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
A THESIS SUBMITTED TO THE DEPARTMENT OF MASS COMMUNICATION,
FACULTY OF ARTS, UNIVERSITY OF NIGERIA NSUKKA
Mass Communication
UNIVERSITY OF NIGERIA
2009
Webmaster
1
Digitally Signed by Webmaster‟s Name
DN : CN = Webmaster‟s name O= University of Nigeria, Nsukka
OU = Innovation Centre
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
2
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
3
DEDICATION
Dedicated to God Almighty for his guidance
and provisions, to my father.
4
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
5
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?
6
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?
7
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
8
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
..
..
..33
..
the official Secrets Act
..
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
3.4
Sampling Procedure
3.5
..
..
..
..
..
..
..
..
..
..
.. 44
..
..
..
..
..
..
..
.. 44
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
9
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
10
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.
11
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.
12
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
13
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
14
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
15
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
16
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
17
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)
1.4
To determine what can be done to correct these obnoxious laws.
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.
18
 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.
1.6
What can be done to correct these obnoxious laws?
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
19
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
20
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
21
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.
22
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.
23
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
24
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
25
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
26
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
27
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
28
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.
29
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.
30
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
31
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
32
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
33
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
34
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
35
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
36
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
37
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 selfpreservation. 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
38
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
39
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
40
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 selfregulation, 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).
41
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 selfregulating 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
42
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
43
…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:
44
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
45
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
46
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”
47
“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
48
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
49
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
50
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.
51
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 NorthEastern 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.
52
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-EbertStiftung.
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
International Journal of Communication. No. 1, pp. 15 – 22.
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.
53
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.
54
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,
55
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
56
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.
57
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.
58
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
Percentage
No. of Quantity
Percentage
Questionnaires
Administered
Returned
Returned
100%
296
99%
Administered
300
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.
59
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),
60
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.
61
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.
62
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.
63
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
-
-
296
100%
Total
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
64
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.
65
Table XI: If yes, how would you describe those laws?
New Media Advertising
Frequency of Response
Percentage of Response
Not Necessary
49
24
Normal
77
26
Obnoxious
81
27
Total
207
100%
Channels
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
66
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
Percentage of
Response
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
67
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
296
100%
Total
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.
68
Table XV: Do your editors encourage breaking laws to get information?
Category of Response
Frequency of Response
Percentage of Response
47
16
Not at all
182
61
Cant say
67
23
Total
296
100%
Yes and if necessary
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
Percentage of
Response
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
69
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
Percentage of Response
Frequency 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
70
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.
71
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 twentyeight 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
72
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
296
100%
Total
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.
73
Table XXII: Do you think that the removal of press laws made by the government
would make the press irresponsible?
Frequency of Response
Percentage of Response
34
11
262
89
0
0
296
100%
Category of Response
Yes
No
Cant Say
Total
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?
Frequency of Response
Percentage of Response
127
43
154
12
0
296
53
4
0
100
Category of Response
Abrogated
Amended
Suspended
Allow to Remain
Total
Source: Field survey 2009
74
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?
Frequency of Response
Percentage of Response
43
15
Contradictory
152
51
Weak
83
28
Cant Say
18
6
Total
296
100%
Category of Response
Fair
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
75
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
76
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
77
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
78
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.
79

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.
80
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
81
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.
82
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.
83
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.
84
Bibliography
Books
Akinfeleye, R. and Okoye, I. (2003). Issues in Nigerian Media History: 1900 – 2000 AD.
Malthouse Press ltd. Lagos Victoria Island.
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. (2007). Introduction to Mass Communication: Media Literacy and Culture
(4th 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.
Egbon, M. (2001), A Comparative Study of Press Freedom in the American and Nigerian
Media. Zaria: Tamaya Publishing Ltd.
Ewelukwa, B. N. (2004). Introduction to Nigerian Press Law. Maranatha Press Ltd.
Okpara Avenue, Enugu-Nigeria.
Folarin, B (2005). Theories of Mass Communication: An Introductory Text (3rd Ed.)
Ibadan: Bakinfol Publications Limited.
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.
Kunczick, M.C. (1988). Concepts of Journalism: North and South Bonn: Friedrick-EbertStiftung.
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.
85
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.
Momoh, T. (2002). Nigerian Media Law and Ethics, Lagos: Efua Media Associates.
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, N. & Okolie, A.M. (2004). Law, Politics and Mass Media in Nigeria. Nsukka:
Prize Publishers Limited.
Okunna, C. S. (2003). Ethics of Mass Communication. Enugu: New Generation Books.
Osibanjo, Y. and Forgan, K. (1991). Nigeria Media Laws. Lagos: Gravitax Publishers.
Tom Welsh, W. G. (1985). Essential Law for Journalists Ashford Composition Ltd.
Great Britain.
Udeajah, R.A. (2004). Broadcasting and Politics in Nigeria 1963-2003. Enugu: Snnap
press.
Ufuophu-Biri, E. (2006). The Art of News Reporting. Ibadan: University Press.
Yakubu, A. (1999). Press Law in Nigeria. Ibadan: Demyax Press Ltd.
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.
Journals
Abubakar, A. (2002). Presidential Goodwill Message. in Akinnola R (Ed.) Redefining
Journalism in a Democracy.
Daramola, I. (2006). Legal Limitations to Media Performance. In International Journal of
Communication, No. 5, pp 178 - 192.
Gambo, D. (2006). Press Freedom, Media Ownership and Democracy in the NorthEastern Nigeria. International Journal of Communication, No. 5, pp 159 – 169.
86
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.
Ibelema, M. (2003) “The Nigerian Press and June 12: Pressure and Performance During a
Political Crisis”, Journalism Communication Monographs, Vol. 4 (4), Winter
2003.
Ibezimako, C.M. (2006). “The Nigerian Press: The Quest for Professionalism”. Nsukka
Journal of Mass Communication. Vol. 2 Pp. 53-62.
Okoro, N. (2004). Constitutional Limitation of Press Freedom in Nigeria: Cases, Indices
and Implications. International Journal of Communication. No. 1, pp. 144 – 151.
Onabajo, O. (2004). The Watchdog Role of Journalists in Nascent Democracy. In
International Journal of Communication. No. 1, pp. 15 – 22.
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.
Ukonnu, M. (2004). Issues in Nigeria Press Laws versus Press Freedom. In International
Journal of Communication. No. 1, pp. 191 – 206.
87
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)
88
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
89
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
90
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)
91
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 __________
__________________________________________________________________
_________________________________________________________________
92