in case of sedition or treason , in ALHAJI ASARI V. FEDERAL REPUBLIC OF NIGERIA where a statement was made threatening to see to the dissolution of Nigeria, this was considered as endangering national security.

 Notably, no country permits completely free speech, freedom of expression limited by prohibition against libel, defamation, judicial or parliamentary privilege.

Thomas Jefferson 1829 said ‘The surest signs of a healthy society are open and free debates. We must be able to agree to disagree,in a democracy protecting the right of your adversaries is as important as protecting the rights of our advocates.

Thank you.

Oyenike Alliyu-Adebiyi LLB (hons)BL