UNIVERSITY OF IBADAN

DISTANCE LEARNING CENTRE

Legal Aspects of Communication

 CLA 309
LEGAL ASPECTS OF COMMUNICATION

By
Ayobami A. Ojebode, Ph.D
&
Femi Ayandele

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Table of Contents
LECTURE ONE: GENESIS OF PRESS LAW IN NIGERIA
LECTURE TWO: THE PRESS BEFORE THE CONSTITUTION
LECTURE THREE: PUBLIC OFFICERS VERSUS PUBLIC FIGURES,
NATIONAL INTEREST VERSUS PUBLIC
INTEREST
LECTURE FOUR: THE PURPOSE OF LAW AND ETHICS IN THE
SOCIETY
LECTURE FIVE: THE MEANING AND PURPOSE OF LAW IN THE
SOCIETY: ESSENCE OF ETHICS
LECTURE SIX: THEORIES OF ETHICS
LECTURE SEVEN: THE REGULATION OF THE MASS MEDIA
LECTURE EIGHT: DEFAMATION
LECTURE NINE: LIBEL AND SLANDER
LECTURE NINE II: DEFENCES TO DEFAMATION
LECTURE TEN: SEDITION
LECTURE ELEVEN: COPYRIGHT, PIRACY AND PLAGIARISM
LECTURE TWELVE: CONTEMPT OF COURT AND CONTEMPT OF
PARLIAMENT
LECTURE THIRTEEN: THE OFFICIAL SECRETS ACT
LECTURE FOURTEEN: THE OBLIGATIONS AND OWNERSHIP OF MASS
MEDIA IN NIGERIA: CONSTITUTIONAL
PROVISIONS
LECTURE FIFTEEN: ETHICAL PROBLEMS IN NIGERIAN
JOURNALISM
LECTURE SIXTEEN: REGULATORY MECHANISMS CUM ETHICAL
CASE STUDIES
LECTURE SEVENTEEN: HOW POWERFUL IS THE PRESS?

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LECTURE ONE: GENESIS OF PRESS LAW IN NIGERIA
Introduction
The 1960s witnessed the height of nationalist movements that culminated in
the political independence of many African countries. But almost three
decades after those political emancipations, the questions remain: How
much have post-independence African governments borrowed from the
colonial statute books in shaping contemporary African press laws? How
have the courts interpreted those laws?
This lecture assesses the Public Officers (Protection Against False
Accusation) Decree No. 4 of 1984 because most of its provisions are found
in nearly all post-independence press laws enacted before it. The law has
been described as the amalgam of all press laws enacted in post-
independence Nigeria.

Objectives
At the end of this lecture, you should be able to:
1. trace the history of press law in Nigeria
2. discuss the implications of various sections of the Nigerian
constitutional provisions on press freedom.
3. discuss the relationship between decree No. 4 of 1984 and the colonial
seditions offences ordinance of 1909.
Pre-Test
1. Examine the implications of decree No. 4 of 1984 on the information
gathering and dissemination of the Nigerian press.
2. Discuss the history of press law in Nigeria.

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 3. How would you x-ray the press under the 1960 and 1979 constitutions
of Nigeria?
CONTENT
Public officers (Protection Against False Accusation) Decree No 4, 1984
Drafted on March 29, 1984, Decree No. 4 was the most dreaded, most
repressive and the last press law enacted in Nigeria. It was promulgated
during the military regime of Major General Buhari which did not take
kindly to press criticisms. The law was drafted to punish authors of false
statements and reports that exposed the then military administration and or
its officials to ridicule or contempt. Section 1, sub-sections (i), (ii) and (iii)
of the law-the most formidable section-provided that:
Any person who publishes in any form, whether written or otherwise,
any message, rumour, report or statement, being a message, rumour,
statement or report which is false in any material particular or which
brings or is calculated to bring the Federal Military Government or the
Government of a state or public officer to ridicule or disrepute, shall
be guilty of an offence under this Decree.

Any station for wireless telegraphy which conveys or transmits any

sound or visual message, rumour, report or statement, being a
message, rumour, report or statement which is false in any material
particular or which brings or is calculated to bring the Federal
Government or the Government of a state or a public officer to
ridicule or disrepute, shall be guilty of an offence under this Decree.
It shall be an offence under this Decree for a newspaper or wireless
telegraphy station in Nigeria to publish or transmit any message,
rumour, report or statement which is false in any material particular
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 stating that any public officer has in any manner been engaged in
corrupt practices or has in any manner corruptly enriched himself or
any other person (Gazette, 1984).

The law also conferred on the Head of State the power to ban a newspaper
and to revoke the license of a wireless telegraph station in any part of the
federation. If such action was construed to be in the interest of the nation,
Section 2, sub-sections (i) and (ii) of the law provided that:

Where the head of the Federal Military Government is satisfied that the
unrestricted circulation in Nigeria of a newspaper is or may be detrimental to
the interest of the federation or any part thereof, he may by order publish in
the Gazette, prohibit the circulation in the federation or in any part thereof,
as the case may require, of that newspaper; and, unless any other period is
prescribed in the code, the prohibition shall continue for a period of twelve
months unless sooner revoked or extended, as the case may require.
Where the Head of the Federal Military Government is satisfied that the
unrestricted existence in Nigeria of any wireless telegraphy station is
detrimental to the interest of the federation or any part thereof, he may by an
order publish in the Gazette (a) revoke the license to such wireless
telegraphy station under the provisions of the Wireless Telegraphy Act of
1961: or (b) order the closure or forfeiture to the Federal Military
Government, as the case may be, of the wireless telegraphy station
concerned (Gazette 1984).

The law also provided that offending journalists and publishers are tried by a
military tribunal composed of three members of the armed forces and a
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serving or retired High Court judge. The tribunal‘s ruling could not be
appealed in any court. Section 8 of the press law specified punishments for
offenders, and provided for a prison term of up to two years without the
option of a fine. In the case of news media corporations, the decree provided
for a fine of not less than 10,000 naira (Ogbondah, 1986).

Colonial Roots
Where are the origins of the Public Officers (Protection Against False
Accusation) Decree? An examination of colonial documents and statutory
provisions regulating the Nigerian press reveals that the roots of this press
law are clearly found in the colonial period of Nigerian journalism history.
Fragments of the law can be found in the early newspaper laws of Nigeria.
One of such laws was the Seditious Offences Ordinance of 1909 which, like
Decree No. 4 of 1984, criminalized the publication of false reports or
statements that exposed government officials or the government itself to
ridicule or contempt. Published in September 1909 in the official Gazette
and reprinted in an extraordinary issue of the government Gazette dated
October 1, 1909, the Seditious Offences Ordinance under Section 3 and 5,
provided that:

Whoever by words, either spoken or written… brings or attempts to

bring into hatred or contempt… the government established by law in
Southern Nigeria, shall be punished with imprisonment which may
extend to two years or with a fine or with both imprisonment and fine.
Whoever makes, publishes or circulates any statement, rumour or
report, with intent to cause, or which is likely to cause any officer of
the Government of Southern Nigeria or any person otherwise in the
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 service of His Majesty to disregard or fail in his duty as such officer
or servant of His Majesty… shall be punished (Gazette, 1909).

The above provisions clearly show that section 1, sub-section (i) of the 1984
press law was modeled after the 1909 newspaper law.
Section 6 of the Seditious Offences Ordinance empowered police,
magistrates and district commissioners to check seditious publications in
their areas of authority by requiring suspected offenders to execute a bond,
to be of good conduct for one year or for such a period as the police,
magistrate or district commissioner would be satisfied with the alleged
offender‘s behaviour and conduct.

The event that precipitated the 1909 newspaper law was Herbert Macaulay‘s
publication of a pamphlet titled, ‗Governor Egerton and the Railway‘. The
pamphlet leveled charges of maladministration against the governor and
drew attention to allegations of corrupt practices in the Egerton
administration. Concern about the effects of unrestricted press criticism led
to the drafting of a law based on the Indian Penal Code:
Which would allow reasonable freedom of discussion of government
policy but which would give the government power to punish
publications… designed to influence an excitable and ignorant
populace the bulk of whom are absolutely under the control of
Headman (sic) and chiefs who themselves have only recently emerged
from barbarism and are still actuated by the old traditions of race
(Omu, 1968).

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The language and provisions of Section 8, sub-section (i) of Decree No. 4 of
1984 are similar to those of Section 3 of the 1909 colonial newspaper law.
That section of the 1984 newspaper law provided for a prison term of up to
two years for convicted offenders of the law-the same provisions found in
the colonial law. The 1984 press law merely differed slightly from its
colonial primogenitor in the sense that it (Decree No. 4) provided no option
of fine for convicted persons. Apart from this difference, Decree No. 4 of
1984 provided for the exact terms of punishment as the 1909 colonial
Seditious Offences Ordinance. Therefore, it could be argued that the Public
Officers (Protection Against False Accusation) Decree No. 4 of 1984 was an
offshoot of the premier colonial press law.

Fragments of the roots of Decree No. 4 can also be found in other colonial
statutory provisions. One of those statues was the 1916 Criminal Code
which removed the option of fine found in the 1909 law for the publication
of these reports. In the 1916 Criminal Code, false publication was defined as
any ‗statement, rumour or report likely to bring any public officer to
disrepute… (Gazette, 1916). The same phrase appeared in Section 1, sub-
section (i) and (ii) of the 1984 law enacted to control freedom of the press in
Nigeria. In addition to this similarity, the draftsmanship of Section 6, sub-
section (i) of Decree No. 4 of 1984 was exactly the same as that of the 1916
colonial Criminal Code in the sense that it provided no option of fine for
anyone convicted of disseminating false rumour, report or statement. In this
sense, it can be logically concluded that the origins of Section 9, sub-section
(i) of the 1984 press law are found in the 1916 Criminal Code of Nigeria.
A revised version of the Criminal Code of 1942 prohibited the importation
into Nigeria of any newspapers or other publications considered undesirable
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in the interest of the country. Section 2, sub-section (i) of Decree No. 4
authorized the Head of State to prohibit the circulation in Nigeria of any
newspapers if such prohibition was desirable in the interest of the federation.
That section stipulated that where the Head of the Federal Military
Government is satisfied that the unrestricted circulation in Nigeria of a
newspaper is… detrimental to the interest of the federation… he may…
prohibit the circulation… of the newspaper…‘ (Gazette, 1984).

Although this section did not empower the government to prohibit the
importation of newspapers into the country, its intent on prohibition of
newspaper circulation within the country is nevertheless the same as that of
the 1942 colonial Criminal Code. The colonial press law prohibited
newspaper importation into the country, while the post-independence press
law prohibited the circulation of newspapers within the country under the
same condition as in the 1942 law. The provisions of both laws are the same,
and any difference is but a matter of rhetoric. Section 2, sub-section (i) of
the 1984 press laws is but an extension of some of the provisions of the 1942
colonial statutory provisions.

The roots of Decree No. 4 of 1984 can also be observed in the revised
Criminal Code of 1958. Section 51 of that law provided that:
Any person who does or attempts to do, or makes any preparation to
do, or conspires with any person to do, any act with a seditious
intention; alters any seditious words; prints, publishes, sells, offers for
sale, distributes or reproduces any seditious publication, unless he has
no reason to believe that it is seditious; shall be guilty of an offence
and liable on conviction for a first offender to imprisonment for two
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 years or to a fine of 100 pounds or both and for a subsequent offence
to imprisonment for three years… (Times International, 1985).

The provisions of Section B, sub-section (i) of Decree No. 4 of 1984 were

modeled after Section 51 of the 1958 colonial law. That section of Decree
No. 4 stated that: ‗Any person found guilty of an offence under this Decree
shall be liable on conviction to be sentenced to imprisonment for a term not
exceeding two years… in the case of a body corporate, to a fine of not less
than 100 naira‘ (Gazette, 1984).

The roots of the Public Officers (Protection Against False Accusation)

Decree No. 4 of 1981 are more clearly found in a newspaper law of the
defunct Eastern Nigerian Government enacted during the colonial
administration of the country. Passed in 1955, the law was designed to
regulate the publication and distribution of newspapers in the former Eastern
region. It provided for the registration of newspapers, with their correct titles
and names, the correct names of their proprietors together with their
occupations and places of residence, the names of their editors, news-agents
and correct addresses of where they were published. More importantly, the
law went beyond registration and bonding by providing for the regulation of
editorial content of newspapers:
Any person who publishes or reproduces or circulates for sale in a
newspaper any statement, rumour or report knowing or having reason
to believe that such statement, rumour or report is false shall be guilty
of an offence and liable upon conviction to a fine of two hundred
pounds or to imprisonment for one year.

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 It shall be no defence to a charge under this section that he did not
know or did not have reason to believe that the statement, rumour or
report was false unless he proves that prior to publication, he took
reasonable measures to verify the accuracy of such statement, rumour
or report (Gazette, 1955).

As can be noted, the language of section 1 sub-section (i) and (ii) of Decree
No. 4 resembled that of the 1955 newspaper law which regulated editorial
content. The above section of the 1955 colonial press law in the former
Eastern region became the model for the press laws of the other regions and
the federation. For example, the law found its way into chapter 81 of the
Western Nigerian Newspaper Law of 1957 and section 23 of the Northern
Nigerian Penal Code. It was also incorporated into the Newspaper
Amendment Act of 1964 which affected the whole country. According to an
explanatory memorandum in the official Gazette in which the Act was
published, the 1984 law was intended to ‗bring the law relating to
newspapers as printed or published in Lagos more into line with newspaper
legislation in operation elsewhere in Nigeria‘ (Gazette, 1964). The
provisions of Section 4 of this Act are phrased in the manner of the 1955
newspaper law of Eastern Region of Nigeria, and it provides that:
Any person, who authorizes for publication, publishes, reproduces or
circulates for sale in a newspaper any statement, rumour or report
knowing or having reason to believe that such statement, rumour or
report is false shall be guilty of an offence and liable on conviction to
a fine of two hundred pounds or to imprisonment for a term of one
year.

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 It shall be no defence to a charge under this section that he did not
know or did not have reason to believe that the statement, rumour or
report was false unless the proves that, prior to publication, he look
reasonable measures to verify the accuracy of such statement, rumour
or report… (Gazette, 1964).

The roots of the Newspaper Amendment Act-passed in September 1964,

four years after the attainment of independence-can be clearly traced to the
1955 colonial press law of the Eastern region. Though the provisions of
Decree No. 4 of 1984 resembled those of the 1964 federal newspaper law, its
strongest roots are found in the colonial press laws, suggesting that the 1984
press law, like other post-independence press laws, was obviously a carry-
over from colonial statutory provisions.

Role of Judiciary
In most societies, courts interpret laws and judges are regarded as the
arbiters between governors and the governed. The importance of a vigorous
judiciary was not lost on Nigeria‘s Attorney-General and Justice Minister,
Bola Ajibola, when he stated that the success or otherwise of a constitution
depended to a great extent on the virility of the legal system (West Africa,
1987). Sylvanus Ekwelie (1986) believes that occasional judicial activism
might provide a stronger bulwark against press harassment than statutory
guarantees.

Constitutional Provision
According to Section 24 of the 1960 independence constitution, Section 25
of the 1963 republican constitutions and Section 36 of the 1979 constitution,
13
every Nigerian is entitled to freedom of expression including freedom to
hold opinions and to receive and impart ideas and information without
interference. These rights are, however, almost qualified out of existence.
For example, Section 36, sub-section (iii) of the 1979 constitution states:
Nothing in this section shall invalidate any law that is reasonably
justifiable in a democratic society (a) for the purpose of preventing the
disclosure of information proffered in confidence, maintaining the
authority and independence of the courts or regulating telephone,
wireless broadcasting, television or the exhibition of cinematograph
films, or (b) imposing restrictions upon persons holding office under
the State, members of the Armed Forces of the Federation or members
of the Police Force.

Section 41 of the same constitution states:

Nothing in section 34, 35, 36, 37 and 38 of the constitution shall
invalidate any law that is reasonably justifiable in a democratic
society in the interest of defense, public safety, public order and
public morality.
These qualifications are broad enough to be used to prevent any expression
of opinion that the government considers unpalatable. And that is where
judicial independence becomes the citizens‘ last line of defense.
Three cases decided during the first civilian, military and second civilian
administrations, and involving press laws will be x-rayed to assess how the
courts interpreted the laws.

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Trail of Chike Obi
In 1961, Dr. Chike Obi, leader of the minority Dynamic Party, published a
pamphlet, The people: Facts That You Must Know, part of which read,
‗Down with the enemies of the people, the exploiters of the weak and the
oppressors of the poor… the days of those who have enriched themselves at
the expense of the poor are numbered.‘ He was charged with sedition. Many
people thought the government over-reacted. Nwabueze (1973) believes
Obi‘s attack on the government was a campaign rhetoric ‗intended simply to
induce the people not to vote for it at the next election.‘ The trail court,
nevertheless, found Obi guilty.

Obi‘s appeal provided the Supreme Court the opportunity to rule whether the
human rights provisions of the constitution invalidated and/or modified the
sedition law. But the nation‘s highest court dismissed the case. Chief Justice
Sir Ademola said:
A person has a right to discuss any grievance or criticize, canvass and
censure the acts of Government and their public policy. He may even
do this with a view to affecting a change in the party in power or to
call attention to the weakness of a Government, so long as he keeps
within the limits of fair criticism. It is clearly constitutional by means
of fair argument to criticize the Government of the day. What is not
permitted is to criticize the Government in a malignant manner as
described above, for such attacks by their nature, tend to affect the
public peace (Okonkwo and Naish, 1964)

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Amakiri Affair
On July 30, 1973, the Nigerian Observer published a story by its Port
Harcourt correspondent, Minere Amakiri, on the grievances of Rivers State‘s
teachers. The teachers had threatened to go on strike unless their demands
were met. Amakiri was arrested and detained for 27 hours in the guard room
of the State House in Port Harcourt. His hair and beard were shaved off and
he was given 24 strokes with a cane. An aide to the River State governor
explained that the story embarrassed the governor because its publication
coincided with the governor‘s birthday celebration. The veracity of
Amakiri‘s report was never challenged or in doubt. Amakiri sued and was
awarded 10,760 naira damages in 1974. The trail judge, Ambrose Allagoa,
remarked before passing judgment that ‗in spite of the military rule, the
fundamental rights touching personal liberty, freedom of movement, right to
property, freedom of conscience are still provided in the constitution‘
(Onagoruwa, 1976). Justice Allagoa also described the court as the
watchdogs of those rights. According to him, the courts ‗will spare no pains
in tracking down the arbitrary use of power where such cases are brought
before the court‘ (Onagoruwa, 1976).

But the question is: How can the courts protect the rights of Nigerians when
judges are intimidated by extra-legal forces? According to the Chief Judge
of Plateau state, George Uloko, fear of removal and strict control through
‗back stairs influences‘ are major factors that stifle judges‘ initiative and
morale (West Africa, 1986).

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Arthur Nwankwo’s Case
In August 1982, a gubernatorial candidate for Anambra state, Arthur
Nwankwo, published a book, How Jim Nwobodo Rules Anambra State. He
was arraigned before a court on charges of seditious publication. It was
alleged that his publication intended to bring hatred and contempt or excite
disaffection against the governor of Anambra state. The trail judge agreed
with the prosecutor and sentenced Nwankwo to 12 months imprisonment.
The judge also made this starting statement: ‗The conviction and punishment
of the accused, I hope, will help to stem the tempo of vulgar abuse and
irresponsibility of both the politicians and media practitioners‘ (Nwankwo,
1983)

Nwankwo appealed that decision and on July 27, 1983, the federal court of
appeal discharged and acquitted him. According to the appeal court,
‗Sections 50 and 51 of the Criminal Code were anachronistic in the light of
constitutional changes and the national sovereignty‘ (Ekwelie, 1986). In
essence, the appeal court was concerned that an independent Nigeria still
operated under laws that were passed by aliens to serve the purpose of a
colonial administration. Furthermore, the court questioned the law‘s
constitutionality.

Nwankwo‘s acquittal showed that the sedition law was inconsistent with
constitutional guarantees. Earlier, on February 12, 1983, the Chief Justice of
Anambra state had discharged and acquitted the Weekly Trumpet of sedition
by the Anambra State Governor for publishing an article, ‗Just Before the
Storm.‘ In that case, the Chief Justice ruled that the sedition law was

17
inconsistent with section 36 of the 1979 constitution which guaranteed
freedom of expression (Ekwelie, 1986).

Summary
The British colonial administration of Nigeria began in 1861. For about a
hundred years, the British enacted several statutory provisions that
regulated the press. But almost three decades after the attainment of
political independence, the spirit and content of those colonial laws are
still found on the pages of Nigeria‘s press laws.

Post-Test
1. Attempt the pre-test questions again
2. How do you think the court can protect the rights of journalists
when judges are intimidated by extra-legal forces?
3. Why are the contents of the British colonial laws still found on the
pages of Nigeria‘s press laws?

References
Ekwelie, Silvanus A. (1986), ‗The Nigerian Press Under Civilian Rule‘,
Journalism Quarterly, Vol. 63, Spring, p. 98.
Federal Republic of Nigeria Supplement to Official Gazette Extraordinary,
April 4, 1984 p. A53.
Nwabueze, B.O. (1973). Constitutionalism in the Emergent States,
London: C. Hurst.
Nwankwo, Arthur A. (1983). Justice: Sedition Charge Conviction,
Imprisonment and Acquittal of Chief Arthur Nwankwo, Enugu:
Frontline Group Publishers.
Ogbondah, Chris W. (1986). Nigeria‘s Decree No. 4: A Sword Against the
Pen. Unpublished Ph.D Dissertation submitted to Southern Illinois
University at Carbondale.

18
Omu, Fred (1968). ‗The Dilemma of Press Freedom in Colonial Africa:
The West African Example‘, Journal of African History, Vol. 9., p.
293.
Okonkwo, C.O. and M.E. Naish (1964). Criminal Law in Nigeria. Lagos:
African Universities Press.
Onagoruwa, G. Olu (1976), Press Freedom in Crisis: A Study of the
Amakiri Case. Ibadan: Sketch Publishing Co.
Government Gazette, Sept. 29 and Oct. 1, 1909.
Nigeria Gazette, January-June, 1916.
Eastern Region of Nigeria Government, Gazette, June 30, 1955.
Federal Republic of Nigeria Official Gazette, Sept. 5, 1964.
National Concord (Nigeria), February 6, 1984, p. 1.
Times International (Nigeria), Sept. 23, 1985, p. 6.
West Africa, May 5, 1986, p. 969.
West Africa, July 13, 1987, p. 1365.

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LECTURE TWO: THE PRESS BEFORE THE CONSTITUTION
Introduction
The main argument of this lecture is that a free press is vital to the
political, social and economic development of every nation through the
ability to expose corruption and abuse of office within the ruling class. In
order to provide a framework to understand the lecture, the meanings of
press freedom will be explained. Though virtually every constitution in the
world has guaranteed freedom of the press, the term has been interpreted
differently according to traditions and needs of each country. In this
lecture the etymology of press freedom is also uncovered.

Objectives
At the end of this lecture, you should be able to:
 know a brief history of freedom of expression in the ancient world
 know a brief history of press freedom in old England
 trace a brief history of press freedom in Nigeria
 define press freedom
 understand the legal bases of press freedom in Nigeria.
 know the major constraints to press freedom in Nigeria

Pre-Test
1. What are the ways in which scholars and professionals have
defined press freedom?
2. Examine the origin of press freedom in Nigeria.
3. Discuss the major impediments to freedom of the press in
Nigeria.
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CONTENT
The Struggles for Free Expression in the Ancient World
From time immemorial, human beings have been struggling for more
freedom to express themselves, in social life, in religion, in the arts, in
political and economic activities and even in the scientific field. In many
countries of the world, there is now considerable freedom for people to
express themselves and pursue their legitimate undertakings. But it has not
always been so. In the past, political and religious leaders were very
uncomfortable with those with new ideas and indeed made life unbearable for
such people.

As a result, many great minds were forced into extinction prematurely long
before society realised her mistake. For example, the great Greek philosopher,
Socrates (470 - 399 B.C.) was killed for allegedly corrupting the youths
of Athens with his strange ideas; Jesus Christ was crucified for preaching a
new doctrine; and Galileo Galilie (1564-1642), the Italian astronomer and
physicist was killed for his scientific discoveries.

However, after many centuries of ruthless suppression of those whose ideas

ran contrary to those of the rulers a little succour came the way of the
Europeans in the Middle Ages, with the passage of certain great Bills of
Rights which guaranteed more freedom of expression. Some of such great
laws were the Magna Carta in 1215; and the English Bill of Rights in 1689.
The Magna Carta (The Great Charter) was a broad statement of legal
principles which was passed by a certain King John of England on
Monday June 15, 1215. The document, written in Latin comprised 61
21
clauses, included some civil rights which the king had undermined in the past.
History records that the idea of passing the charter was to forestall revolts
which had become inevitable because of the denial of people's basic rights.
But the enduring importance of the Magna Carta lie in the fact that, even
though it was a feudal document, it gave legal recognition to the fact that the
relationship between king and vassals was based on mutual rights and
obligations. In later years, the document was used to strengthen the idea that
the monarch's power was limited, not absolute.

The English Bill of Rights was passed in 1688, under William and Mary as
King and Queen of England, after what was referred to as "the Glorious
Revolution", following disputes over succession to the throne between
Catholics and Protestants.
But more importantly, the Bill of Rights was a profound statement of liberties,
whereby the individual was protected against the distortion of justice in the
interest of the crown.

The Virginia Declaration of the Rights of Man

Virginia, a South Atlantic state in the United States of America, became
important following the introduction of tobacco farming there in 1612. This
led to the bringing of slaves there, starting from 1619. Later on, the state was
one of the leading states in the American fight for independence and the
Civil War. It was a major battlefield in the war, and Richmond, its capital
city was the capital of the Confederate States.

The Bill of Rights was ratified by the American Congress in 1789, in order
to allay the fears of some states that the new American Constitution did
22
not guarantee enough freedoms. The Bill of Rights, which was actually 10
amendments to the American Constitution, then adequately guaranteed
freedom of religion, speech, the press, petition and assembly. It also
guaranteed the freedom to carry arms, and the right to be protected against
unreasonable searches and arrests, trial by jury, due process of law, and the
protection of property rights.

In other parts of the world, revolutions such as happened in old England and
America, also took place before laws were passed to grant more basic
freedoms to people. In fact, at the time the above upheavals were taking place
in America, a very bloody revolution was taking place in France, which is
now popularly referred to as the French Revolution. In France -the brutality of
the aristocrats towards the masses gave rise to a popular uprising which
eliminated the upper class and abolished the monarchy forever.

History of Press Freedom in Old England

Press freedom became an issue in Europe with the birth of modern mass
media such as books and newspapers, following the invention and spread
of printing. You will recall that Johann Gutenberg of Mainz, Germany,
invented movable type about 1445. Soon after, the printing of books became
popular in Germany, but with the sacking of Mainz in 1462, its trained
printers dispersed to other European cities and resumed their trade there.
Thus, Italy embraced printing in 1462; France in 1470; Spain in 1474; and
England in 1476.

Some ragtag newspapers called "Corantoes" appeared in England in 1621.

But the kings of England were not receptive to the newspapers for fear that
23
the masses would get enlightened and begin to challenge their authority. So,
they placed many restrictions in the way of the journalists and printers. In
fact, the restrictions were so severe that the rudimentary newspapers could
not be printed in England. They had to be printed abroad and smuggled into
England.

It was at this time that intellectuals like John Milton started publishing
popular essays in support of freedom of expression. Milton's argument was
that falsehood and truth should be allowed to grapple and let the superior
force win. His most famous essay was the Arepagitica (1644), which
advanced formidable opposition against the existing press licensing laws
of England. In 1694 the licensing was discontinued and this new era of
freedom gave birth to the first real newspaper in England, called the Daily
Courant, in 1702.

But the obnoxious laws of England had caused many intellectuals to flee to
the New World (America). Consequently, in the first rudimentary
newspapers in that part of the world, the Publick Occurance was founded
by Benjamin Harris, who had been expelled from England for operating an
underground press. But the first real newspaper in America was the Boston
Newsletter, which was founded by John Campbell and Bartholomew Green in
1704.

History of Press Freedom in Nigeria

The first newspaper in West Africa was the Sierra Leone Gazette, founded
in 1801 by the "Officers of the Sierra Leone Company" (Omu, 1978: 5).

24
Subsequently, other countries in the sub region embraced the trade: Ghana
in 1822; Liberia in 1826; Nigeria in 1859 and Gambia in 1883.

The first newspaper published in Nigeria, Iwe Irohin, existed from 1859 to
1867. It appears that subsequently, there was an absence of newspapers
for almost a decade, before a tribe of secular newspapers began to appear in
the 1880s. By the early 1900s, the British Colonial masters started becoming
uncomfortable with the emergent press, and began to enact harsh laws to put
the press in check. According to Omu, (ibid: 174), "the heightened tone of
press criticism which marked political opposition from the last days of the
nineteenth century to the eve of the First World War could not but irritate
the colonial administration". Accordingly, the colonial masters enacted the
first of such laws, the Newspaper Ordinance of 1903. Then came the Seditious
Offences Ordinance of 1909 and subsequent ones, as the need arose and many
more. A complete inventory of all the press laws from 1903 has been
provided by Momoh (2004, op cit).

So began the struggle for press freedom in Nigeria, which has continued ever
since. It has been observed that most of the press laws enacted in Nigeria
from colonial times were obnoxious impositions by those in power to
protect themselves from the legitimate searchlight of a dutiful and patriotic
press.

Incidentally, the struggle for press freedom in Nigeria was tied to the struggle
for political independence. The early newspapers used their editorials and
columns to crusade relentlessly for political independence. As noted by Okoye
(2003:11),
25
  as far back as 1881, when the Colony of Lagos was being
administered from Sierra Leon the question of independence from
colonial rule had started bothering newspaper editorial writers.
 For example, consider the following excerpt from an editorial
Published in the Lagos Times and Gold Coast Colony Advertiser of
March 9, 1881:
 "We are not clamouring for immediate independence, but it should
always be borne in mind that the present order of things will not last
forever. . . . A time will come when the colonies on the West Coast
will be left to regulate their own internal and external affairs"

This trend continued until independence was finally obtained in 1960. As

expected there were provisions for freedom of expression in the Independence
Constitution, but there was no specific provision granting freedom of the
press. The struggle to have definite constitutional provisions
guaranteeing press freedom continued until the recent passage of the
freedom of information Bill into law.

Meanwhile, when the hard-worn independence was lost to military

dictatorships in the 1990s, it was the Nigerian press and civil society that
went back to the trenches to recover it.
In the history of press freedom in Nigeria, some journalists and their
publications deserve mention for their indefatigable roles. They are:
1. John Payne Jackson and Thomas Horatio Jackson of the
Lagos Weekly Record.
2. James Bright Davies of the Nigerian Times
3. Ernest Ikoli of the African Messenger
26
 4. Herbert Macaulay of the Lagos Daily News
5. Duse Mohammed Ali of the Comet
6. Nnamdi Azikiwe of the West African Pilot
7. J.V. Clinton of the Eastern Nigerian Mail
8. Anthony Enahoro of the Comet
9. Peter Enahoro of the Sunday Times
10. Dele Giwa of Newswatch magazine
11. Tunde Thompsom of the Guardian
12. Nduka Irabor of the Guardian.
13. Bayo Onanuga of The News magazine
14. Chris Anyanwu of TSM magazine
15. Niran Malaolu of The Diet newspaper
16. Nosa Igiebor of Tell magazine.

Also deserving of special mention are some social critics who have been very
vocal in their advocacy for good governance and human rights. Some of
them used newspapers extensively as columnists, though they were not
employed full time by the newspapers. They include: Wole Soyinka, Tai
Solarin, Bola Ige, Agwu Okpanku, and many others.

What Does Press Freedom Mean?

As has been noted earlier in the study, press freedom is an essential
ingredient of the democratic culture. The higher the degree of press
freedom allowed in any country, the greater the degree of democracy its
citizens enjoy.

27
Soji Alabi (2003: 53) says that Press Freedom "simply means that the press
should be allowed to publish without prior restraint." This, he added,
implies that the press should be free to publish or broadcast what it deems
fit to the public.
Onagoruwa (1985: 15) defines Press Freedom as the right of the press to
"publish without being subjected to intimidation, threat, molestation or
blackmail."
Also, Aiyar (1979) defines Press Freedom as follows:
... the right to report facts honestly and
faithfully, even if they prove inconvenient or
embarrassing to someone. It means liberty to
interpret the evidence before them
according to their (reporters') independent
judgement and journalist's conscience.
Press, Freedom is the absolute freedom to gather, hold, express and
disseminate objective formation and opinions without official or
unofficial restrictions via written and unwritten laws and actions.
If we examine these definitions closely, we shall see that they are more or
less, saying the same thing in different words. They are all saying that
newsmen and women, individually and collectively, or mass media
organisations, should enjoy the liberty to do their legitimate duties
without having to obtain prior permission from any .authority, and without
having to bother whether what is eventually divulged to the public will suit or
embarrass any public official somewhere.

Another important question is: why is there so much concern over press
freedom in the world? The answer to that is not farfetched. If there is no
28
press freedom or if press freedom is diminished at any time, it is not
only journalists that will be hurt, but the entire society will face the
consequences.

On the occasion of the World Press Freedom Day, May 3, 2000, the
immediate past United Nations Secretary General, Kofi Annan,
UNESCO Director General, Koichiro Matsuura and United Nations High
Commissioner for Human Rights, Mary Robinson issued a joint statement
and said:

In every society, freedom of the press is essential to transparency,

accountability, good governance and the rule of law. It cannot be
suppressed without dire consequences for social cohesion and stability.
When it is sacrificed, whatever the reason invoked, the chances are that
conflict is not far down the road.

Press freedom is, therefore, essential to ensure that those in authority are
constantly monitored so that they do not overstep their bounds, to the
detriment of the society. Indeed, there are many credible international Non-
Governmental Organisations (NGOs) which dutifully monitor the degree of
press freedom in each country of the world and publish reports on their
findings. Freedom House is one such organisation. It measures each
country's press in four aspects:
1. the degree to which laws and administrative decisions affect
news content.
2. the degree of political influence or control over content.

29
 3. the degree of economic influence on the media by
governmental or private sectors, and
4. the degree of oppression, from censoring materials to killing
of journalists.

According to Chang (2003), based on the above four criteria, Freedom

House ranks each country on a scale from 0 to 100. The higher the score,
the less free the country's press system is considered to be. Countries
with a score of 0 to 30 are considered "Free", those with 31-60 "Partly
Free", while those which score 61-100 are considered "Not Free".

Legal Bases of Press Freedom in Nigeria

The following are the legal bases of Press Freedom applicable in
Nigeria.
1. United Nations General Assembly Resolution 59 (1) of December
14, 1946, which states Freedom of information is a fundamental
human right and is the touch stone of all the freedoms to which the
United Nations is consecrated. Freedom of information implies the
right to gather, transmit and publish news anywhere, without fetters.
2. Article 19 of the Universal Declaration of Human Rights of
December 10, 1948, which states :
 everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinion without
interference; and to seek, receive and impart information and
ideas through any media regardless of frontiers.
3. Articles 19 of the International Covenant on Civil and Political
Rights of December 10, 1966, which states;
30
 1. Everyone shall have the right to hold opinions without
interference.
2. Everyone shall have, the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and
ideas of all kind, regardless of frontiers, either orally, in writing or
imprint, in the form of art, or through any media of his choice.
4. Article 9 of the African Charter on Human and People's Rights,
which states:
… Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate
opinions within the law.
5. Section 39 of the 1999 Constitution of the Federal Republic of
Nigeria, which states:
... Every person shall be entitled to freedom of expression,
including freedom to hold opinions and to receive and impart ideas
and information without interference.

Constraints to Press Freedom

It has been pointed out that nowhere in the whole world is Press Freedom
total. Even in the most democratic countries, there are still the laws of libel,
sedition, copyright and other similar laws which seek to protect the state,
individual rights and intellectual property. In addition to these universal
laws, many countries have governmental agencies which regulate the
activities of specific mass media. Examples are the Federal Communication
Commission (FCC) in the United States of America, the Nigeria Press Council
(NPC), the National Broadcasting Commission (NBC) and the National Film
and Video Censors Board (NFVCB).
31
But some of the laws which serve as constraints to press freedom in Nigeria
are:
Articles 19 (2) and (3) of the Universal Declaration of Human Rights
(UDHR) which state:
In the exercise of his rights and freedom, everyone shall be subject only
to such limitation as are determined by law solely for the purpose of securing
due recognition; and
These rights and freedom may in no case be exercised contrary to the purpose
and principles of the United Nations.
Articles 19 and 20 of the International Covenant on Civil and Political
Right, which states:

The exercise of the rights provided for in paragraph 2 of this Article

carries with it special duties and responsibilities. It may therefore be subject to
certain restrictions, but these shall only be such as are provided by law and are
necessary:
a) For respect of the rights or reputation of others.
b) For the protection of national security or of public order, or of
public health or morals.
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall
be prohibited by law.
3. Article 13 (2), (3), (4) and (5) of the freedom of thought and
expression which states:

32
2. The exercise of the right provided for in the foregoing paragraph
shall not be subject to prior censorship but shall be subject to
subsequent imposition of liability which shall be expressly
established by law to the extent necessary in order to ensure:
(a) respect for the rights or reputation of others; or
(b) the protection of national security public health or morale
;

Summary
You can see that in most countries, press freedom is encouraged as an essential
ingredient of the democratic culture. Even though the Nigerian constitution
does not expressly provide for freedom of the press, the constitution makers
must have reasoned that by granting freedom of expression, that of the press
had been taken care of. Despite this constitutional drawback, the Nigerian
press has been virile from Colonial times to the present day. Indeed, it has
been argued that freedom is never given to anyone on a platter of gold, but
that those who desire freedom have to fight for it. And the Nigerian press has
given a good account of itself in its struggle for more press freedom.

In this lecture, we have surveyed the history of the struggles for free
expression in various parts of the world, both in the ancient and modern time.
We also looked at several definitions of press freedom given by scholars.
What all the definitions are saying is that press freedom is the liberty of the
mass media to do their duty of informing, educating and entertaining the
public without prior official censorships, or other official and unofficial
activities which curtail that liberty. All over the world, there are legal bases
33
for press freedom, which may differ slightly from place to place. In Nigeria
the legal bases of press freedom include: Article 19 of the Universal
Declaration of Human Rights; Article 19 of the International Covenant on
Civil and Political Rights; Article 9 of the African Charter on Human and
People's Rights; and Section 39 of the 1999 Constitution of the Federal
Republic of Nigeria.
Lastly, we also saw that press freedom is not absolute; hence there are some
constraints, which were also listed and explained.

Post-Test
1. What is your own definition of press freedom?
2. Would you adjudge your country as one with an absolute free press?
3. Attempt the pre-test questions again.

References
1999 Constitution of the Federal Republic of Nigeria
Aiyar, R. (1979). Quest for News, Madras: Macmillan Press.
Akinfeleye and Okoye. I (ed.), Issues in Nigerian Media History: 1900 -2000
A.D., Lagos: Malthouse.
Alabi, S. (2003). "Press Freedom: Background, Legal Bases and
Constraints" UNILAG Communication Review, 4 (1), 52-64
Daramola, I. (2003). "Press Freedom: Legal Bases and Constraints in
America and Nigeria", in R.A. Akinfeleye, and I. Okoye (eds), Issues
in Nigerian Media History, Lagos: Malthouse, 153-166
Duika, W.J., World History, Belmont: West/Wadsworth
Momoh, T. (2002). Nigerian Media Law and Ethics, Lagos Efua Media
Associates.
34
Omu, F. (1978). Press and Politics in Nigeria: 1880 - 1937, London: Longman

35
LECTURE THREE: PUBLIC OFFICERS VERSUS PUBLIC
FIGURES, NATIONAL INTEREST VERSUS
PUBLIC INTEREST
Introduction
It is necessary to make a distinction between a public officer and a public
figure and, of course, national interest and public interest. This will unfold
why the media is always interested in them and why the public interest, for
instance, has become the driving force of news.

Objectives
At the end of this lecture, you will be able to:
- know the difference between a public officer and public figure
- understand what national interest is.
- public interest and why the media are interested in it.

Pre-Test
1. What sign posts would you use to differentiate between a public
officer and a public figure?
2. Where there is no public interest, there can be no news. Do you agree?
Discuss
3. Explain why experts continue to disagree on what constitutes national
interest.
CONTENT
Who is a Public Officer and who is a Public Figure?
A Public officer or Public official is the person who holds an office in trust
for the public and earns his/her living from the taxes paid by the public. The
36
1999 Constitution of the Federal Republic of Nigeria provides an
exhaustive list of all those recognised as public officers in Nigeria, for the
purposes of the Code of Conduct. They are:
i. The President of the Federation.
ii. The Vice President of the Federation
iii. The President and Deputy President of the Senate; Speaker and
iv. Deputy Speaker of the House of Representatives and Speakers and
Deputy Speakers of Houses of Assembly of States, and all
members and staff of legislative houses, iv) Governors and
Deputy Governors of states
v. Chief Justice of Nigeria, Justices of the Supreme Court, President and
Justices of the Court of Appeal, all other judicial offices and all
staff of courts of law.
vi. Attorney-General of the Federation and Attorney-General of each
state
vii. Ministers of the government of the federation and commissioners of
the governments of the states
viii. Chief of Defence Staff, Chief of Army Staff, Chief of Naval
Staff, Chief of Air Staff and all members of the armed forces of
the federation
ix. Inspector-General of Police, Deputy Inspector General of Police and
all members of the Nigeria Police Force and other
government security agencies established by law
x. Secretary to the Government of the federation, Head of the Civil
Service, permanent secretaries, directors -general and other
persons in the civil service of the federation or of the states

37
 xi. Ambassadors, high commissioners and other officers of Nigerian
missions abroad
xii. Chairman, members and staff of the Code of Conduct Bureau and
Code of Conduct Tribunal
xiii. Chairman, members and staff of local government councils
xiv. Chairman and members of the boards or other governing bodies
and staff of statutory corporations and of companies in which the
federal or state government has controlling interest
xv. All staff of universities, colleges and institutions owned and
financed by the federal or state governments or local government
councils
xvi. Chairman, members and staff of permanent commissions or
councils appointed on full time basis

Akinfeleye (2005) adds that no matter the mode of appointment to that public
office, whether by election or selection, the public officer "has lost part of
his privacy, that is, the right to be left alone".

A public figure, on the other hand, does not earn his living from the tax
payers' money, but "by his activities, pronouncements, comments on public
issues within the community, which are of public interest, he has become a
public figure", (Akinfeleye, ibid). Thus, celebrities like popular musicians,
sportsmen, successful entrepreneurs and the like, are public figures. Both the
public officer and the public figure attract the attention of the mass media,
and rightly so, since what they do or say may have good or adverse
consequence for the society.

38
National Interest
National Interest is one concept on which experts are not agreed. It has been
defined in various conflicting ways by different experts. For example,
Momoh (2004) defines the national interest as "those interests which
Nigerians are brought up to regard as values to strive for, to live for, even to
die for". He explains further that these values have become so entrenched in
the psyche of the Nigerian that other interests must take second place. The
national interest should also override personal and group interest.
For instance, the values so close to the heart of every Nigerian are the need to
live in peace, harmony, comfort and prosperity. Anything which undermines
these fundamental legitimate aspirations should therefore be considered as
anti-national interest.

However, what makes the national interest problematic is the question as to

who determines it. Akinfeleye argues that the national interest cannot be the
legitimate aspirations, of all Nigerians if is determined and articulated by an
autocrat. The same, he agrees that in the case of Nigeria, the national
interest has been adequately captured by the National Anthem, the National
Pledge and the Motto.

Another expert, Areh (2005) argues that no individual or group can be in a

better position to define the national interest than the government in power.
He defines the national interest as "the interest of the state according to
recognised organ of government and the government of the day".

39
Both Momoh (2005) and Areh (ibid) agree that the 1999 Constitution
adequately articulates the National Interest of the Nigerian nation. This
national interest is properly spelt out in Chapter II of the Constitution, under
Fundamental Objectives and Directive Principles of State Policy. This chapter
outlines the following important things:
i. The fundamental obligations of Government
ii. The Government and the people of Nigeria
iii. Political objectives
iv. Economic objectives
v. Social objectives
vi. Educational objectives
vii. Foreign policy objectives
viii. Environmental objectives
ix. Directive on Nigerian culture
x. Obligation of the mass media
xi. National ethics
xii. Duties of the citizen.
Nor should National Interest be confused with national Security, which has come
to be seen as the use of the instruments of coercion to contain threats to peace in
every part of the nation state. This is also known as the protection of the
territorial integrity.

Public Interest
The public interest is any event, issue or development which in the judgement of
the working press, deserves to be brought to the attention and knowledge of the
media audience. Indeed, any significant thing a public officer or public figure
does, or fails to do, is of public interest. The traditional journalistic maxim is
40
that any person who accepts a public office has lost his privacy, that is, the
right to be left alone (Akinfeleye, 2005). Such a person has become a
"customer" of the newsmen and must be monitored and made accountable to the
people.

At the same time, the monitors must ensure that whatever they report about the
public officer is of public interest. This calls for integrity on the part of the
monitors and strict adherence to the professional code of conduct and legal
boundaries.

Summary
According to Momoh (2005), "there can be no greater thing in the national
interest for those who govern to do so to secure the welfare and safety of the
citizens". And how this can be done is settled in Chapter Two of the Constitution
that documents the Fundamental Objectives and Directive Principles of State
Policy. Those entrusted with the duty of serving the national interest must
be monitored. There is a popular saying that a gold fish has no hiding place.
It is for this reason that those in the public limelight, either as public officers
or public figures are constantly being monitored by the mass media of every
society. Indeed, what such people do or fail to do, have serious implications
for the society.

For this lecture, we focused on public officers, defined who a public officer is,
and presented a comprehensive list of all those recognized as public officers
in the Federation of Nigeria. The list may differ for other societies, but the
common idea is that public officers are paid by the tax payers to perform
specific duties for the state. Public figures may not be paid by the state as such,
41
but they are in the public consciousness always because they are celebrities.
Many are role models whose actions or inactions may have serious
implications for the society.

We also discussed what the national interest is. It is the aspirations and goals
of the nation, as articulated by the government at any time. In fact,
governments exist to pursue the national interest. Such national goals are
usually captured in the nation's constitution, national anthem, and pledge, and
publicized so that the nationals will know them and work towards achieving
them.

Furthermore, this lecture explained what the public interest is, and why the
mass media are always interested in them. In fact, the public interest is the
driving force of news. It is what the media conceive as the public interest
that they report as news.

Post-Test
1. Re-try the pre-test questions
2. Work in pairs to list, at least, thirty international public officers.

References
1999 Constitution of the Federal Republic of Nigeria.
Akinfeleye, R. A. (2005). "Journalistic Integrity in Political and Economic
Reporting", A paper presented at the Nigerian Press Council National
Workshop on "Reporting Politics and the Economy - the Responsibility
of the Mass Media", at The Peninsula Resort, Km. 25, Lagos - Epe
Express way, Aja, Lagos State, from October 18-21, 2005.

42
Areh, K. (2005). "National Interest and the Media", A paper presented at the
Nigerian Press Council National Workshop on "Reporting Politics and the
Economy-the Responsibility of the Mass Media", at The Peninsula
Resort, Km. 25, Lagos - Epe Express way, Aja, Lagos State, from October
18-21, 2005.
Momoh, T. (2004). Nigerian Media Laws and Ethics, Lagos: Efua. Media
Associates Ltd.
Momoh, T. (2005). "Role of the Mass Media Sustaining Nigeria's Democracy" A
paper presented at the Nigerian Press Council National Workshop on
"Reporting Politics and the Economy the Responsibility of the Mass
Media", at The Peninsula Resort, Km. 25, Lagos - Epe Express way, Aja,
Lagos State, from October 18-21,2005

43
LECTURE FOUR: THE PURPOSE OF LAW AND ETHICS IN
THE SOCIETY
Introduction
The set of rules established either by nature or human authorities with a view
to regulating natural phenomena or human behaviour within a country cannot
be jettisoned in ensuring effective information gathering and dissemination.
This lecture is, however, concerned with those laws imposed by the powers
that be for the regulation of human activities.

Objectives
At the end of this lecture, you should be able to:
 understand the differences between natural and man-made laws
 understand the divisions of man-made laws
 discuss the general functions of law in the society

Pre-Test
1. What are the general functions of law in Nigeria?
2. Differentiate between natural and man-made laws.
3. Examine the major divisions of man-made laws.

CONTENT
Natural and Man-Made Laws
Laws are the set of rules established by nature or by human authorities, to
regulate natural phenomena or human behaviour within a given community
or country. From this general definition, it can be seen that laws fall under

44
two broad categories, that is, those which govern natural phenomena and those
which govern human activities.

Natural Laws are the laws of nature, such as the laws of the natural sciences.
An example of natural law is that which governs the floatation of objects.
Those who studied physics can still remember Archimedes principles,
which states that "if a body is immersed in water, the up-thrust is equal to
the volume of liquid displaced". Based on this natural law, scientists
design sea-going vessels. Other natural laws include the Laws of Relativity
discovered by Albert Einstein, and the Law of Gravitation, discovered by
Isaac Newton. Even the laws of Supply and Demand and Diminishing Returns
are natural laws. Also, the fact that the earth revolves and at the same time
rotates on its axis is a law which was imposed by nature itself.

But we are concerned in this study with man-made laws. Man-made laws
are those imposed by human authorities for the regulation of human
activities. Such laws include the United Nations Declaration of Human Rights
(UNDHR), various International Conventions, National Constitutions,
Statutes, Codes, Decrees and Edicts imposed by governments at different
levels and for specific purposes.

The following are generally true of man-made laws:

1. They are imposed by the ruling class of every time and space to
regulate the behaviour of people under them.
2. Man-made laws are enforced by the rulers as vigorously as they have
the political will to enforce them. Hence some laws may exist in the
Statute but are hardly ever enforced.
45
3. Every law has an effective date
4. Laws can be repealed or amended to suit the desires (policies and
objectives) of the ruling class.
5. Man-made laws derive from the values and practices of a given
society.
6. Man-made laws respect natural laws and justice.

Man-made Laws Contrasted with Natural Laws

In contrast to man-made laws, natural laws have no effective date, nor are
they respecters of culture or the ruling class of any time and space.
In short, natural laws are immutable and constant, while Man-made laws can
change with time.

Divisions of Man-made Laws

The Law of the land can be grouped into two broad divisions, namely, civil
law and criminal law. Civil law seeks to protect civil or private rights while
criminal law defines criminal offences and specifies punishments for their
breaches. While the violation of civil law is an offence against an individual,
the breaking of criminal law is considered as an offence against the state.
Some crimes are against humanity, such as genocide, slavery, child
prostitution and other such heinous offences.

The following fall under Civil Law: Law of contract, company law,
commercial law, family law, insurance law etc. Examples of criminal
offences are: robbery, rape, murder, kidnapping, arson, obtaining goods or
money under false pretences, defamation, sedition, etc.

46
The Purpose of Law in the Society
Ewelukwa (2004:1) identifies five important contributions of law to the
society as follows:
i. Regulation of human conduct
ii. Reconciliation of the interest of the individual to that of the
community
iii. Pointing out when interests exist
iv. Man owes his dignity to law
v. Law initiates changes in economic, political, social and religious
structures.

i) Regulation of Human Conduct

Law exists as a social control of customs and morality to ensure that citizens
conduct themselves in an orderly manner.

In an ideal society where citizens conduct themselves in a perfectly orderly

manner, guided by their morality, religion and conscience, there would have
been no need for law.
But such a perfect society does not exist. Once in a while some people may
choose to fight, steal or rob. It is to point out the acceptable way to conduct
social life that laws are made so that there can be peace and order in the
society.

ii) Reconciliation of the interest of the individual to that of the

Community

47
Some people's interest may be at variance with those of the community. But
Ewelukwa (Ibid:2) points out that "the interest of the individual must be
balanced with the welfare of the community, for the good of all and the public
good in particular", hence there are laws.

iii) Pointing out when interest exists

In a world of interdependence and interpersonal influence interests are bound
to exist and evaluated. The court of law examines cases brought before it and
identifies and protects the interest of parties whose interests have been
violated.

iv) Man owes his dignity to law

The rule of law, not the rule of man, controls every civilized society The basic
assumption of the rule of law is that the law is supreme, that all men are
subject to the law of the land and that the inalienable right of citizens are
guaranteed by the constitution. It is the rule of law which recognizes the civil
and political rights of the citizen.

v) Change in Economic, Political, Social and Religious Structures are

Initiated by Law
Every society moves with the changing times. As the social, economic, and
political orders change, society restructures itself to ensure progress and
continuity. These changes are initiated by laws. In Nigeria, for example,
many obnoxious laws which existed during the colonial and military eras have
now been repealed or amended. In their places have been enacted better laws
which better protect the rights of the individual and allow him more leverage
to improve himself and the society at large.
48
Summary
From now on it should be understood that the purpose of laws is not
necessarily to punish offenders, but to ensure peace and harmony in the
society. If laws could be religiously observed by everyone then the society
will be a good place to live and every one will be happy. Such a place does not
exist on earth, but there are places where things are better than in others.

In this lecture, we have considered the meaning and purpose of law in all
societies. It was explained that laws are the general rules that govern natural
phenomena and human beings anywhere they may be on earth. Laws are
divided into two, namely, natural and human laws. Natural laws govern
natural phenomena while human laws are those imposed on the society by the
rulers.

We also drew a contrast between natural laws and human laws. Natural laws
are ordained by God (or nature, for the theists), and are immutable. On
the other hand, human laws differ from place to place and from time to time.
Finally, the general purposes of law in the society were discussed. They are:
regulation of human conduct; reconciliation of the interest of the individual
to that of the community; pointing out when interests exist; the fact that man
owes his dignity to law; and the fact that law initiates changes in economics,
political, social and religious structures.

Post-Test

49
1. To what extent could you justify the relevance of law to a
communicator?
2. Attempt the pre-test questions again.
References
Ewelukwa, B.N. (2004). Introduction to Nigerian Press Law, Onitsha:
Maranatha Press Ltd. Pp 1-2.
Malemi, E. (1999). Mass Media Law: Cases and Materials, Lagos:
Grace Publishers Inc.

50
LECTURE FIVE: THE MEANING AND PURPOSE OF LAW
IN THE SOCIETY: ESSENCE OF ETHICS

1.0 Introduction
The meaning and purpose of ethics and why communicators should be
ethically alive to their responsibilities remains the cornerstone of this lecture.
Similarities and differences between law and ethics are also discussed.

Objectives
At the end of this lecture, the student should be able to:
- define and explain what ethics means
- discuss the similarities and differences between law and ethics

Pre-Test
1. How would you define an ethical journalist?
2. Identify the characteristics that make humans concerned about ethics?
3. ―Without a concern for ethics there will be no difference between a human
being and an animal‖. Explain

CONTENT
The Essence and Purpose of Ethics
While law consists of the laid-down rules that guide people's behaviour in
a state, the disobedience of which attracts penalties, ethics is the branch
of philosophy which deals with judgement as to the rightness or wrongness,
desirability or undesirability, approval or disapproval of our actions.
Webster Seventh New Collegiate Dictionary defines ethics as the
51
discipline dealing with what is good and bad and with moral duty and
obligation. Ethics can also be defined as a normative science of conduct
which is concerned with the right thing to do.

Ethics and morality are often used interchangeably. But Odunewu

(2000) points out the difference as follows: "while morality refers to
behaviour that is acceptable, ethics deals with the criteria by which
decisions about right and wrong are made". Those who lead ethical lives are
generally regarded as "good" people. The Josephson Institute for the
Advancement of Ethics (Josephson Institute, 2003) identifies certain values as
being essential to ethical life. They are:
a. Honesty
b. Integrity
c. Promise-keeping
d. Fidelity
e. Fairness
f. Caring for others
g. Respect for others
h. Responsible citizenship
i. Pursuit of excellence
j. Accountability.

Let us now take these concepts one by one and discuss what they mean or
imply in their ordinary sense, at least.
a. Honesty implies telling the truth always. Honest people are
generally respected even if they are poor. The universal belief is that

52
 such people will be ultimately rewarded. Hence, the popular maxim:
"Honesty is the best policy".
b. Integrity is being in a "state of entireness, or wholeness, or an
unimpaired state of uprightness, honesty and purity" (Akinfeleye,
2005).
c. Promise-keeping means discharging obligations and honouring
agreements.
d. Fidelity means being loyal and faithful to one's spouse, friend,
business partner, associate, comrade, or beliefs.
e. Fairness involves treating each person or each case equally and
according to the rules or law.
f. Caring for others is the mark of kindness and generosity
g. Respect for others is a mark of humility, tolerance and patience.
h. Responsible citizenship means being law-abiding, doing one's
civic duties, such as paying tax, voting and respecting constituted
authority and maintaining peace and tranquility in one's
neighbourhood and work place.
i. Pursuit of excellence means commitment to the highest
standards both in personal life and in the world of work. It implies
not given to the acceptance of mediocrity, and being willing to go
the extra mile to ensure that things are done properly, regardless of
personal cost.
j. Accountability means proving that one has performed one's duty
creditably and is willing to submit oneself for scrutiny.

Why Ethics is Human

53
From the foregoing, it is evident that only the higher animal, that is, man
should be concerned with ethics. The lower animals cannot show concern
for ethics, nor can they be held accountable for their actions.

What then are the things about humans that make them concerned about
ethics? Okunna (1995: 3) identifies the following as the characteristics of
humans which predispose them to being ethical beings:
a. Human beings are rational
b. Human beings are social
c. Human beings are learning beings
d. Human beings have feelings

a. Human Beings are Rational

Humans are endowed with intellect which enables them to reason. The lower
animals do not have intellect but instinct. It is this instinct which enables
them to live their lives: catching their prey, eating, escaping from danger
and procreating. Even though some animals like dolphins, apes and dogs
exhibit what one might be tempted to call intelligence, they are still
regarded by experts as not to be ascribed intelligence, which is the preserve
of man.

At the same time, some human beings sometimes act in ways which tend
to suggest that they are just like animals, that is, behaving irrationally or
out of instinct. This is probably why the ethical philosopher, Immanuel
Kant, believes that the greatest good can be achieved if humans will follow
their rational nature and suppress their instincts.

b. Human Beings are Social Animals

54
Also, according to Kant, man‘s relationship with other humans is his
motivation for being ethically-minded. Indeed, according to another
philosopher, Erich Fromm, man finds fulfillment only in relation with his
fellow man. It is this social nature of man that is also responsible for human
progress. If man lived on earth merely to satisfy his biological needs, it would
not have mattered how other human beings regard him. But human beings
are concerned about what others think about them, and indeed, how they
will be remembered when they die.

c. Human Beings have Feelings

Only humans have the capacity to feel compassion for others. This is the
compelling reason why the mass media publish human interest stories, that
is, stories about humans which make others stop and think: ―this is a human
being like myself. Because humans have feelings they act in morally
acceptable ways which promote solidarity and togetherness.

d. Human Beings are Learning Beings

Only humans learn from experience, and this enables them to cultivate norms
of ethical conduct aimed at ensuring societal continuity. If there is no
experience, there will be no foresight. Knowledge is acquired not only from
personal experience but also from other people‘s experiences recorded in
books and the other mass media, or passed on as oral tradition from one
generation to another.

Law and Ethics Compared and Contrasted

Law and ethics may have the same basic objective, namely, to ensure order,
protect the rights of the individual and preserve the state. Yet, they differ in

55
their peculiar characteristics and processes. The following are the basic
differences between law and ethics.
a. Law is imposed by the outer society, while ethics is self-
imposed and self-enforced (e g. by a professional body for its
members).
b. Law has a definite effective date while ethics has no effective
date.
c. Law can expire, or be repealed, but ethics is continuous.
d. Law has more formal institutions, such as the legislature, police,
judiciary (the courts, tribunals, court-martials, etc.) penitentiary
(prison, reformatory, etc), but ethics has less formal institutions
for its formulation and enforcement. Indeed, the chief enforcer of
ethics is the conscience.
e. While morality protects a way of life by tabooing immoral
action even before it takes place, laws only provide a resource
after the deed has been done‖, according to Caster (1983).
Summary
A good man is so regarded because he is ethically minded and leads his life
in morally acceptable ways. On the other hand, a bad man is bad because he
is not morally upright. In all societies, there are standards by which actions
can be regarded as good or bad. Without a concern for ethics there will be no
difference between a human being and an animal.

In this lecture, we have discussed the essence and purpose of ethics. We

saw several definitions of ethics and the difference between ethics and
morality, even though they are often used interchangeably.

56
We also listed and explained values which are essential to the ethical life.
They are honesty, integrity, promise-keeping, fidelity, fairness, caring for
others, respect for others, responsible citizenship, pursuit of excellence and
accountability.
Also, ―it was pointed out that ethics is of particular concern to humans
because they are rational, sociable, capable of learning and have feelings.
Finally, we compared and contrasted ethics with law, drawing the
similarities and differences.

Post-Test
1. What is the difference between ethics and law?
2. Discuss the ethical constructs of a communicator.
3. How would you explain ethics?

References
Akinfeleye, R. A. (2005). ―Journalistic Integrity in Political and
Economic Reporting‖, a Paper presented at the Nigerian Press Council
National Workshop on Reporting Politics and the Economy –
Responsibilities of the Mass Media‖, Held at Aja, Lagos, Nigeria,
From October 18-21, 2005.
Caster, H. (1983). Cited in Egbon, M. (2006) ―The Problems of Ethics in the
Mass Media‖, A Paper presented at the Nigerian Press Council
National Workshop on ―The Line Editor as a Gatekeeper‖ Held
at Aja, Lagos, Nigeria, from April 9 – 12, 2006.
Fromm, E. cited in Okunna, C. S. (1995). Ethics of Mass
Communication, Enugu: New Generation Books, 3-4

57
Josephson Institute for the Advancement of Ethics (2003). Resources:
Making Ethical Decisions, www.josephsoninstitute.org
Odunewu, A. (2000). ―Ethics and Professionalism‖ in Arogundade, L.
and B. Eitokpah (eds) Media in a Democracy, Lagos:
International Press Centre and Friederich Ebert Foundation, 1
Okoye, I. E. (2005). ―Public Relations Ethics‖ a Paper presented at a
Workshop organized for Public Relations Officers of the Lagos
State Government, at Alausa, Ikeja, in November 2005
Okunna, C. S. (1995). Ethics of Mass Communication, Enugu: New
Generation Books, 3-4

58
LECTURE SIX: THEORIES OF ETHICS

Introduction
Different people are likely to behave differently when faced with the
same ethical situation. This is because of their divergent ethical
orientations. An individual's ethical orientation is responsible for his
ethical response. This is why it is necessary to understand ethical
theories.

Objectives
At the end of this lecture, you should be able to:
 define and give examples of teleological ethical theory
 define and identify examples of deontological ethical theory
 identify all the other ethical theories subsumed under the
teleological and deontological ethical theories.

Pre-Test
1. What are ethical theories?
2. Assess the difference between consequentialism and non-
consequentialism.
3. What is your reaction to the idea of ethical universalism? Why?

CONTENT
Ethical Theories
Theories are ways of explaining phenomena. Theories of ethics are ways of
explaining ethical orientations. Okunna (1995:9) points out that ethical
59
theories generally attempt to do one or a combination of the following:
explain, describe, prescribe or predict ethical behaviour or standards. They
are explanatory when they give reasons why humans take whatever moral
decisions in their dealing with others. They are descriptive when they tell us
the nature of ethics in general. They are prescriptive when they stipulate
how people should behave in certain ethical situations. They are
predictive if they indicate how people are likely to behave under certain
ethical situations.

Ethical theories can be divided into two main classifications:

1. Teleological (or consequentialism) and
2. Deontological (or non-consequentialism)

Within each of these groups, there exist several clear-cut ethical schools of
thought. Let's now consider each school and its subgroups.

1. Teleological Ethical Theory or Consequentialism

This is concerned with the result of the action. An action is considered as
good if it produces good results. Hence, those who subscribe to this ethical
orientation are called consequentialists. Within the teleological school there
are three subgroups. They are: utilitarianism, egoism and pragmatism.

The ethical utilitarians believe that people should act in the best
interest of everyone concerned. Their catch-phrase is "the greatest good for
the greatest number". Their consuming passion is the good of the majority,
rather than the interest of a single individual. This may appear all right on
the surface. But, according to Pasqua et. al., (1990: 259), the problem
60
may arise as to the acceptable assessment of what constitutes the
greatest number.

The ethical egoists, on their part, believe that people should act in their
own self interest. Even among ethical egoists, there are two subgroups, the
universal egoists and the personal egoists. The universal egoists simply
believe that each person should act in his own best interest, while the
personal egoists believe that each person should speak for himself as to
what he wants.

Ethical Pragmatism is the third subgroup under the teleological school. It

insists that that which works in real life is the right thing to do. In other
words, for pragmatists, truth is what works in the real life of human
behaviour. Pasqua et al (ibid: 260) describe pragmatism as the ethical
theory with a pure American origin. A proponent of "pragmatism of
instrumentalism", John Dewey counsels that the individual is required to
tackle the problems of an ever-changing world with "an adaptable set of
standards necessary to cope with changing situations". Dewey does not
agree with "extreme rationalism and extreme empiricism" as the key to the
solution of problems. However, journalism professor and authority on
media ethics, John Merrill, warns that pragmatism should have its limits.
The fact that something works does not necessarily make it good. For
example, a pragmatic journalist could use dishonest persuasion on a
highly vulnerable and trusting audience, on the mere justification that the
method works. But this could be dangerous.

61
Deontological Ethics or Non-Consequentialism
This ethical school maintains that a good action should not depend 'on the
result or consequences, but rather on its intrinsic value, hence the adherents
of the theory are called non-consequentialists. Pasqua et. al (ibid) identify
three variants of the deontological ethical school of thought. They are:
divine command theory, Kant's duty ethics and natural law theory. Let's
now consider their explanations one by one.

Divine Command
This theory maintains that whatever God commands is right, since God is
infinitely good and infallible. Conversely, whatever God forbids is wrong.
This way of reasoning is all right with those who believe in God. To the
atheists, this is a very subjective way of reasoning. And they ask the
following question: is something right or wrong because it is God's
command, or does God only command or forbid it because it is already right
or wrong?

Kant's Duty Ethics

An advocate of deontological ethics, Immanuel Kant (1724-1804),
formulated the duty ethics, now named after him. He maintains that a good
man is one who habitually acts rightly, and that a right action is that which
is done from a sense of duty. In other words, duty ethics calls on people to act
from a sense of obligation. And this obligation springs from reason rather
than experience. Thus a moral principle will not depend on empirical data
and will be binding on everyone. This is what Kant calls the Categorical
Imperative.

62
A good action, according to Kant, is not good because it produces result, but
rather because it is a moral action done from a sense of duty to the moral law.

Natural Law Theory

Natural law ethical theory derives from the dictates of reason. Its
adherents do not have to believe in God, but believers and unbelievers alike
can converge on an ethical middle ground based of reason.

According to Pasqua et. al.(ibid: 261), most great national and

international documents of the 20th Century, such as the United Nations
charter, are based on natural law ethical theory. Also, most of the rights now
enjoyed universally by individuals and the media derive from natural law.
John Hospers, a contemporary philosopher divides these basic rights into
six. They are:
1. Right to life
2. Right to property
3. Freedom of expression
4. Welfare rights
5. Rights of children, and
6. Rights of animals

Other Ethical Theories

Some other ethical orientations deserve mention as they fall under either the
teleological or deontological theories. They include but are not limited to:
Ethical Universalism, which is the idea of having a common set of ethics
guiding members of the same profession where ever they may be in the
world. An advocate of ethical universalism, Callahan (2003) argues that,
63
since all human beings have a common human nature always and
everywhere, and share universals such as language, reason, emotions and
family systems, there should be a common morality that would ensure societal
continuity.
Absolutist ethics, which maintains that a right action is right at all times.
Relativist ethics, which permits that moral standard, could vary according
to cultures, circumstances and times.
Objectivist ethics, which emphasizes rationality in judging ethical conduct,
Subjectivist ethics, the opposite of objectivist, which allows that ethical
standards could be subject to feelings and emotions of the individual making
the moral decision,
Legalistic ethics, which takes on a rigid way of looking at things, as of
law,
Antinormian ethics, the antithesis of legalistic ethics, which is a very
liberal way of looking at ethics and
Situational ethics, which considers the rightness or wrongness of an action
based on the particular situation or circumstance in which the doer finds
himself.

Summary
When you see two otherwise respected individuals taking opposing
sides in an issue such as abortion, for instance, you can now understand
that their ethical orientation may be responsible for the way they think. Of
course, three important factors are responsible different people's ethical
development. They are cultural background, individual differences and
situational contingencies. A good understanding of these things will make

64
for better understanding of people and their ways, and enhance peace in the
world.

In this lecture, we considered the two broad divisions of ethical theories,

namely, teleological and deontological. It was explained that the
teleological theory considers a good action on the results it produces
while the deontological theory considers a good action on its intrinsic
value. The apostle of deontological ethics, Immanuel Kant, maintains
that it is the duty of man to do the right thing always. This is what he
calls the "Categorical Imperative".

Within the teleological group, there are three main sub groups. They are
the ethical utilitarians, the ethical egoists and the ethical pragmatics. All
these sub groups have their different points of emphasis which make
them unique.

Also within the deontological school of ethics there are different sub
groups, such as the divine command adherents, Kant's duty ethics
adherents and the natural law adherents. However, since the natural law
position is independent of any religious orientation, it is the school of
ethics adopted in the drafting of all international charters. Accordingly,
most of the universal freedoms enjoyed everywhere in the world today
derive from the natural law ethics.

Post-Test
1. Attempt the pre-test questions again
2. Would you say Nigerian media are ethically responsible?
65
3. Why do you think the fourth estate of the realm should be ethically
responsible?

References
Callahan, S. (2003). "New challenges in globalization for journalism"
Journal of Mass Media Ethics, 18, 13-15
Okunna, C.S. (1995). Ethics of Mass Communication, Enugu: New
Generation Books, p.9.
Pasqua, T.M., J.K. Buckalew, R.E. Rayfield, and J.W. Tankard (1990).
Mass Media inthe Information Age (Instructor's Edition), New
Jersey: Prentice Hall, 262.

66
LECTURE SEVEN: THE REGULATION OF THE MASS MEDIA

Introduction
Press freedom is the absence of prior restraints and governmental attacks on
the press and journalist for expressions of ideas, information and opinions
made in the overall interest of the citizens of a society. Press freedom is
essential to provide participation for the citizens of a society regarding the
utilization and management of their resources for improving the wellbeing
of all and sundry. The compelling reasons why the media are regulated are
examined in this lecture.

Objectives
At the end of this lecture, you should be able to do the following:
 understand why the mass media is regulated the world over
 know what media laws are
 understand what media ethics is

Pre-Test
1. Attempt a thorough explanation of press laws
2. How justifiable are the reasons for media regulation?
3. What is mass communication ethics?

CONTENT
Why the Mass Media is Regulated the World Over
All over the world, governments regulate various fields of human
endeavour. Thus, banking, education, health care delivery, hotels, etc., are
67
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 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
b) statutes
c) ethical guidelines
d) informal restraints.

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 (NT
A) 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

68
Examples are beat associations and other informal arrangements which
impose certain demands on members.

What then are Media Laws?

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 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).
69
However, many authors limit their discussion of mass-communication law
to press law, as it was in the beginning. This is due to the fact that 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 media or mass-communication
consists of other channels in addition to the press. We shall, therefore, restrict
our discussions in this text to press law.

What are Press Laws?

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.

70
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.

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

In the following sections, we shall discuss only the laws which are
universally imposed in civilised societies, that is, the laws of
71
defamation, libel, sedition, slander, copy right and plagiarism. But before
then, we need to know more about freedom of the Press, including its
legal basis and constraints.

What is Mass Communication Ethics?

It has been pointed out that ethics is basically self-imposed and self-enforced.
Mass communication ethics is, therefore, the set of moral guidelines which
the mass communication professionals have articulated to guide their
professional conduct. Ethics compels the professional to consider his/her basic
principles and values, his/her obligations to himself/herself and to others. It
compels the professional to decide how to live, how to conduct his/her
professional affairs, how he/she will think, act and react to people and issues
around him/her.

Journalistic ethics is subsumed in mass communication ethics, since

journalism is only a part of mass communication. Merrill defines
journalistic ethics as:
the branch of philosophy which helps
journalists to determine what is right to
do, by giving the journalist standards by
which he can judge actions to be right or
wrong, good or bad, responsible or
irresponsible.

Furthermore, according to Merrill, it defines what is good or bad

journalism and details the obligations of journalists to the profession, to the
society and to democracy.
72
Who is a virtuous journalist?
A virtuous journalist is the one who has respect for and tries to live by the
cardinal virtues which Plato prescribes in The Republic (Merrill, ibid). The
cardinal virtues which Plato prescribes in The Republic are: wisdom, courage,
temperance and justice.
1. Wisdom
Wisdom can be defined as the correct application of knowledge. It is what
gives direction to moral life and it is the rational, intellectual base for any
system of ethics. Wisdom is partly natural and partly acquired. It is acquired
through the following ways: maturing, life experiences, study, association,
etc.
2. Courage
Courage is needed to resist the temptation to do the wrong thing, that is,
deviate from the path of wisdom. In other words, it helps a person to pursue
the goal which wisdom has helped set for him/her.
3. Temperance
This is the virtue which demands reasonable moderation. It helps people to
avoid fanaticism in the pursuit of any objective, that is, knowing where
to apply the brakes, as it were.
4. Justice
Justice is the virtue which considers a person's "deservingness". It refers
more specifically to a person's social relations. All men should be
treated equally, but equal treatment simply does not satisfy
"deservingness". A person gets what he deserves. For example, if there is
only one seat available for two persons, justice, at least in the African
73
culture, demands that the older person should be offered the seat while the
younger person stands until another seat is fetched for him. Looking at
another scenario, should a young man be stoned to death for snatching a
wallet at a bus stop? Does he deserve to die for that minor offence? That
is jungle justice, which is no justice at all.

Summary
We can see that the mass media is regulated by laws and a system of
ethics. This is despite the fact that they are a vehicle through which people
express their fundamental rights of free expression. Without some form
of regulation^ the media could be misused by unscrupulous persons to the
detriment of the society.

In this lecture, we have looked at the compelling reasons why the mass media of
all societies are regulated. Regulation means that they are checked to
some extent by laws and ethics. Specifically, the regulation comes in form
of constitutional provisions, statutes, ethical guidelines and informal
restraints.

Mass communication law, media law and press law are used
interchangeably to mean
"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" (Malermi, 1999: 3)

74
Media ethics, on the other hand, is that branch of philosophy which helps
the media professionals to set standards of moral conduct. It helps those in
journalism, for instance, to decide what good and bad journalism is, and what
is acceptable or unacceptable in the performance of their duties of
gathering, processing and dissemination of a wide variety of messages
designed for enlightenment and entertainment.

The lecture also asked the important question: who is a virtuous journalist?
The question was answered by foremost media ethical philosopher, John
Merrill, who says that a virtuous journalist is the one who has respect for and
tries to live by the cardinal virtues which Plato suggested in his classical
treatise, The Republic. The virtues are wisdom, courage, temperance and
justice. We went on to explain what each virtues entails.

Post-Test
1. Carry-out an assignment on the difference between journalistic ethics
and mass communication ethics.
2. Attempt the pre-test questions again.

References
Malemi, E. (1999). Mass Media Law: Cases and Materials, Lagos: Grace
Publishers Inc.
Merrill, J.C. (1982). "Ethics and Journalism", in Ethics and the Press:
Readings in Mass Media Morality, New York: Hastings House
Publishers. 10-11

75
Momoh, T. (2002). Nigerian Media Law and Ethics, Lagos: Efua Media
Associates.
LECTURE EIGHT: DEFAMATION

Introduction
This lecture is concerned with discussions on the constitutional provision for
protecting the reputation of people resulting from injurious statements or
acts by others. The need to safeguard the plaintiff‘s interest in the good
opinion which other people hold of him must not be undermined.

Objectives
At the end of this lecture, you should be able to:
 know what defamation is
 define what Criminal Defamation means
 understand the purpose of the law of Defamation
 understand what is meant by "Right -thinking members of
society."
 know the essentials of Defamation

Pre-Test
1. Who are ―right thinking members of the society‖?
2. Defamation can be a civil or a criminal act. Explain
3. Discuss the essentials of defamation.

CONTENT
What is Defamation?

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Defamation can be defined as the transmission to a third party, either orally
or in writing, of information which tends to damage the reputation of another
person. It is the publication of a statement, which exposes a person to hatred,
ridicule, contempt and/or causes him to be shunned or avoided by right
thinking members of society.
Experts (e.g. Ewelukwa, 2004: 209; Malemi 1999:74, etc) are all agreed that
for a statement to be defamatory of a person, that statement must be false and
calculated to:
a. Lower him in the estimation of right-thinking men; or
b. Cause him to be shunned or avoided, or
c. Expose him to hatred, contempt or ridicule, or
d. Convey an imputation on him disparaging or injurious to him in
his office, profession, calling, trade or business.
e. Injure his financial credit

Similarly, the Penal Code states in Section 391, under Defamation, as

follows:

Whoever by words either spoken or reproduced by mechanical means or

intended to be read or signs or by representations, makes or publishes any
imputation concerning any person, intending to harm the reputation of such
person, is said ... to defame that person.

What is Criminal Defamation?

Defamation can be at once a civil as well as a criminal act. Indeed both the
Criminal and Penal Codes have provisions on defamation. Section 373 of
the Criminal Code defines defamatory matter as matter likely to injure the
77
reputation of any person in his profession or trade. Even a dead person can
be defamed, according to both codes.

Section 375 of the Criminal code stipulates that any person who publishes
any defamatory matter is guilty of a misdemeanor and is liable on conviction
to imprisonment, fore knowledge that the offending matter is false attracts
imprisonment for two years.
Section 376 states:

Any person who publishes, or threatens to publish, or offers to abstain from

publishing, or offers to prevent the publication of defamatory matter,
with intent to extort money or other property or with intent to induce any
person to give, confer, procure or attempt to procure, to upon, or for any
person, any property or benefit of any. Similarly, the Penal Code stipulates
in Section 392, that "Whoever defames another shall be punished with
imprisonment for a term, which may extend to two years or with fine or with
both"

What is the Purpose of the Law of Defamation?

The purpose of the law of defamation is to protect the reputation of people
resulting from injurious statements, or acts by others. It is concerned with
safeguarding the plaintiff‘s interest in the good opinion which other people
hold of him. For this reason, both the Criminal and Penal Codes emphasizes
that the offending publication must not be false. (In due course, we shall
see that truth is a strong defence to defamation). And should any injury be
established in the person's reputation, office, trade or profession, such injury
must be compensated.
78
However, if the plaintiff has no reputation in respect of what is said, then
the law cannot protect him and he will not be entitled to any redress. For
example, if the person has been expelled from school for certificate forgery, it
will not be defamatory to call him a "bloody liar" or "rogue'.

Who Are "Right - thinking Members of Society?"

Of course, an important condition for the establishment of defamation is that
the statement should be such that lowers the plaintiff in the estimation of
right - thinking members of the society generally. This means that if a
member of the plaintiff‘s social club testifies that the plaintiffs estimation
has been reduced in his own estimation or that of their club member, it is
not enough to establish defamation. Thus, a section of the community does
not amount to the general public. According to Malemi (19-99:76), the
Supreme Court had ruled in Egbuna V. Amalgamated Press of Nigeria Ltd,
that in finding out the standard of the right - thinking members of society
the court usually does not include:
 on the one hand, persons who are so lax or so cynical that they would
think none the worse of a man whatever was imputed to him, and on
the other hand, those who are censories as to regard even trivial
accusations (if they were true) as lowering another's reputation, or who
are so hasty as to infer the worst meaning from any ambiguous
statement.... The ordinary citizen ... is neither usually suspicious or
usually naive, and he does not always interpret the meaning of
words as would a lawyer, for he is not inhibited by a knowledge of the
rules of construction.

79
By excluding the two extremes of the naive and those who may be too
sensitive, the Supreme Court seems to have arrived at the general public as
constituting right - thinking members of society.

What are the Essentials of Defamation?

The following points must be proved for an action of defamation to
succeed in court.
1. Publication
The offending statement must have been published. Publication means that
the statement was communicated to a third party, other than the plaintiff.
The writing of a libelous matter or the speaking of a slanderous matter to
only the plaintiff does not amount to publication. For example, if you receive
a letter from a jilted lover in which she thoroughly abused you, but there is no
proof that she copied the letter to any other person, you cannot sustain an
action of defamation against her. However, the plaintiff must give the
name of that third party in court as evidence that the offending matter was
actually published.

Furthermore, communication of defamatory matter by husband to wife and

vice versa, does not amount to publication since they are regarded as one
person, for that practical purpose.

2. Malice
Another essential ingredient of defamation is that the offending statement
must have a malicious intent. Malice is evil motive or spite. If the plaintiff
can prove the existence of a malicious intention, the defence of fair
comment by the defendant will be defeated.
80
3. Damage
Damage is quantifiable loss as a result of the defamation. In a situation where
the defamatory statement is not actionable per se on mere publication, the
plaintiff must prove some special or actual damage to succeed in his claim.

4. Repetition
Though it is not an essential condition for defamation, every repetition of a
defamatory statement in writing, orally or in any other form, amounts to a
fresh publication. And this may create a fresh cause of legal action.
Repetition and dissemination of defamatory matter may necessitate the suing
of the printer, publisher, author and vendor news agent, in the case of books,
newspapers and magazines.

This is as far as the theory goes. But in practice, vendors are rarely joined
in any action of defamation, as the law views their involvement leniently,
regarding them as innocent disseminators. However, should a vendor be
joined in an action, he can easily be let off the hook if he can show that he
did not know that the matter he is circulating is libelous and that his
ignorance is not due to negligence on his part.

What is Innuendo?
Innuendo is where defamation occurs, not by the natural meanings of the
words used, but by some kind of inference or connotation. If a plaintiff
alleges innuendo, then he must establish that the particular meaning of the
word used refers to him and can be understood as such.

81
There are two kinds of innuendo: true (legal) innuendo and false
(popular) innuendo. It is a mere academic exercise trying to distinguish
between true and false innuendo, since in either case the court would require
the plaintiff to prove that the matter complained about was to his discredit.
(Ewelukwa, 2004:218).

What is Unintentional Defamation?

A person who suffers defamation through any publication can sue and collect
whether or not the offensive matter as intended to ridicule him. If an author
creates a fictitious character in a fictional book or film and it defames a real
person whom the author never knew existed, the real person can bring an
action.

According to Ewelukwa (Ibid), it is to forestall this kind of situation, which

could cause hardship for writers and publishers of fiction, that the law of
defamation has been amended in many countries, including Nigeria. The
change allows for the publication of a reasonable correction and apology
in the case of unintentional defamation. This is to forestall litigation and the
eventual award of damages.

Assent to Publication
If a person assents to a publication either expressly or impliedly, then he has
no case if some people now interpret that publication to be negative of him.
It is more so if the ordinary meaning of the published matter is not
derogatory.

82
Summary
It is important for journalists to understand the essence of the law of
defamation, and be properly guided in their day to day official activities and
even in their private lives. Ignorance of the law has never been and can never
be a defence. In the Colonial era, many well meaning but ignorant
nationalist-journalists were jailed because they were ignorant of the law of
defamation and how to escape it. The law of defamation is to protect the
reputation of persons from undue injury. Also, it is not sufficient to institute an
action of defamation. The plaintiff must prove the essentials of defamation
discussed in the lecture for the action to succeed.

In this lecture, we have defined and explained what defamation means in law.
We have seen the explanation of criminal defamation as well as the purpose
of the law of defamation itself. We have also looked at the essentials of
defamation. They include publication, malice, damage and repetition. Any of
these can sustain a case of defamation. We also saw the definition and
explanation of innuendo. We defined and explained what constitutes
unintentional defamation. Lastly we have seen that an indispensable
condition for the establishment of defamation is that the statement should be
such that lowers the plaintiff in the estimation of right thinking members of
the society. We then saw the definition of the expression "right thinking
members of the society," from a Supreme Court pronouncement.

Post-Test
1. Re-try the pre-test questions.
2. What is your own explanation of an unintentional defamation?

83
References
Ewelukwa, B.N. (2004). Introduction to Nigerian Press Law, Onitsha:
Maranatha Press Ltd.
Malemi, E. (1999). Mass Media Law: Cases and Materials, Lagos:
Grace Publishers Inc.

84
LECTURE NINE: LIBEL AND SLANDER

Introduction
Any attempt to reduce a person‘s reputation in the eyes his associates is a
flagrant violation of his right to his treasured name. Here, classes of
defamatory statements, that is, libel and slander are examined. The
determinants of vulgar abuse are also x-rayed.

Objectives
At the end of this lecture, you should be able to:
 demonstrate what libel means
 explain the meaning and instances of slander
 define and explain what vulgar abuse means

Pre-Test
1. Define libel.
2. Define slander.
3. Exa mine the circumstances that can make the court to
dismiss a case as a mere vulgar abuse.
4. What defences to defa mation are open to journalists?

CONTENT
What is Libel?
Much as the 1999 Constitution provides for freedom of expression in Section
39 (1) and the freedom to own the media for the expression of ideas in 39

85
(ii), it also provides for the protection of the right of the individual and
national security. In section 45, the constitution provides:
Nothing in section 37, 38, 39, 40 and 41 of
this Constitution shall invalidate any law that
is reasonably justifiable in a democratic
society
a. in the interest of defence, public safety, public order, public
morality or public health; or
b. for the purpose of protecting the rights and freedom of other
persons.

Momoh (2004: 116) identifies a person's reputation as one of the

protections he enjoys as per the above constitutional provision. Any attempt
to reduce a person's reputation in the eyes of those who know him is a
violation of his right to his good name. If the offending statement is in a
permanent form, he is said to have been libeled.

Definition of Libel
Thus, Ewelukwa (2004:212) defines libel as defamation by means of
writing or by any other permanent form such as video tapes, pictures,
signs, cartoons, paintings, statues etc.

Malemi (1999:77) also defines libel as a defamatory statement made in a

visible or permanent form such as written or printed statements as in books,
newspapers, notes, circular, letter, or by way of effigy, caricature,
painting, photograph, film, radio, and television broadcasts, any recorded
audio - visual material and so forth
86
Furthermore, citing the case of Union Bank of Nigeria V R. Oreden & Anor,
Ewelukwa identifies the following as the conditions for libel.
a) The publication must be in writing
b) The publication must be false
c) The publication must be published to some other person aside
from the plaintiff and the defendant.
d) The publication must refer to the plaintiff and must be
defamatory of him.
e) The publication must be by the defendant.

What is Slander?
Slander is defamation through the spoken word or gesture. It is not
generally actionable upon mere publication. However, there are instances
where slander could be actionable per se, that is, without proof of special
damage.

They include:
1. Allegation of a criminal offence punishable with imprisonment, such
as theft, rape etc.
2. Imputation or allegation of a contagious disease which may
necessitate the exclusion of the suffered from other members of
society e.g. AIDS, leprosy etc.
3. Allegation of unchastely against a young woman.
4. Imputation of incompetence or unfitness against a workman, which
can injure him in his trade, office, trade or profession.

87
What is Vulgar Abuse?
It has been pointed out by lawyers that many otherwise slanderous
statements may be dismissed by the court as mere vulgar abuse. If there is a
hot exchange of abusive words between two persons, as is often the case in
the Lagos traffic, can an aggrieved party sue and claim damages slander?
Experts say that the court will examine the particular circumstances under
which the offensive words were spoken. The court will not dismiss the
offence as mere vulgar abuse where the words spoken alleges specific
acts of wrong doing or a crime which will lead to the person being shunned
by the public or being arrested by the law enforcement agents. For
example, if a person is falsely accused of being a cocaine pusher which leads
to his being arrested and detained by the police, it will not be dismissed as
mere vulgar abuse.

Summary
It is obvious that the freedom of expression which is a fundamental human
right, and expressly guaranteed, by the constitutions of free societies, is by
no means an absolute privilege. The law of libel imposes one notable
limitation to curtail freedom of expression, aimed at protecting the
reputation of persons. Many of those abuses traded in the street may also pass
as vulgar abuse, while others indeed are quite capable of attracting actions
of slander. A wise man should, therefore, exercise restraint when he talks no
matter the degree of provocation.

In this lecture, we have looked at the classes of defamation, that is, libel and
slander. The difference between libel and slander is basically that, while libel
88
is in a permanent form, slander is not. We looked the definitions and
conditions for the occurrence of both libel and slander. Lastly, we saw what
constitutes mere vulgar abuse and who determines whether a particular case
can pass as mere vulgar abuse or can be considered as slander.

Post-Test
1. Attempt the pre-test questions again.
2. Explain why slander is not generally actionable.
3. Discuss the remedies for defamation.

References
Ewelukwa, B.N. (2004). Introduction to Nigerian Press Law, Onitsha:
Maranatha Press Ltd.
Malemi, E. (1999). Mass Media Law: Cases and Materials, Lagos:
Grace Publishers Inc.

89
LECTURE NINE II: DEFENCES TO DEFAMATION

We shall now consider eight defences to defamation that are open to

journalists, authors, publicists, publishers, etc.
They are:
1. Justification or truth
2. Fair comment
3. Privilege
4. Consent to Publication
5. Death of the Plaintiff
6. Res Judicata
7. Accord and satisfaction
8. Innocent dissemination

1. Justification or truth
If the publication complained about is true, entirely or even
substantially, it can form a solid defence to defamation. But the onus is on
the defendant who pleads justification to prove that the publication is true.
2. Fair Comment
It is also a defence against defamation if the defendant can prove that the
publication complained about is a fair comment made in the interest of the
public. Indeed, since the constitution charges the press to make government
accountable and uphold the fundamental objectives of the Nigerian state, it
follows that fair comment made in respect of any public officer or public
figure on any matter of public interest can form a defence against an action for
defamation.
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Ewelukwa (2004:224) insists that for a comment to be "fair comment" it must
satisfy the following conditions.
1. The matter commented on must be of public interest.
2. The matter commented on must be an expression of opinion by
the defendant and not an assertion of fact by him.
3. The comment on the plaintiff must be fair.
Indeed, the beauty of fair comment is that if a commentator expresses an
honest opinion on a matter of public interest, it does not even matter if the
opinion is wrong in that it will bring the subject of the comment to public
ridicule. It is still a solid defence against an action of defamation.

3. Privilege
Privilege means a benefit or immunity enjoyed by someone or a class of
people which does not apply to the general public. In communication,
privilege is the freedom enjoyed in certain circumstances whereby
statements can be made without the bogey of an action of defamation. As a
defence against defamation privilege is in two kinds: absolute and qualified
privilege.
(a) Absolute Privilege
Absolute privilege is the unhindered liberty to make statements orally
or in written form to the extent that anyone who feels that he has been
defamed by the statement cannot seek redress in a law court, nor can
the court entertain such as action. This is regardless of whether the
statement is false and/or malicious.
Those who enjoy absolute privilege in the courts of their official duties
include the Head of State, governors, High Court judges, magistrates, even
lawyers and witnesses, legislators. Thus no action can be brought against any
91
of the above mentioned if they defame any one in the course of their official
duties. Also, communication between husband and wife enjoys absolute
privilege.
(b) Qualified Privilege
There is qualified privilege to make defamatory statements when the
person who makes it has a duty, legal, social or moral, to make it and
the person to whom it is made has a duty, legal, social or moral, to
receive it. However, the statement must have been made honestly and
without malice; for, malice defeats privilege.

Qualified Privileges of Newspapers

Ewelukwa (2004:228) writes that in the defamation laws of many states in
Nigeria newspaper reports enjoy qualified privilege if they satisfy the
following criteria.
a) They are fair and accurate reports of legislative proceedings.
b) They are fair and accurate reports of the public proceedings of the
conference of an international organization of which Nigeria or any of
its states is a member.
c) They are fair and accurate reports of any public proceedings of an
international court.
d) They are fair and accurate reports of any proceedings in public of a
body or person appointed to hold a public enquiry by the
government or legislature of any part of the Commonwealth outside
Nigeria.
e) They are fair accurate reports of any reports of any proceedings before
a court exercising jurisdiction throughout any part of the

92
 Commonwealth outside Nigeria under the Nigerian Army Act 1990
or the Nigerian Navy Act, 1990.
f) They are fair and accurate copies or extracts from any register kept
in pursuance of any law or Act which is open to inspection by the
public or any other document which is required by any law or Act to be
open to inspection by the public.
(g) Notice of advertisement published by or on the authority of a court
within Nigeria or office of such court.

4. Consent to Publication
If a person willingly invites the press to cover his function or he grants an
interview on his own volition, then the press can plead consent if the person
turns round to bring an action of defamation. However, if the publication goes
beyond the limit of the initial approval, there may be grounds for an action.

5. Death of the Plaintiff

If the person allegedly defamed is dead, it will be difficult to sustain the action
because reputation is a personal possession and only the owner of the
reputation can sue for it.

6. Res Judicata
If a case of defamation has been tried, lost and won, it will be a waste of time
to file a fresh action on the same matter. Res judicata is to say that the case
has come to a logical end and had died a natural death.

93
7. Accord and Satisfaction
It shall be a defence to defamation if there is a mutual settlement
between the two parties to the satisfaction of both of them.

8. Innocent Dissemination
The person circulating the offensive matter can plead that he is ignorant of
what he is disseminating and should therefore be excluded from any legal
action. The plaintiff and the court usually exonerates this category of persons
especially in view of the fact that they cannot pay any damages should the
case be awarded against them.

Remedies for Defamation

If a case of defamation has been established and accepted by the court, then
the plaintiff is entitled to one or a combination of the following remedies.
a) Damages
b) Injunction, which may be interim, interlocutory or perpetual.
c) Publication of retraction or correction
d) Publication of apology and offer of amends.

Summary
Without these defences against defamation, the task of journalists and other
public affairs commentators would have been a very dangerous one indeed.
But the law has provided adequate defences to protect all those with honest
and genuine intentions in the discharge of their duties. It behooves the
responsible journalist to carefully consider the defences available in each case
before making an incisive commentary of public interest.

94
In this lecture, we have looked at the defences against defamation. They are:
justification, fair comment, privilege, consent, and death of plaintiff. Others
are Resjudicata, accord and innocent dissemination. We also considered the
remedies for defamation, which include damages, injunction, retraction and
apology.

7. References
Ewelukwa. B.N. (2004). Introduction to Nigerian Press Law Onitsha:
Maranatha Press Ltd

LECTURE TEN: SEDITION

Introduction
Sedition is a comprehensive term which encompasses all those practices,
whether by word or deed, which are calculated to disturb the tranquility of the
state as well as subverting the government and the laws of the state. From every
indication, a seditious offence is quasi-political in nature. This lecture aims at
bringing to the limelight the constitutional basis of the law of sedition as well as
its vital aspects.

Objectives
At the end of this lecture, you should be able to:
1. define and explain what sedition is
2. understand the constitutional basis of the law of sedition
3. know the important aspects of sedition

95
Pre-Test
1. What is a seditious offence?
2. How would you trace the history of the law of sedition in Nigeria?
3. Citing relevant cases, discuss the defences to the offence of sedition.

CONTENT
The Law of Sedition in Nigeria has its origin in the English Common Law.
The earliest statutory provision for the offence in Nigeria is the
Seditious Offences Ordinance of 1909 which came into force on November
6 of that year, during the colonial administration of Governor E. Egerton.
This enactment which is in many respects identical with the present law
was incorporated into the Nigerian Criminal code which operates in the
Southern part of Nigeria.

The nature and definition of sedition has been stated by many eminent
writers and jurists. However, we propose to start with the ordinary
dictionary meaning of sedition. THE CONCISE OXFORD DICTIONARY
defines sedition as agitation against the authority of a State, conduct or
speech tending to rebellion or breach of public order.

This definition appears to embrace all the essential ingredients of the

offence of sedition. It is a truism that one of the most highly valued
attributes of a free and democratic society is the fundamental rights enjoyed
by members. The liberty to comment freely and publicly on matters of
common concern is an inalienable right of membership of a free society.
While the constitution guarantees freedom of expression, the law also
insists that this highly coveted and most cherished freedom should not be
96
exercised against the interest of the society which has granted it, hence, the
need for the law of sedition to check the abuse of freedom of expression.

The sections of the Criminal code and the Penal code defining the offence of
sedition point unequivocally to the fact that the provisions are directed
against possible internal disorder arising from dissatisfaction with the
existing form of government or with an existing government. The offence
is directed against those who may openly censure those by whom
authority is exercised and consequently desire and demand a change of
government in an unlawful manner. Improper public criticism of the
performance of public men in the affairs of the State however mild, if it is
expressive of a failure to achieve the expected standard obviously tends to
lower such men in the estimation of the ordinary citizen.

The offence of sedition is of the same family as the common law offence
of criminal libel. Libels directed at either individuals or a group has a
tendency to lead to a breach of the peace and it is in the interest of the State
to prevent such breaches of peace. In the Irish case of Reg V Sullivan,
Fitzgerald J. describing the nature of the offence of sedition, said in part
that ―sedition as a crime against society is allied to that of treason, and it
frequently precedes treason by a short interval.‖ Sedition in itself is a
comprehensive term and it embraces all those practices, whether by word,
or deeds which are calculated to disturb the tranquility of the State as well
as subverting the government and the laws of the State.

The objects of sedition generally are to induce discontent and insurrection

and stir up opposition to the Government, and bring the administration of
97
justice into contempt, and the very tendency of sedition is to incite the
people to insurrection and rebellion. Sedition has been described as
disloyalty in action, and the law considers as seditious all the policies which
have for their object, to excite discontent or disaffection, creation of public
disturbances, or to lead to civil war or to bring into hatred or contempt the
sovereign or the Government, the Constitution of the realm and generally
all endeavours to promote public disorder.

From every indication the offence of sedition is quasi-political in nature. It

is designed to ensure stability and orderly Government. It enforcement,
however, varies according to the type of Government in power and the
attitude of the courts. Thus, what is seditious if published under one
regime or Government may not be seditious under another.

Statutory Provisions of Sedition in Nigeria

Sedition is a criminal offence defined respectively by Sections 51 of the
Criminal Code and 416 of the Penal Code.

Section 50 of the Criminal code defines seditious publications as a

publication having a seditious intention. Section 50 (2) defines seditious
intention as an intention:

a) to bring into hatred or contempt or to excite disaffection against

the person of the President or the governor of a Region or the
Government of the Federation as by law established or against the
administration of justice in Nigeria; or

98
 b) to excite the citizens or other inhabitants of Nigeria to attempt to
procure the alteration, otherwise than by lawful means of any
other matter in Nigeria as by law established; or
c) to raise discontent or disaffection amongst the citizens or
other inhabitants of Nigeria; or
d) to promote feelings of ill-will and hostility between different classes
of the population of Nigeria.

This subsection, despite these stringent provisions, recognizes the right to

freedom of discussion. Thus, the citizen is allowed to make comments on
public matters and will not be guilty of having issued a seditious publication
if the only purpose of the comment was:
1. To show that the President or the Governor of a Region has
been
misled or mistaken in any of his measures in the Federation or
a region as the case may be; or
2. To point out errors or defects in the Government or Constitution
of Nigeria or by any region thereof as by law established or in
legislation or in the administration of justice with a view to
remedying of such errors or defects; or
3. To persuade the citizens or other inhabitants of Nigeria to
attempt to procure by lawful means the alteration of any matter
in Nigeria as by law established; or
4. To point out, with a view to their removal any matters which
are producing or have a tendency to produce feelings of ill-
will and enmity between different classes of the population of
Nigeria.
99
The offence of seditious publication is stipulated at Section 51 of the
Criminal Code. According to this section, a person may commit the offence
of sedition by:
1. Uttering printing, selling or offering for safe distributing
or reproducing a seditious publication; or
2. Importing any seditious publication; or
3. Attempting to do any act or make any preparation to do or
conspire with any person to do any act with a seditious
intention; or
4. Having in his possession a seditious publication without any
lawful justification.
The elaborate nature of these provisions introduces some degree of
certainty in the definition of the offence of seditious publication. And unless
the intention of the accused was to do at least one of the things stipulated
under Section 51 he should be entitled to an acquittal. Upon conviction to
the offence of importing seditious publication, the accused is liable, under
Section 51(1) for a first offence, to imprisonment for two years or to a fine
of N200 or to both such imprisonment and fine. And for a subsequent
offence to imprisonment for three years and any seditious publication shall
be forfeited.

Section 51(2) is to the effect that any person who has in his possession
seditious publication(s) without lawful excuse shall be guilty of an offence
and liable on conviction for a first offence to imprisonment for one year and
for a subsequent offence to imprisonment for three years and such
publication shall be forfeited. Section 52(1) provides that the prosecution
for sedition must be commenced within six months after the commission of
100
the offence. On the other hand, Section 52(2) provides that no prosecution
for sedition can commence without the consent of the Attorney-General of
the State or Federation.

The Penal Code also provides for sedition at sections 416 to 422. Section 416
of the Penal Code is an adaptation of section 124 A of the Indian Penal Code
and is designed to cover the same grounds as the corresponding provisions
of the Criminal Code. The word 'sedition' does not appear in section 416
but the objects of the provision are undoubtedly seditious. Section 416
defines sedition thus:
Whoever by words either spoken or
reproduced by mechanical means or
intended to be read or by signs or by visible
representation or otherwise excites or
attempt to excite any feelings of disaffection
against the person of Her Majesty, her heirs
or successors or the persons of the Governor-
General or the Governor of a Region, or the
Government or Constitution of the United
Kingdom or of Nigeria, or any Region
thereof or against the administration of
public justice in Nigeria or any Region
thereof, shall be punished with imprisonment
for a term which may extend to seven years
or with fine or both.

101
There are three explanations to this section.
1) The expression disaffection entails disloyalty and all feelings
of enmity.
2) Comments expressing disapproval of the measures of
the Government or the Government of the United Kingdom
or any Government of Nigeria with a view to obtaining the
alteration by lawful means, without exciting or attempting to
excite hatred, contempt or disaffection, do not constitute an
offence under the section.
3) Comments expressing disapproval of the administrative or
other action of the Government or the Government of the
United Kingdom or any Government of Nigeria without
exciting or attempting to excite hatred contempt or
disaffection do not constitute an offence under this section.
Other sections dealing with the offence of sedition are as
follows:

Whoever seeks to excite hatred or contempt against any class of persons

in such a way as to endanger the public peace, shall be punished with
imprisonment for a term which may extend to three years or with fine or
with both.

Whoever circulates, publishes or reproduces any statement rumour

or report which he knows or has reason to believe to be false with intend to
cause or which is likely to cause fear or alarm to the public whereby any
person may be induced to commit an offence against the public peace,

102
shall be punished with imprisonment which may extend to three years or
with fine or with both.

Whoever has in his possession without lawful excuse, the proof of which
shall lie on him, any book, pamphlet, paper, gramophone record, tape
recording, drawing, printing, photograph, cinema or other visible or
audible representation or reproduction, the publication or exhibition of
which would constitute an offence under section 416, 417 and 418 shall be
punished with imprisonment for a term which may extend to two years or
with fine or with both.

1) The minister charged with responsibility for such matters may if he

is of opinion that the importation of any publication would be
contrary to public interest by order prohibit the importation of such
publication.
2) If such minister is of opinion that it would be in the public interest
to do so he may by order prohibit the importation of all publications
published by or on behalf of any organization or association of
persons specified in the order.
3) An order made under the provisions of subsection (1) shall unless
a contrary intention is expressed therein, have effect:

a) with respect to all subsequent issues of such publication;

and
b) not only with respect to any publication under the
name specified in relation thereto in the order, but
also with respect to any publication published under any
103
 other name if the publishing thereof is in any respect in
continuation of or in substitution for the publishing of the
publication named in the order.
(4) An order made under the provisions of subsection (2) shall unless
a contrary intention is expressed therein, have effect not only with
respect to all publications published by or on behalf of the
organization or association of persons named therein before the
date of the order but also with respect to all publications so published
on or after such date.
(5) An order made under the provisions of subsection (1) or (2) shall
unless a contrary intention is expressed therein; apply to any
translation into any language whatsoever of the publication specified
in the order.

Over intentionally imports, publishes, sells, distributes or

reproduces or has in his possession any publication extract there from
shall be punished with imprisonment which may extend to three years or
with fine or both.

Whoever, without the permission of the Governor-General instigates

practices takes part in or is concerned in any exercise, movement,
evolution or drill of a military nature shall be punished with imprisonment
which may extend to seven years or with fine or with both.

Both the Criminal Code and the Penal Code are in pari-material in several
essential aspects. The inclusion of the Government of the United Kingdom
and Her Majesty, her heirs or successors ... in the provisions of the Penal
104
code is a reflection of the time when the Code was enacted. It is only in
the area of punishment that the two statutes differ. Whereas the Penal code
prescribes a maximum punishment of seven years imprisonment for
exciting disaffection against the persons of her majesty ... government or
constitution of Nigeria, the Criminal Code prescribes a maximum
punishment of three years to uttering, importing or being in possession of
seditious publication. Another difference is the stipulation of fine or
imprisonment or both by the Criminal code for the offence of sedition
whereas the Penal Code prescribes terms of imprisonment with fine or
with both.

Seditious Intention

We recall that section 50 of the Criminal code defines seditious publication

as a publication having a seditious intention'. Section 416 of the Penal code
on its part .provides that whoever by words, either spoken or reproduced
by mechanical means or intended to be read.

Seditious intention is the mens rea required to ground the offence of

sedition. Seditious intention is defined by Section 50(2) of the Criminal
code as an intention to do any of the acts which constitute the actus reusof
the offence of seditious publication.

The history of the law of sedition cannot be divorced from the nationalist
struggle for independence in colonial Nigeria. The imperial government,
having to contend with the growing agitation for independence
championed by the nationalists and their press relied on the law of sedition
105
to keep the opposition in check. It is, therefore, correct .to say that the law
of sedition, first promulgated as Seditious Offences Ordinance in 1909, was
used by the colonial administration to trample on the freedom of the press
as well as curtail the freedom of expression, especially in respect of the
struggle for independence.

This colonial background is clearly evident in the provisions of the Penal

Code of Nigeria. For instance, Section 416 which provides:
whoever by words either spoken or reproduced by
mechanical means or intended to be read or by signs
or by visible representation or otherwise excites or
attempts to excite feelings of disaffection against
the person of Her Majesty, her heirs or successors or
the persons of the Governor-General or the governor
of a Region, or the Government or constitution of
the United Kingdom or of Nigeria or any Region
thereof....
The Act was primarily for the protection of the imperial government, and
since the struggle for independence must of necessity be against the
constitution of the colonial administration, the sedition law was enacted to
stifle opposition, among others.

In R V. Agwuma and Others, the so-called seditious statement was titled "A
Call for Revolution". Some of the expressions were tailored towards
directing the attention of the masses towards one common danger i.e. the
British Government." The Statement also stated that Britain has a plan to
continue her dominion of Africa at least for the duration of the third world
106
war and that we must forget the so-called difference and direct all our
energy towards the common foe or else we remain like this for another
fifty years.

Another case which demonstrated the inclination of the colonial

government and its court to invoke the law of sedition was the African
Press Ltd v The Queen. The statement alleged to be seditious was
critical of administrative officers. The court said: they are ... the most
potent and most cleverly distinguished enemies of your struggle for
freedom. They are with a few exceptions, incompetent, narrow minded,
arrogant and contemptuous.

We submit that this is a perfect political statement that was appropriate

for the struggle for independence.
The offence of sedition varies according to the type of government or
regime in power and the attitude of the court. What is seditious under
one regime or government may not be seditious under another. For instance,
the Government of India, under Pandit Jawaharalal Nehru was pre-disposed
towards freedom of the press. Nehru is on record as having openly
proclaimed freedom of the press at a newspaper Editors Conference. During
the first Republic one of the earliest cases was that of D.P.P. v Chike Obi.
The case dealt with the relationship between the freedom of expression
as guaranteed by the 1963 Constitution and the law of sedition. The court
held that it was legitimate and constitutional to criticize the government of
the day. What is not permitted is to criticize the government in a
malignant manner so as to jeopardize public peace. In the main, the
court concluded that the provision of the 1963 Constitution relating to
107
freedom of expression was in no way invalidated the law of sedition
contained in the Criminal Code.

Professor Ezejiofor was equally critical of the courts of the first Republic.
He commented thus:
... the Judges probably feared that an
active interventionist policy of interpreting
the Constitution in a liberal spirit would
lead to open confrontation with the
politicians and the consequent weakening of
judicial authority. Consequently, most of
them were anxious to render decisions
favourable to the government and its
supporters. Indeed, they behaved as if it was
their duty to adopt... measures of the
authorities as valid and to find arguments to
justify them.
On his part, Professor Ojo has noted:
... in conclusion, it may be said that the history of
the Bill of Rights entrenched in the 1963
Constitution and their judicial interpretation and
application do not commend them to present or
future generations of Nigerians.
The Second republic witnessed a more courageous and independent
judiciary as far as the courts' interpretation of the law of sedition was
concerned. Unlike in D.P.P. v Chike Obi which held that citizens were
not permitted to criticize the government in a malignant manner, the court in
108
the second Republic case of State v Ivory Trumpet was objective. The
accused was charged with publishing seditious materials which attacked the
person of the Governor Jim Nwobodo. The charge of sedition was based on
the publication which alleged that the State Governor who was also leader
of a political party in the State was keeping and spending party money
without account and was supporting dissident minorities in the party.

In discharging and acquitting the accused person, Araka C.J. (as he then
was) made the following important remarks.
I feel no doubt that any construction of the
law on sedition in this country should be
against the background of a profound
national commitment to the principle that
debate on public issue should be uninhibited,
robust and wide open and that it may well
include vehement, caustic and sometimes
unpleasantly sharp attacks on government and
public officials.
The court was equally authoritative in State v Arthur Nwankwo which is the
locus classics as far as the interpretation of the relationship between the
freedom of expression under the 1979 Constitution and the law of sedition
as contained in the Criminal Code is concerned. In the instant case
Arthur Nwankwo who was contesting against incumbent Governor Jim
Nwobodo in the old Anambra State had published a book which
contained many uncomplimentary remarks about the Governor and his
administration. The gist of the publication was that a civilian State
Governor was corrupt. He was charged and convicted for the publication
109
of seditious material at the State High Court in Onitsha. On appeal, the Court
of Appeal (Enugu Division) quashing the conviction held that the law of
sedition in its present form is unconstitutional because it derogates from the
freedom of expression guaranteed under the 1979 Constitution more so
when this cannot lead to public disorder as envisaged under Section
41(l)(a) of the 1979 Constitution.

Reacting to the judgments, Professor Ben Nwabueze noted:

... the Nigerian judiciary has since the
inception of the Presidential Constitution
exhibited a commendably active liberalism
in the enforcement powers.... Viewed against
the background of their past performance,
this record of vigorous, courageous activism
is most refreshing and encouraging.
Professor Ojo equally commended the judiciary when he said:
...the progressive attitude of our
judiciary in interpreting the new rights
must be commended. The past few years
have witnessed a more activist and
dynamic judicial exertion of rights.
With this brilliant and commendable performance from the Judiciary, the
judiciary in Nigeria has shown it is well placed to give liberal interpretation
to the relevant provisions of the Constitution on fundamental rights
especially the right to freedom of expression and the press.

110
Defences to the Offence of Sedition
There is considerable doubt whether there is in fact any defence to a
charge of sedition. For instance, it is well settled that once it is proved that
the publication is seditious and that it was published with a seditious
intention, it is immaterial that there are other motives which are
justifiable. It has also been held that once a seditious intention has been
proved the truth of the allegations made therein will not constitute a
defence.

In D.P.P. v Obi, the learned Chief Justice in accepting that truth was not a
defence to a charge of sedition under the Criminal Code expressed the view
that it may, however, in certain circumstances be a relevant consideration
for the purpose of ascertaining or showing the real intention of the person
charged in considering the exceptions provided in Section 50 (2) (ii). But in
the Service Press Ltd v Attorney-General, it was held that "the gist of the
offence is in the intent to do one or more of the matters stated in the
definition of seditious intention, independently of the truth or otherwise of
the matters alleged in the publication complained of, the reasons for
rejecting the truth of the allegations complained of as possible defence was
given by D.C. Holland. He reasoned that the truer the allegation, the more
likely it is to inflame passion, excite hatred and contempt and probably
incite to violence.
The learned commentator observed that:
... The dispassionate pointing out of errors
may well excite hatred and contempt against
those responsible for them. And the more

111
 grievous the error or defect, the more likely
it is that hatred and contempt is excited.
Notwithstanding the above, there are possible defences to the charge of
seditious publication which are hereunder discussed under various heads.
(1) Lawful Excuse, (2) Publication, (3) Possession, and (4) Attorney-
General's consent.

Lawful Excuse
It is a general principle of law, that an excuse for violating a law cannot
be asserted as a defence in a prosecution thereof. And if the crimes are
statutory there can be no common law excuse or justification based on the
so-called 'written law'. The justification must be derived from the statute
itself. In this respect, a person charged with the offence of sedition has a
number of defences open to him which may dispose of the seditious
intention.

Despite the stringent provisions of section 50(2) of the Criminal Code, the
law still recognizes the right to freedom of discussion. Thus the citizen is
allowed to make comments on public matters, and will not be guilty of
having issued a seditious publication if the only purpose of the comment
was:
1. To show that the President or the governor of a State has been misled
or mistaken in any of his measures in the Federation or a State as the
case may be or
2. To point out errors or defects in the Government or
Constitution of Nigeria or of any Region thereof, as by law

112
 established or in legislation or in the administration of justice with a
view to remedying of such errors or defects or
3. To persuade the citizens or other inhabitants of Nigeria to attempt
to procure by lawful means the alteration of any matter in Nigeria as
by law established or
4. To point out, with a view to their removal, any matters which
are producing or have a tendency to produce feelings of ill-will
and enmity between different classes of the population of Nigeria.

The offence of sedition under the English law is wholly embodied .in the
common law and any defence to the defence must be deduced from the
common law. Under the British law, for an offence of sedition to be
grounded, there must be an intention and the words uttered should have the
tendency to incite violence. Thus where the words do not have this
tendency, the offence of sedition cannot be grounded. In Chike Obi v
D.P.P. the words used by the accused were 'harsh and malignant' and
capable of bringing the government into disrepute and of exciting
discontent against it, by its subjects, therefore, the accused was not entitled
to the defence of lawful excuse. Thus, once seditious intention has been
proved the truth of the statement is not admissible as defence.

Publication
The question that often arises where the offence is committed by a
seditious publication is whether the editor and proprietor of the journal
will be jointly liable.

113
In the law of tort, a master is held liable for all acts of his servant
performed in the course of the servant's employment. In the criminal law,
a master is generally not so liable. In the leading civil case of Lloyd v
Grace Smith & Co. a solicitor's managing clerk, without the knowledge
of his employer, induced a widow to give him instructions to sell certain
properties, to hand over the title deeds and to sign two documents which
were neither read over nor explained to her but which she believed were
necessary for the sale. The documents were in fact, a conveyance to the
clerk of the property, of which he dishonestly disposed for his own benefit.
It was held that, since the clerk was acting within the scope of his authority,
his employer was liable. Now, it is very likely that the clerk was guilty of
certain offences - perhaps larceny of the title deeds and fraudulent
conversion of the money, but it is perfectly clear that his employer could
never have been made criminally liable for those acts for which he bore
civil liability. The doctrine of vicarious liability in tort was developed in the
early part of the eighteenth century, but it was made clear by the leading
case of Muggins that there was to be no parallel development in the
criminal law.

In the offence of sedition, where the publication was not made by the
accused or under his orders, it is a complete defence to a charge of
publishing a seditious matter to show that the publication was made
independently of the exercise of his will. In Ogbuagu v Police the court laid
down succinctly what the prosecution must prove. These are:
1) that something libelous was published; and
2) that the defendant published it

114
Sedition being a criminal offence, requires that only those who
participated in its commission should be held liable. Thus, the person who
wrote or published the seditious article will be bound to answer for it. The
proprietor of the newspaper will only be liable for the seditious article in his
newspaper if he authorizes it or does anything to aid the publishing of the
seditious article. In other words, the proprietor will not be liable if he gave
instructions against the publication of such seditious article.

Sedition being a type of public libel, it is submitted that the presumption

of publication on the part of the editor, proprietor, publisher, bookseller or
news vendor may be rebutted by proof that the publication took place
without his knowledge or negligence on his part. The onus of proof lies on
the accused.

Possession
Where a person is charged with being in possession of seditious
publication, he may not be liable if he is able to show that he has a lawful
exercise. This provision suggests that liability in respect of possession of
seditious publication is not a strict one. Thus, if the accused is able to show
that he did not know that the publication contained seditious matter or that
he was authorized to possess it, this would constitute lawful excuse.

In the case of Inspector-General of Police v Anozie, the respondent was

charged under section 61(2) of the criminal code with having in his
possession without lawful excuse, seditious publications. At his trial, the
Chief Magistrate found that the publications concerned were seditious but
held that the onus of .proof of the absence of lawful excuse was on the
115
prosecution and that they had failed to discharge this onus and
consequently acquitted the respondent. On appeal, it was held that section
142 of the Evidence Act makes it clear that the burden of proving the
absence of lawful excuse does not lie on the prosecution.

Safeguards against Prosecution for Sedition

The Criminal Code has provided some statutory safeguards against
prosecution for the offence of sedition. This is probably in appreciation of
the political character of the offence. Thus:
1. All prosecutions for seditious offences brought after s ix months of
the commission of the offence are barred.
2. Before a prosecution is instituted, the written consent of the
Attorney- General of the Federation or of the State concerned is
necessary.
3. Where a person is charged with uttering sedition intention for the
purpose of exciting causing disaffection and discontent, there can be
no conviction if the only evidence before the court is the
uncorroborated testimony of one witness.
It has been suggested that the numerous laws restricting freedom of
expression are an attempt to balance competing rights. The right to say
and write anything which affects the people's rights is not to be abused.
Thus, the State too has right to protect itself from subversion.

There are two ways in which the law attempts to balance these rights.
Firstly, by imposing restraints on what is said or written before it has
actually been communicated and secondly, by punishing those who have
already written or said something. The first of these approaches is known
116
as censorship while the second are the criminal law and civil law
restraints upon freedom of expression. The criminal law restraints,
especially the offence of sedition has been fairly well dealt with
previously. Here we shall be focusing on the concept of press freedom
generally, the historical analysis of .the press in Nigeria and the
constitutional guarantee of freedom of expression.

Freedom of expression is synonymous with freedom of the press. It is

impossible for individuals to disseminate their views on public matters
without the press and other mass media. It is, therefore, safe to say that
press freedom is not absolute in Nigeria. We submit that these limitations
place the press at the mercy of the National Assembly and the courts.

What the afore-mentioned provisions are directed at, is the

encouragement of suppression of embarrassing information on the pretext
that such information might prejudice national interest in any of the
circumstances described in the section.

Summary
We submit that Section 45 is a wide licence that can be utilized by the
government to frustrate journalists. For example, in the interest of defence,
a newsman could be forced to reveal the source of his information thereby
going against the cherished tradition of confidentiality of source of
information. In the same vein, the press may be denied access to some
information that ought to be made known to .the public about government
on the ground of public order. The possibilities are endless .in the hands of
an unscrupulous and insensitive government.
117
Nigeria gained independence from Britain some 47 years ago. It is
surprising that despite the attainment of independence since 1960 and the
misgivings about the law of sedition which is a colonial heritage, it
continues to form part of our criminal law in the year 2007. It is submitted
that sections 50, 51 and 52 of the Criminal Code and the corresponding
seditions of the Penal Code of Northern Nigeria be abrogated. It is
noteworthy that even in Britain from where the law of sedition was
inherited by Nigeria, the Law Commission had issued a working paper on
the reform of this area of law which suggests their dissatisfaction with the
law.

Any suggestion that the law of sedition may be necessary for the
government to check the excesses of the press should be debunked. While
we may agree with Lord Kanyon that the Liberty of the press is dear to
England and the licentiousness of the press is also odious to England, we
submit, that there are enough safeguards provided in the limitations
enshrined in the current Nigerian Constitution.

In this lecture, we have looked at the law of Sedition and the important
aspects of Sedition itself. We also discussed the relevance of such a law in the
current democratic dispensation and reviewed the arguments for and against
retaining the law in a democracy. Lastly, we also looked at the Constitutional
bases of the law of Sedition.

118
Post-Test
1. What constitutional provisions do you think can be used by the
government to frustrate journalists? How?
2. Suggest better ways you think the excesses of the press can be checked.
References
1999 Constitution of the Federal Republic of Nigeria
The Criminal Code (Laws of Southern Nigeria)
Malemi, E. (1999). Mass Media Law: Cases and Materials, Lagos: Grace
Publishers Inc.
Momoh, T. (2002). Nigerian Media Law and Ethics, Lagos: Efua Media
Associates.

119
LECTURE ELEVEN: COPYRIGHT, PIRACY AND PLAGIARISM

Introduction
The kernel of this lecture on copyright, piracy and plagiarism is to shield
intellectual property from being reproduced and utilized illegally so that
lawful owners of the work can enjoy the fruit of their labour.

Objectives
At the lecture of this lecture, you should be able to:
 define and explain what Copyright is all about
 know the kind of works eligible for Copyright violation
 know the duration of Copyright and what is "fair use"
 know the remedies for Copyright
 Know the meaning of Piracy
 Know the meaning of Plagiarism

Pre-Test
1. Account for the distinctions between copyright and piracy.
2. Discuss the works eligible for copyright in Nigeria.
3. Explain in details, plagiarism.
4. What are the remedies for copyright violation in Nigeria?

120
CONTENT
What is Copyright?
Copyright is the right which the law gives an author or other originator of an
intellectual property whereby he has invested with the sole and exclusive
privilege of reproducing and selling copies of his work. It is usually expressed
in warnings like the example below in books and phonographic recordings:
All rights reserved. No part of this work
may be reproduced in a retrieval system or
transmitted in any form or by any means,
electronic, mechanical, photocopying,
recording or otherwise without the prior
written permission of the publisher author.
The essence of the law of Copyright is to protect intellectual property from
being reproduced and sold by unauthorized persons, so that the owner of the
work can enjoy the fruit of his labour. But the advancement in technology is
making it increasingly difficult to enforce copyright laws. This is because
hundreds of thousands of copies of books and phonographic materials of
all kinds can now be easily reproduced by pirates.

Piracy has assumed a worrisome dimension in the developing countries where

poverty and the get-rich -quick syndrome, coupled with poor law enforcement,
have combined to provide fertile ground for such vices. In schools and
universities indigent students photocopy whole books for their use, even
where such materials are available and affordable. Also, at the ubiquitous
road side markets in the cities it is common to find poor quality
reproductions of recommended text books on sale at rock bottom prices - the
fruit of piracy.
121
In Nigeria, the widespread violation of copyright, especially in the music
industry, led to the enactment of the Copyright Act of 1990. This was to
strengthen the existing Copyright Act of 1970. Section 14 (1) of the 1990
Copyright Act states as follows:
Copyright is infringed by any person who, without the licence or
authorization of the owner of the copyright:
a) does or causes any other person to do an act, the doing of which is
controlled by copyright.
b) imports into Nigeria, otherwise for his private or domestic use, any
article in respect of which copyright is infringed under paragraph
(a) of this subsection;
c) exhibits in public any article in respect of which copyright is
infringed under paragraph (a) of this subsection.
d) distributes by way of trade, offers for sale, hires or otherwise or for
any purpose prejudicial of the owner of the copyright. Any, article
in respect of which copyright is infringed under paragraph (a) of the
section;
e) makes or has in his possession, plates, master-tapes, machines,
equipment or contrivances used for the purpose of making
infringed copies of the work;
f) permits a place of public entertainment or of business to be used for a
performance in the public of the work, where the performance
constitutes an infringement of copyright in the work, unless the person
permitting the place to be so used was not aware, and had no
reasonable ground for suspecting that the performance would be an
infringement of the copyright;
122
g) Performs or causes to be performed for the purposes of trade or
business or as supporting facility to a trade or business, any work in
which copyright subsists.
Works Eligible for Copyright in Nigeria
Malemi (1999: 136) lists the following works as those eligible for
copyright violation in Nigeria:
a) Literary works
b) Musical works
c) Artistic works
d) Cinematographic works
e) Sound recording
f) Broadcast

a) Literary works
They include writings such as novels, stories, poetry, plays, film,
broadcasts and teleplays, text books, biographies, essays, articles, etc
b) Musical works
Included here are all kinds of musical works, whether
accompanied by lyrics or instrumental.
c) Artistic works
Such as paintings, drawings, etchings, lithographs, woodcuts,
engravings, prints, maps, plans, diagrams, sculptures,
photographs, etc.
d) Cinematograph films
Films of all sorts, whether or not they can be shown as moving pictures.
e) Sound recording
Any sound recording that can be perceived aurally.
123
f) Broadcast
All broadcasts via radio, television, satellite, cable, or
rebroadcasts.
However, some kinds of works do not enjoy copyright. They include but are
not limited to: letters to the editor, advertisements and titles. Also, according to
Malemi, "copyright protection does not exist in respect of any idea, thought,
fact, concept, principle, discovery, process, procedure, system or method of
operation, no matter the form in which it is expressed, illustrated or embodied
in a work."

Duration of Copyright and Fair Usage

The Copyright Act stipulates that the duration of copyright depends on the
nature of the work in question. For literary, musical and artistic works, the
copyright lasts for the lifetime of the author, plus 70 years after his death.
However, for cinematograph films, photographs, sound recordings and
broadcasts, the copyright lasts for 50 years from the end of the calendar year
in which the work was first published or broadcast.
"Fair usage" or "fair dealing" is an exception to copyright control, whereby
the work is not reproduced for commercial purposes but a few copies are
made for private use, study or research.

The Remedies for Copyright

The remedies for copyright violation as contained in the Copyright Act are:
a) Damages
b) Injunction
c) Accounts
d) Delivery up
124
a) Damages are the compensation which may be recovered in the
courts by any person who has suffered loss or damage.
b) Injunction is a court order requiring a party to a dispute to do or
refrain from doing something. In the case of copyright violation, it is
handed down to the pirate to stop further selling or using of the work
in question.
c) Account in this sense is the assessment of the gams which
accrued to the violator of copyright from the work.
d) Delivery up means that the court orders the copyright infringer to give
up all the pirated work still in his possession

What is Plagiarism?
Plagiarism is the unethical practice of lifting information (news, statistics,
ideas, passages, etc.) from existing materials and presenting it as if it
originated from the writer. The chief plagiarizers are students at all levels.
Frequently they "dub" copiously from books, journals, newspapers and
magazines without attributing their sources. Plagiarism is a very serious
offence in the academia, punishable by removal from the job whenever
proved beyond reasonable doubt.

Newsmen and women also commit plagiarism when they lift ideas from books
and other media without attribution. But it is in the best interest of journalists
and their mass media to acknowledge their sources, because if the story
lifted turns out to be false, the blame will first go to the original source.
Besides, since the game of the media is to be the first to come out with the
news, those who go to great extents to achieve that feat should be accorded
125
their deserved credit, in the interest of fairness. Therefore, when reporters
obtain statistics from documents to beef up their reports, it is only proper
that they should indicate the source.
Hence, Article 13 of the 1998 Code of Ethics for Nigerian Journalists, under
Plagiarism, states: "A journalist should not copy, wholesale or in part, other
people's work without attribution and/or consent"

What is Piracy?
Piracy is the illegal reprinting or reproduction of another person's work which
is under copyright. Both plagiarism and piracy are subsumed under
copyright, but differ in the sense that, by common application, piracy refers
to the large scale reproduction of the material for commercial purposes,
while plagiarism is lifting another person's ideas without attribution, and
purporting same to have originated from you.

Summary
In this lecture, we have discussed the meaning of copyright and the havoc that
copyright violation wreaks on intellectual property. We also discussed the
kinds of works that can be copyrighted, including books, art works,
photographs, films, architectural drawings, etc.

We also discussed the duration of copyright and what can be considered as

fair usage of another person's work. Lastly, we also saw the remedies for
copyright, which include damages, injunction, account and delivery up.

Post –Test
1. How can a literary work be plagiarized?
126
2. Are you aware of any pirated materials? Enumerate them.

References
Copyright Act, 1990
Ewelukwa, B.N. (2004). Introduction to Nigerian Press Law, Onitsha:
Maranatha Press Ltd.
Malemi, E. (1999). Mass Media Law: Cases and Materials, Lagos: Grace
Publishers Inc.

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LECTURE TWELVE: CONTEMPT OF COURT AND CONTEMPT
OF PARLIAMENT
Introduction
Journalists are expected to always respect the court and parliament in the
course of their official duties. Therefore, any act which is calculated to
embarrass, impede, intimidate or ridicule the judiciary and legislative organs
of government via action or word can be deemed to be disrespectful. To this
end, lecture twelve gives a thorough explanation of the contempt of court
and contempt of parliament.

Objectives
At the end of this lecture, you should be able to:
 explain what contempt of court means
 know the practical ways in which contempt of court can occur
 be acquainted with one of the most celebrated cases of contempt
in Nigerian journalism
 explain what contempt of parliament means
 know the ways in which a journalist can commit contempt of
parliament
 know why parliament cannot commit a journalist to prison

Pre-Test
1. Define contempt of court
2. X-ray any two celebrated cases of contempt of court.
3. What is contempt of parliament?

128
CONTENT
What is Contempt of Court?
The law of contempt is predicated on the absolute necessity to provide an
enabling environment for the courts and the legislature to perform their
constitutional duties without hindrance. In Nigeria, the laws that pertain to
contempt of court are the Criminal Code Act, the Penal Code Act and the
Constitution itself.
Section 133 of the Criminal Code states that any person who:
1. Within the premises in which any judicial proceeding is being heard
or taken within the precincts of the same, shows disrespect in speech
or manner, to or with reference to such proceedings, or any person
before whom such proceeding is being heard or taken; or
2. Having been called upon to give evidence in a judicial
proceeding, fails to attend or, having attended refused within
lawful excuse to answer a question or produce a document or
prevaricates, or remains in the room in which such proceeding is being
heard or taken after the witnesses have been ordered to leave such
room; or
3. Causes an obstruction or disturbance in the course of a judicial
proceeding; or
4. While a judicial proceeding is pending makes use of any speech or
writing misrepresenting such proceeding, or capable of
prejudicing any person in favour of or against any party to such
proceeding, or calculated to lower the authority of any person before
whom such proceeding is being heard or taken; or

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5 Publishes a report of the evidence taken in any judicial proceeding which
has been directed to be held in private; or
6 Attempts wrongfully to interfere with or influence a witness in a
judicial proceeding either before or after he has given evidence in
connection with such evidence; or
7 Dismisses a servant because he has given evidence on behalf of a
certain party to a judicial proceeding; or
8 Retakes possession of land from any person who has recently
obtained possession by a writ of court; or
9 Commits any act of intentional disrespect to any judicial
proceeding, or any person before whom such proceeding is being had or
taken,
Is guilty of a simple offence, and liable to imprisonment for three months.
Section 6 of the Criminal Code further states:
 Nothing in this act or code shall affect the authority of courts of
record to punish a person summarily for the offence commonly
known as contempt of court, provided that a person is not
punished for the same both under the inherent powers of the court
and under the provisions of Section 133 of the Criminal Code.
Similarly, Section 155 of the Penal Code provides thus:
 Whoever intentionally offers any insult or causes any
interruption to any public servant while such a servant is sitting at
any stage of a judicial proceedings shall be punished with
imprisonment for a term which may extend to six months or with
a fine which may extend to 20 pounds or both.
The 1999 Constitution also provides for contempt of court in Section
39 (3) where it states:
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  Nothing in this section shall invalidate any law that is reasonably
justifiable in a democratic society: (a) for ... maintaining the
authority and independence of courts...

Definition of Contempt
From all the foregoing, contempt of court can be defined as: any act which
is calculated to embarrass, hinder or obstruct court administration of justice,
or which is calculated to lessen its authority or its dignity, committed by a
person who does an act in wilful contravention of its authority or dignity, or
tending to impede or frustrate the administration of justice or by one who,
being under the court's authority as a party to a proceeding wilfully disobeys its
lawful orders or fails to comply with an understanding which he has given.
Contempt of court can be in two ways:
a) Contempt in the face of the court (facia curia) otherwise known as direct
contempt; and
b) Indirect contempt or ex facia curia. This is contempt committed
outside the court, so to say.

Ways in which Contempt of Court Can be Committed by the Journalist

As law-abiding and responsible citizens, journalists are expected to
respect the courts in the course of their official duties. However, in the
past there have been altercations between journalists on the one hand and
judges and magistrates on the other over contempt, occasioned by the
following infringements:
a. Trial by the media, whereby a suspect in a criminal offence is
deemed already guilty by the media even before the trial is over. This
annoys judges and magistrates and often causes them to invite the
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 journalists involved for tongue lashing and possible committal to
prison if they do not show sufficient remorse.
b. Commenting on a case before the court in a manner that suggests
that those involved will not obtain justice.
c. Showing disrespect to the magistrate or judge right in the court (in
facia curia), such as making a noise when the court is sitting, taking
photographs in the open court, etc.

A Celebrated Case of Contempt of Court

A case of contempt of court which readily comes to mind is the
celebrated case of Onagoruwa Vs the State, in which Dr. Olu
Onagoruwa, a columnist with the Daily Times allegedly prejudged a case
before the Anambra State High Court in 1979.The State Chief Judge
trying the case ordered that Onagoruwa be detained in prison until he
purged himself of contempt.

Onagoruwa appealed on the ground that the order for his detention was
unlawful, and that the alleged contempt was ex facia curia, not in facia
curia as argued by the opposing side.
The appeal court ruled that the detention of Dr Onagoruwa for contempt
was indeed improper, as he was not given a fair hearing. More so, the
contempt in question was not in the face of the court but outside the
court. The appeal court upheld the argument that the alleged contempt was
not the publication of the initial article, but rather the refusal of the
appellant to comply with the order of the court that he should make
amends for his initial contempt.

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The court further made the following landmark statement about contempt
in general:
 Contempt committed ex facia curia being words spoken or acts done
outside court which are intended or likely to interfere with or obstruct
the fair administration of justice, a newspaper article apparently
prejudging a trial could clearly be prima facie contemptuous, but in
deciding whether it actually offends the law, the court should act with
caution and restraint and consider whether the hearing will in fact be
grossly affected, particularly, where the issue concerned is a civil
one to be heard without a jury, but solely by a judge, trained to assess
the evidence fairly and to arrive at conclusion based on that alone.
(Ewelukwa, 2004:151)

Lessons from the Appeal Court's Ruling

From the Appeal court's ruling on the Onagoruwa case, one can
understand a few things about contempt of court as it applies to
newspapers:
i) If the newspaper commentary prejudges a case under trial, it will
be prima facie contemptuous of the court.
ii) However, judges are expected to apply that law with caution, since
the newspaper article on its own is not enough to sway the learned trial
judge to depart from the path of justice, especially when he has before
him evidence to consider in deciding the case. What is more, the
judge has received adequate training to enable him to weigh the
evidence before him.
iii) This serves as a lesson to both journalists and judges on the
contentious issue of contempt of court. Some judges seem to be too
133
 sensitive on such matters, to the ridiculous extent that undermines
freedom of expression. Indeed, the old notion that a case in court
cannot be commented upon is a fallacy.

What is Contempt of Parliament?

Contempt of parliament is any action or word which tends to intimidate or
obstruct members of parliament from performing their lawful duties.
Parliament in present day Nigeria would mean the National Assembly or the
House of Assembly of a State.
The 1999 Constitution accordingly gives the National Assembly and the State
Houses of Assembly the powers to make laws. For example, Chapter 1,
Part II, Sections 4 (i) and (2) state as follows:
1) The legislative powers of the Federal Republic of Nigeria shall be
vested in a National Assembly for the federation which shall
consist of a senate and a House of Representatives.
2) The National Assembly shall have power to make laws for the
peace, order and good government of the Federation or any part
thereof with respect to any matter included in the Exclusive
Legislative List set out in Part 1 of the Second Schedule of this
Constitution

Furthermore, Section 4 (7) states:

The House of Assembly of a State shall have power to make laws for the
peace, order and good government of the State or any part thereof.
Accordingly, the legislature has the power under the Legislative Houses
Powers and Privileges Act, 1990 to punish anyone or institutions,

134
including the media, whose actions or utterances are deemed to be
contemptuous of that legislature. (The Legislative Houses and Privileges Act
defines the powers, privileges and immunities of parliament).

In What Ways can a Journalist Show Disrespect To Parliament?

The mass media as responsible institutions of the society are therefore
expected to respect the immunities, integrity, privileges and rights of the
assembly members. But sometimes conflicts arise. In what instances can the
action of a journalist be deemed to be disrespectful to a legislative house?
Disrespect to parliament can be in the following ways:
a) Misrepresentation of parliamentary proceedings
b) Scandalous publications about parliamentarians
c) Refusal to honour the invitation of the parliament
d) Refusal to correct misrepresentation about parliament or its
leaders, etc.

Can Parliament Commit a Journalist to Prison?

Is it possible for parliament to commit a journalist to prison, like the courts?
The answer is of course no, and it has never happened (in Nigeria, at
least). Whenever parliament feels aggrieved over adverse press reports, it
usually reacts in form of reprimand, objections, warnings and caution. It
does not have the power to jail journalists since it is not a court of law.
Moreover, it would not be a judge and prosecutor in its own case. The theory
of separation of powers gives parliament the role of making laws but leaves
the interpretation for the judiciary. Therefore, it would be unconstitutional
for parliament to prosecute and jail a journalist, or any one.

135
However, parliament can, and indeed, has issued warrants for the arrest of
persons who were summoned by parliament but failed or refused to show up.
Parliament can also withdraw the accreditation of any journalist who
disrespects it. But it has been the custom of parliament to exercise utmost
caution in such matters so as to avoid unnecessary altercations with the
media, since both institutions are partners in progress.

Summary
Contempt of court is aimed at maintaining the sanctity of courts so that they
can adequately discharge their constitutional duty of dispensing justice.
Every responsible citizen is duty bound to respect the courts. Journalists as
responsible citizens cannot do less. You have also seen that the laws of the
land adequately seek to prevent contempt of parliament so that the
legislative houses can perform their constitutional obligations without
interference. It behoves every journalist as a responsible citizen to accord
parliament its due respect.

In this lecture, we have looked at the bases of the law of contempt of court
from the Criminal Code, the Penal Code and the Constitution. We also
defined and explained what contempt of court means. It was also pointed out
the practical ways a journalist can violate contempt of court. A celebrated
case of contempt was cited as an example and some lessons were drawn from
it. We have also looked at what constitutes contempt of parliament and the
practical ways in which it can occur. We also answered the question
whether parliament can prosecute and jail a journalist.

136
Post-Test
1. Attempt the pre-test questions again.
2. Work in pairs and present this: in line with the theory of separation of
powers, can the parliament commit a journalist to prison?

References
Constitution of the Federal Republic of Nigeria, 1999
Legislative Houses and Privileges Act, 1990
The Criminal Code (Laws of Southern Nigeria)
The Penal Code (Laws of Northern Nigeria)
1999 Constitution of the Federal Republic of Nigeria
Ewelukwa, B.N. (2004). Introduction to Nigerian Press Law, Onitsha:
Maranatha Press Ltd

137
LECTURE THIRTEEN: THE OFFICIAL SECRETS ACT

Introduction
This lecture arrests the essence and purpose of the Official Secrets Acts of
1962 and 1990. Other laws which seek to protect government secrets as well
as the relationship between the Official Secrets Acts and Freedom of
Information Bill are discussed.

Objectives
At the end of this lecture, you should be able to:
 understand the essence and purpose of the Official Secrets Act
 know the other laws which seek to protect government secrets
 understand the relationship between the Official Secrets Act and the
Freedom of Information Bill

Pre-Test
1. ―A man without sources of information is more or less like a man
without basis of freedom‖. Examine the implications of the 1962
Official Secret Act of Nigeria on the quoted statement.
2. Appraise the benefits of the freedom of Information Bill to the
Nigerian society.
3. Discuss the other laws which seek to protect government secrets.

138
CONTENT
What is the Essence and Purpose of the Official Secrets Act?
The Official Secrets Act, which was enacted in Nigeria in 1962, seeks to
prevent the disclosure to the public of any material which government
considers as classified or confidential. The Act defines classified matter as:
 Any information or anything which under any system of security
classification, from time to time in use by any branch of the
government, is not to be disclosed to the public, and of which the
disclosure to the public would be prejudicial to the security of Nigeria

From the above, it can be seen that the nucleus of the Official Secrets Act is
to protect national security For, indeed, given the volatile nature of the
Nigerian polity, trouble can easily start if certain kinds of information are
freely released to the general public. Public officers are by the Official
Secrets Act barred from disclosing such sensitive material to the general
public.

The Act, therefore, defines a public officer as ―a person who exercises or

formerly exercised for the purpose of the government the functions of any
office or employment under the state.‖ Thus, all public officers, including
those in the pure civil service and those in other government agencies such
as the military, police, legislature, universities, etc, are barred from
diverging classified information, whether they are still in service or have
disengaged from service in whatever manner.

139
The Official Secrets Act also criminalizes spying, espionage and sabotage of
the nation‘s strategic military and other security installations.
Apart from the Official Secrets Act, there are other laws in Nigeria which
seek to protect government secrets for security reasons. They include: the
Criminal Code Act; the Penal Code Act; The Evidence Act and the
Constitution itself: or example, the Criminal Code Act provides in Section
97 (1) that:
 Any person who being employed in the public service, communicates
fact which comes to his knowledge by virtue of his office, and which
is his duty to keep secret or by any document which comes to his
possession, except to some person to whom he is bound to publish or
communicate, is guilty of a misdemeanor and is liable to
imprisonment for two years.
The 1999 Constitution states in Section 39 (3) that:
 Nothing in this section shall invalidate any law that is reasonably
justifiable, in a democratic society (a) for the purpose of preventing
the disclosure of information received in confidence, maintaining the
authority and independence of courts or regulating telephony, wireless
broadcasting, television or the exhibition of cinematograph films; or
(b) imposing restrictions upon persons holding office under the
Government of the Federation or of a State, members of the armed
forces of the Federation or members of the Nigerian Police Force or
other Government security services or agencies established by law.

The Official Secrets Act and the Freedom of Information Bill

On Wednesday November 15, 2006 the Senate of the Federal Republic of
Nigeria finally passed the Freedom of Information Bill and forwarded to the
140
President for his assent. Before its historic passage, the bill was in the
National Assembly for more than six years.
The title of the bill, though quite lengthy, deserves spelling out in full, as it
explains everything that the bill seeks to achieve. The title is:
 A Bill for an Act to make public records and information more freely
available, provide for public access to public records and information,
project public records and information to the extent consistent with
public interest and the protection of personal privacy, protect serving
public officers from adverse consequences of disclosing certain kinds
of official information withoi4 authorization and establish procedures
for the achievement of these purposes and related purposes thereof.
2006

Consequently, Section 1 of the Freedom of Information Bill states:

 Subject to the provisions of this Act, but notwithstanding anything
contained in any other act, law or regulation, every citizen of the
Federal Republic of Nigeria, has a legally enforceable right to, and
shall, on application be given access to any record under the control of
a government or public institution.

From the above, we can say that the Freedom of Information Bill has the
following benefits
i) It will provide access to public information or records kept by
government, public institutions and even private organizations
carrying out public functions for Nigerians and even non Nigerians
resident in the country.

141
ii) With more information available to the citizens, they can participate
more meaningfully in the governance of the country, in the making of
laws and formulation of government policies.
iii) It will promote greater accountability on the part of public officers.
This is probably the most important benefit of the bill given the
penchant of public officers to be secretive with information. Hitherto
such secretiveness had encouraged corruption and mismanagement of
public funds without detection.
iv) What is more, the bill provides that public officers who destroy
information in their custody will be imprisoned.
From all indications therefore, the Freedom of Information Bill passed into
law under the President Jonathan Administration must have amended the
Official Secrets Act of 1962 and 1970, thereby making information more
easily available while still protecting information whose disclosure will
jeopardize national security. By this bill; Nigeria has made a significant
progress in the march to an enduring democracy and sustainable
development.

Summary
This lecture has discussed the essence and purpose of the Official Secrets
Act of 1962 and l990. It has also uncovered the other laws which seek to
protect government secrets. Finally, it has x-rayed the relationship between
the Official Secrets Act and the Freedom of Information Bill.

Post-Test
1. Attempt the pre-test questions again.

142
 2. Discuss the limitations to the application of the Freedom of
Information Bill

References
The Official Secrets Act of 1962
The Official Secrets Act of 1990
The Constitution of the Federal Republic of Nigeria, 1999
The Criminal Code Act
The Penal Code Act

143
LECTURE FOURTEEN: THE OBLIGATIONS AND
OWNERSHIP OF MASS MEDIA IN
NIGERIA: CONSTITUTIONAL
PROVISIONS
Introduction
The relevance of the media to the society cannot be overstressed. Hence, the
duties assigned to the media by the Nigerian constitution and the practical
ways in which these duties are being performed are discussed. This lecture
also examines the constitutional provisions in respect of ownership of the
broadcast media.

Objectives
At the end of this lecture, you should be able to understand:
 why the media are important to the political, cultural
and economic realm
 the Constitutional duties of the Nigerian media
 the practical ways in which the media perform
their Constitutional duties
 what the Nigerian Constitution says about media ownership
 why a special licence is required for the establishment
of broadcast media.

Pre-Test
1. What are the constitutional roles of the Nigerian media?

144
 2. Justify why a special licence is regulated for broadcast media
ownership?
3. Examine the practical ways in which the media performed their
constitutional duties.

CONTENT
What is the Media's Relevance to the Political, Cultural and Economic
Realm?
In the so-called liberal democracies, where the free-market economy-obtains,
and government is of the people, by the people and for the people, the
mass media play essentially the same roles. A few examples will suffice
here.
McQuail (2000) identifies the media's relevance to the political realm as
follows:
a. They have become an essential element in the process of
democratic politics by providing an arena and channel for wide debate,
for making candidates for office widely known and for distributing
diverse information and opinion
b. They are now a means of exercising power by virtue of the
relatively privileged access that politicians and agents of
government generally claim from the media as a legitimate right.

Culturally, the media are relevant in the following ways:

a. They constitute a primary source of definitions and images of
social reality and the most ubiquitous expression of shared
identity.

145
b. They are the largest focus of leisure time and interest, providing the
shared cultural environment for most people and more so than any other
single institution.

At the economic level, the media are relevant for the following reasons.
a. Traditionally, they have been a means whereby people with goods
and services to sell can advertise their wares.
b. They are also growing as business enterprises, as media
industries are growing, diversifying and consolidating their
power in the market.

What is the Constitutional Duty of the Nigerian Media?

It is in recognition of these important roles of the media that the Nigerian
Constitution assigns them definite roles, the only non-governmental
institution to be so recognized. Hence, the 1999 Constitution of the Federal
Republic of Nigeria, in Chapter 2, under the Fundamental Objectives and
Principles of State Policy directs that: "the State shall abolish all corrupt
practices and abuse of power" Then, Section 22 of the same Chapter assigns
duties to the mass media, that is, newspapers, magazines, radio, television etc,
to monitor government and make government accountable to the Nigerian
people and uphold the objectives of the state.

It states: "The Press, radio, television and other agencies of the mass media
shall at all times be free to uphold the fundamental objectives contained in
Chapter two and uphold the responsibility and accountability of the
government to the people."

146
The fundamental objectives of the Nigerian state, as contained in the above-
mentioned section of the Constitution, have been listed in this study.

By this constitutional provision, Akinfeleye (2005) explains that the press is

not given the power to try public officers on the pages of the newspapers and
magazines, or on radio and television, but rather, that of monitoring and
making the public officers accountable to the people.

Traditionally, the press performs the function in the following ways:

1. Reporting what goes on routinely in government circles, with a view to
alerting the citizens when something goes wrong. This is called the
surveillance or watch dog function.
2. Commenting on the significant issues and developments with a view to
explaining, analysing or criticising them. In this way, bad policies and
undesirable developments are nipped in the bud.
3. Exposing wrong doings in government circles through investigative
and special reporting, features and opinion articles.
4. Interviews and discussion programmes in the print and electronic
media, whereby knowledgeable personalities and advocates of
desirable ideas and programmes can express their views and canvass
support.
5. Providing the avenues whereby people can send feedback to
government, through letters to the editor, and interactive
programmes on radio and television.

Constitutional Provision in Respect of Ownership of the Mass Media

in Nigeria
147
While Section 39 (1) of the 1999 constitution provides for freedom of
expression, as we have already seen, subsection (2) grants the freedom to
own, establish and operate any mass media. However, the same subsection 2
states that ownership of the electronic media, that is radio, and television shall
be by a special licence from the president.

This means that while you can establish a print medium, that is newspaper
or magazine, without any special presidential permit, such a permit is required
for the establishment of radio and television stations.

The question then is: why does one require a special licence to own and
operate radio and television stations but none to own and publish newspaper
and magazines?

Why is Special Licensing Required for Broadcasting?

The following factors may be responsible for why special licence is required
to own and operate the electronic media:
1. The broadcast spectrum belongs to all Nigerians. To operate a radio
or television station, one requires to be allocated frequencies.
Government controls and allocates frequencies on behalf of all
Nigerians. If frequencies are not controlled and allocated by central
authority, there will be confusion in the atmosphere.
2. Governments the world over earn revenue from the allocation of
broadcast frequencies and the frequencies used by other wireless
technologies, such as GSM Government needs these revenues for the
provision of social services.

148
3. Government regulates public broadcasting to ensure that it is used
responsibly in the interest of the people. In the absence of regulation,
some unscrupulous persons may misuse the media and endanger the
public good.
4. Government regulates broadcasting, also to ensure that the media
conform to the fundamental objectives of the state. In Chapter Two of
the Nigerian Constitution under the Fundamental Objectives and
Directive Principles of State Policy, the objectives of the Nigerian
nation are articulated. These are the guiding principles of the
Nigerian State which every government must endeavour to achieve.
Since broadcasting is a very powerful tool, it stands to reason that if
proper care is not taken to regulate broadcasting, these lofty ideals of
the state may be undermined.

But does it mean that the print media operates without any controls
whatsoever? Not exactly. All mass media operate within the laws which
government makes to ensure orderliness in the society. As has been pointed
out many times before, such laws include libel, defamation, sedition,
copyright, plagiarism, contempt of court and others.

Summary
You can see that the Nigerian Constitution recognizes the important roles
the mass media can play in the society and accordingly assigns them special
duties. The media are the only institution outside the three arms of government
that is so recognized by the Constitution. Therefore, to whom much is given
much is expected. It behoves media professionals to live up to the high
responsibility expected of them. They can do this by, first of all. knowing
149
these Constitutional duties, and then, adhering strictly to the ethics of
their profession in the performance of their duties.

In this lecture, we have looked at the media's relevance to the political,

cultural and economic realm, as identified by McQuail (2000). Even more
importantly, we looked at the duties assigned to the media by the Nigerian
Constitution (1999). We discussed the practical ways in which the media have
been performing this Constitutional duty.

Furthermore, we looked at the Constitutional provisions in respect of

ownership of the broadcast media. Lastly, we pointed out why a special licence
is required for the establishment of the broadcast media but not for the other
media.

Post-Test
1. Attempt the pre-test questions again
2. In what ways do the media serve the society?

References
1999 Constitution of the Federal Republic of Nigeria
Akinfeleye, R.A. (2005). "Journalistic Integrity in Political and
Economic Reporting", A paper presented at the Nigerian Press Council
National Workshop on "Reporting Politics and the Economy - the
Responsibility of the Mass Media", at The Peninsula Resort, Km. 25,
Lagos - Epe Express way, Aja, Lagos State, from October 18 -21,
2005.

150
McQuail, D. (2000). McQuail's Mass Communication Theory, 4th Edition,
London: Sage

151
LECTURE FIFTEEN: ETHICAL PROBLEMS IN NIGERIAN
JOURNALISM

Introduction
In this lecture, we shall be looking at some ethical problems in Nigerian
journalism, what they mean and the various ways in which they are
committed. They include freebies, brown envelope syndrome, conflict of
interests, misrepresentation, cartel journalism and sycophancy. The purpose
and kinds of ethical mechanisms in journalism shall also be discussed.

Objectives
On successful completion of this lecture, you should be able to understand:
 understand the meanings of freebies, brown envelope, conflict of
interest and cartel journalism.
 Explain the purpose of ethical mechanisms in journalism

Pre-Test
1. Discuss some of the glaring ethical problems in Nigeria journalism.
2. What is the purpose of ethical mechanisms in journalism?

CONTENT
There is no gain saying that journalists in Nigeria are now being registered,
on attainment of the minimum educational qualification. But they are still
unlike the doctors, lawyers and accountants in that they do not have to pass
licensing exams. What keeps the journalist moving are his professional code

152
of ethics, and his conscience. To what extent can a Nigerian journalist keep
to his professional code of ethics, and what happens to those who violate the
code?

The following are some of the glaring ethical problems in Nigerian

journalism: freebies, conflict of interest, misrepresentation, brown envelope
syndrome and cartel journalism.

Freebies
These are sundry gifts which are offered to influence journalists. But the
question arises: is there anything wrong with accepting ‗Christmas or Sallah
gifts from politicians and political office holders? Many top editors say a
capital ―Yes‖. Perhaps the editors are saying so from their own experiences.
They know that journalists can be influenced by these gifts to water down
and kill stories or put up news pages for sale.

Brown Envelope
It is not only reporters who take money from news sources. Sometimes news
sources receive money from the news media to give out exclusives. But
there is no doubt that money distorts both the news and the news judgment
of reporters and editor. If you interview a politician and he gives you money,
can you still behold objectivity and be fair to his adversaries?

Conflict of Interest
Conflict of interest manifests in many forms. Newspapers depend on
advertising for their survival. Struggling newspapers may place their
advertisers ahead of the integrity of their news columns, and their reporters
153
cannot do anything about it. Reporters who are on the pay roll of politicians
will also have their own conflict of interest when the chips are down.

Misrepresentation
Is it right to obtain political news in disguise? The rule is that a reporter
should always introduce himself before he begins an interview. But are there
special occasions when he can break the rule? Many editors think that if the
story is important to the public, the reporter can obtain facts under cover.
But it does not end there. What about those who may lose their jobs for their
innocent mistakes of talking to a reporter when they thought they were only
discussing with a co-worker or person in need? As a rule, people deserve to
know if their opinions will be published. Obtaining news under cover is
certainly one issue that requires more discussion in today‘s journalism.

Cartel Journalism
Cartel journalism is the formation of beet associations for the purpose of
protecting mutual interests. It is unethical insofar as it leads to the
suppression and distortion of information. In fact, it is censorship, which is
an impediment to press freedom. But there is hardly any beat where
reporters have not formed such associations in Nigeria. Wise counsel is that
they can remain as welfare associations, not professional associations. Some
other ethical problems in Nigeria journalism include sycophancy, ethnicity,
character assassination, but to mention a farus.

Sycophancy is the same thing as praise singing. Incidents of praise singing

abound in the Nigerian media, and this is a spill-over from the larger society
where affluent people are adored regardless of the forces of their wealth.
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There is also the unfortunate tendency of journalists to betray ethnic biases
on sensitive national issues where objectivity is required. Furthermore, the
media are often accused of lending themselves to be used for character
assassination by various interest groups.

What is the Purpose of Ethical Mechanisms in Journalism?

Because of the increasingly vital roles the mass media play in modem
societies, and the fact that media are very powerful tools, the abuse of which
can spell doom for the societies, there is the need for effective mechanisms
to ensure their continuous conformity to acceptable ethical standards. Hence,
as M‘bayo (2006) puts it, ―the ethics of mass communication is everybody‘s
business and not just those who practice the profession of journalism, and
this is so because what media practitioners do has implications for the
society as a whole.‖

Such ethics, according to Kasoma (1994:7), deals with making sound moral
decisions in journalistic performance which assures the presence of societal
morality that guides generally acceptable human values and responsibilities.
M‘bayo even says that journalists are probably monitored more than any
other profession. And this monitoring is done not only by journalistic bodies
but also by outsiders. In fact, there are more outside regulators than inside
ones.

Kinds of Regulatory Bodies

There are two broad classifications of regulatory bodies for journalism
practice in contemporary societies.
i) Self regulatory bodies
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ii) Regulation by outsiders.

(i) Self regulatory bodies/mechanisms

These are regulatory bodies or mechanisms imposed and run by the
journalists themselves. They include:
a. Codes of journalistic practice
b. Media Council
c. Ombudsman
d. Peer group activities
The principle of a self regulatory mechanism is that, since ethics is basically
self-imposed and self-enforced, the ethic mechanisms articulatei by
members of a profession themselves will be more effective and more
respected by the members than those imposed by the larger society. It is the
same principle that guides other professional bodies such as medical doctors,
lawyers, accountants and even the military, in the formulation and
enforcement of their own ethical regulatory mechanisms.

(ii) Regulation by outsiders

The essence of regulation by outsiders is that journalistic business does not
have implications for journalists only, but also for the whole society.
Therefore, if a journalist commits a criminal offence, he will be charged to
court and prosecuted accordingly, regardless of how the self-regulatory
bodies for journalists look at the offence. Also, civil society groups which
monitor all aspects of society life, also monitor journalists for civil rights
violations.

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The following are the regulatory mechanisms or bodies imposed by
outsiders in the practice of journalism;
(a) civil society organisations, such as media alert, media forum, media
watch, media ombudsman, etc (M‘bayo, 2006)
(b) public reactions to media performance
(c) Legal regulations
(d) Good conditions of service for journalists

Summary
In this lecture, we have examined the major ethical problems of Nigerian
journalism. They are freebies, brown envelope syndrome, conflict of
interest, misrepresentation, cartel journalism, sycophancy and others.

Post-Test
1. Attempt the pre-test questions again.
2. In your own view, is there anything wrong if a journalist accepts gifts
from politicians or government officials?

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References
Kasoma F. (1994). ―The need for journalism ethics in Africa‖ in F. Kasoma
(ed) journalism ethics in Africa Nairobi: ACCE, 3-21
M‘bayo R. (2006). ―Tolerance, Freedom and truth: The bedrock of the ethics
of mass communication‖ A paper presented at the Times Journalism
Institute media conference Lagos, Nigeria, June 15, 2006.
Okoye, I. (2000). Newspaper Editing and Production in the Computer Age,
Lagos: Mbeyi and associates
Okunna, C.S. (1995). Ethics of Mass Communication, Enugu: New
Generation Books
Lanson, G & M. Stephens (1994). Writing and Reporting the News (Second
Edition) New York: Oxford University Press.

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LECTURE SIXTEEN: REGULATORY MECHANISMS CUM
ETHICAL CASE STUDIES
Introduction
In this lecture, we shall be looking at four self-regulatory mechanisms in
journalism: professional codes, press council, ombudsperson and peer
groups.

Objectives
At the end of this lecture, you should be able to understand the nature and
functions of the following as ethical mechanisms in journalism practice.
 Professional codes
 Press council
 Ombudsperson
 Peer groups
 The ethical mechanisms imposed by outsiders
 How letters to the editors serve as ethical mechanism.
 How spontaneous public reactions serve as ethical mechanism
 The nature and purpose of media monitors.
 How adequate training and remunerations for journalists can serve as
ethical mechanism
 Legal regulations as ethical mechanism.

Pre-Test
1. Examine the tiers of journalistic codes in Nigeria.
2. Trace the history of journalistic codes in Nigeria.

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 3. Discuss the roles of the Nigerian Press Council, citing relevant ethical
cases.
4. What are media monitors?

CONTENT
According to Momoh (2003), if you want to give legal backing to a
profession, there are four areas to be covered. They are:
(i) A system of accreditation of members
(ii) A register of members
(iii) A code of conduct: and
(iv) A body to enforce the code.

A code of conduct for journalism practice is a set of moral principles

articulated and adopted by the practitioners themselves to guide their
practice. The important thing about professional codes is that they are
articulated by the members of the profession themselves, not imposed by
outsiders or the larger society.

Tiers of Journalistic Codes

Journalistic codes are in three tiers
- National codes
- Regional codes
- International codes.

National Codes
At the national level, there are numerous codes. There are general codes and
those for practitioners in different media, e.g. Print journalism, Radio and
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Television, Cinema etc. The oldest national code for journalists is that of the
American Society of Newspaper Editors, which has been in existence since
1923. In Nigeria, there is an umbrella code of the Nigerian Press
Organisation (NPO), made up of the Nigerian Union of Journalists (NUJ),
Nigerian Guild of Editors (NGE) and the Newspapers Proprietors
Association of Nigeria (NPAN) codes.

History of Journalism Codes in Nigeria

The need for a code of conduct for Nigerian Journalists was appreciated as
far back as the 1950s when the NUJ was formed (Momoh, 2003). By 1979
both the NUJ and NGE had their different codes. But in 1979, the three
bodies, the NUJ, NGE, and NPAN adopted one code.

The amalgamation of the three bodies was occasioned by the promulgation

of Decree 31 of 1978 which established the Nigerian Press council (NPC).
Journalists viewed the setting up of the Press Council as a threat because it
had a preponderance of government appointees. So, the NUJ, NGE and
NPAN quickly came together and adopted the NPO code, which it presented
to the NPC board as the operative code for media professionals. However,
along the line, problem erupted.

Momoh (2003) identified the following problems which created the need to
revise the 1979 code
(i) The NUJ as trade union and editors were not to hold offices in the
NUJ even though they pay their check off dues to it
(ii) The NUJ could not enforce its code, not being a statutory body

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(iii) The owner of a mass medium has the right to hire and fire. The
constitution provides for ownership of media and the right to hire and
fire.
(iv) The NPAN has never accepted collective bargaining and the
minimum wage for journalists.
(v) Government did not have confidence in the ability of the press to put
their live above board. This was demonstrated by the numerous
obnoxious laws and actions which sought to check the press. They
include:
Decree 4 of 1984
Newspaper Decree 43 of 1993
Newspaper (proscription and prohibition from circulation)
Decree 48 of 1993.
National mass media commission in the 1995 Draft constitution.
Threat of a press court
Arrest and detention of journalists
Threat to set up a newspaper registration board in Decree 43 of 1993.

All these culminated in the need to revise the existing code, which was done
in 1998 at a workshop organized by the Nigerian Press council. The 1998
code had the following principles.
1. Editorial independence
2. Accuracy and fairness
3. Privacy
4. Privilege/Non-disclosure
5. Decency
6. Discrimination
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 7. Reward and Gratification
8. Violence
9. Children and minor
10. Access to information
11. National interest
12. Social responsibility
13. Plagiarism
14. Copyright
15. Press freedom and responsibility.

Regional Codes
These are codes guiding practice in different regions of the world. Okunna
(1995) lists some of them as:
(i) The inter-American Press Association adopted in 1926
(ii) The declaration of duties and rights for journalists, adopted by six
journalists‘ unions of the European community in 1971
(iii) The code of Arab Journalists prepared under the auspices of the
Arab league
(iv) The Charter of the West African Journalists Association (WAJA)
which was adopted in 1986.

The International Journalistic Code

The International principles of professional ethics in journalism came into
being in 1983 under the auspices of UNESCO. The signatories include the
following regional bodies.

(i) International Federation of Journalists (IFJ)

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 (ii) International Catholic Union of the Press (ICUP)
(iii) Latin American Federation of Journalists (FELAP)
(iv) Latin American Federation of Press Workers (FELATRAP)
(v) Federation of Arab Journalists (FAJ)
(vi) Union of African Journalists (UAJ)
(vii) Confederation of Asian Journalists (CAJ)

Press Councils
Press councils are self-regulatory bodies for journalism practice, as the
initiatives for setting them up must come from the professionals or media
themselves. Ideally, press councils should be run entirely by the
practitioners, but there are those established by the government, like the
Nigerian Press Council (NPC). But the essence of a press council is to
handle extra-legal matters involving individual journalists and the media.

Brief History of the Nigerian Press Council (NPC)

By the early 1970s, well meaning Nigerians had started advocating for a
press council to handle extra-legal complaints against the press. So, in 1978,
the military government under General Olusegun Obasanjo promulgated a
Press Council Decree, which was out rightly rejected by the press, because
of preponderance of government appointees.

Ten years later, the Babangida administration received the decree and
renamed it the Nigerian Media Council Decree. This was also rejected by the
press. But the then Federal Minister of Information, Prince Tony Momoh,
himself a veteran journalist, desirous to give the Nigerian press an enduring

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legacy, held wide consultations with the stakeholders, which led to the
promulgation of the Nigerian Press Council decree in 1992.
According to a publication of the Nigerian Press Council (1998) the new
decree was designed to:
 Regulate the press, to guard against abuses not covered by the existing
press laws such as inaccuracy in media reports, distortion or intrusion
into citizens‘ privacy for no valid reason, false emphasis, reversal of
facts and the treatment of crime and sex.
In other words, the NPC is a public complaint commission for journalists
where aggrieved members of the public can file complaints against the
journalists and their media organizations. But it not only handles complaints
against the media, but also addresses conducts of any persons and
organization against the press.

Journalistic Peer Groups

Traditionally, journalists the world over have assessed the performance of
fellow journalists in the newsroom and at the press clubs and other
relaxation centres. This informal peer review mechanism, though not limited
to ethical conduct, has assisted newsmen in their general responsibilities.
More formal peer review mechanisms include publications such as the
famous American Editor and Publisher which has been published for many
decades. In Nigeria, the Media Review published by Lanre Idowu, has been
doing a good job of critiquing ethical conducts in the media. For example in
2006, the issue of ―wrap around‖ adverts, whereby some newspapers
devoted four cover pages for adverts for mouth-watering fees, was
exhaustively addressed by Media Review, with the verdict that such a
practice was unethical. Unfortunately, the practice still goes on.
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Another example of peer review mechanism in the media is the long- rested
boo-boo programme on NTA, which pointed out, though in an impolite
manner, mistakes made by the print media.
There are also newspaper columnists who try to correct grammar usage in
the newspapers and magazines, the most visible of whom %is Bayo
Oguntuashe, who writes for Sun on Thursdays. But the time has now come
for publications devoted solely for peer review of ethical conduct in the
Nigerian Press, like the practice in other parts of the world.

Below are some peer review cases from different parts of the unit published
by the World Press Institute
(http://www.macalester.edu/wpi/ethics0202.htm2003)
(i) Writing in a recent U.S journalism trade magazine, columnist Allan
Wolper asserts that, ―It is an open secret that many journalists in
Pakistan hold down side jobs with government including the ISI
(Pakistan secret service)
(ii) A reporter at the Times-Picayune in News Orleans, Louisiana (US)
questions the credibility of a local television broadcaster who is on
camera in some of her husband‘s television ads promoting him for
public office
(iii) A Time magazine article delves into the ethically questionable
relationship between fashion editors and designers. The Article
reports that many fashion journalists receive thousands of dollars
worth of free clothing and other perks.
(iv) An associated press correspondent in Bolivia resigns after a web
site reports he has a conflict of interest. The reporter made a
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 speech in Las Pas in favour of a water project that could benefit a
children‘s foundation he had set up.
(v) A columnist writing for the Moscow Times.com reports that a
journalist with children, an unemployed husband and a monthly
salary of $30 (U.S) complains that she could never get by in
legitimate journalism without free-lancing ―stories to order‖ on the
side, either at the request of her boss or on her own. Made to order
stories look to readers like legitimate stories, but they are paid for
by the company featured.
Source: Ethics in the media, A presentation by the public affairs section

What is Ethical Regulation by Outsiders?

Ethical regulatory mechanisms imposed by outsiders are those which are
articulated and imposed by outsiders, as opposed to those imposed by media
professionals themselves.

Since what journalists do or fail to do have serious implications for the

society, various groups have seen the need for monitoring mechanisms
which seek to ensure that journalists and the media live up to certain •
expectations.

Seib et. al. (1999) captures it beautifully like this:

Almost everyone has something to say about journalism ethics. Those
people who are the subjects of news stories often complain that journalists
work in ethical void, trampling on privacy, sensationalizing, and playing fast
and loose with the truth... News consumers - the public - rely on journalists

167
for information, but are skeptical about the profession‘s commitment to
behaving ethically.
Ethical mechanism imposed by outsiders includes but are not limited to the
following:
- Letters to the Editor
- General public reactions to media performance
- Media monitors and critics
- Legal restrictions
- Regular opinion surveys
- Adequate training and retraining of journalists.

Letters to the Editor as an Ethical Mechanism

Letters have been regular features of newspapers and magazines from the
earliest times. Usually brief and straight to the point, they are either reader‘s
reactions to things published in earlier editions, or they may just be the
opinion of readers to societal issues they feel strongly about, which were not
specifically mentioned by the publication‘s earlier editions.

As they concern professional ethics, letters to the editor are often used by
readers to explain about unethical conducts such as biased reporting, lack of
fairness in news presentation, among others.

How do spontaneous public reactions serve as an ethical mechanism?

Extreme cases of public protest against media content abound in the history
of Nigerian journalism. Two notorious examples will suffice:

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Example 1
In 2002, there were public reactions in some parts of northern Nigeria over a
feature article in This Day Newspaper, on the hosting of Miss World Beauty
Pageant in Abuja. The article published a few days to the event had the
following excerpts, which the Muslim faithful considered offensive.
….As the idea became a reality, it also
arouses dissent from many groups of people.
The Muslims thought it was 1mm oral to
bring 92 women to Nigeria and ask them to
ravel in vanity. What would Mohammed
think? In all honesty, he would probably
have chosen a wife from one of them. The
irony is that Algeria, an Islamic countty, is
one of the countries participating in the
contest.
The reaction of the Muslim faithful was swift. At the last count, more than
100 people had been killed and property worth millions of naira destroyed.
Commenting on the incident, eminent journalism teacher, Ralph Akinfeleye
(2003); blamed both the writer of the article and the unruly faithful for not
showing any kind of social responsibility.

Example 2
In 2005, a cartoon published by the Scandinavian country of Denmark and
reproduced by some Western European newspapers, sparked off riots in
some parts of northern Nigeria. The so-called cartoon riots, which resulted in
the killing of hundreds of Southern Christians attracted reprisal killing of

169
northerners in the predominantly Christian south eastern cities of Onitsha
and Aba.

What are Media Monitors?

Media monitors are civil society groups and organizations which are
established for the sole purpose of monitoring or, as M‘bayo (2006) puts it,
―watching the watch dogs of society‖. They are concerned mainly with the
ethical and unethical practices in journalistic performance, thereby
constituting what M‘bayo calls the ―fifth Estate of the realm‖.
Some prominent media monitors are:
 Media watch
 Malia alert
 Muhafonan
 Media ombudsman

Others include:
 Centre for Media and Public Affairs
 Columbia Journalism Review
 Project for Excellence in Journalism
 Media Channel.Org
 Media Tenor
 Media Centre Research Centre
 News Watch Centre for Integration and Improvement
 Slip Up Com
 The Tyndall Report

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Adequate Training and Remuneration for Journalists: Ethical
Mechanism
Adequate training for journalists has long been identified as an effective
mechanism for ensuring and maintaining ethical standards. Journalism has
come a long way from the days when all the skill needed to practise it was
picked up on the job. It took the academic world a long time to accept
journalism as a discipline to be studied in the university.

Woo (2003), tells the story of how the initial offer by Joseph Pulitzer to fund
a department of journalism at Columbia University was rejected. Woo
writes:

Why, people wondered, would any University want to train journalists?

They were mere ink-stained wretches who practiced what at best was a craft,
learned on the job. The idea that journalists belonged in a community of
humanists and scientists seemed laughable. Pulitzer‘s idea seemed
farfetched.

With time, however, the need for adequate formal training was appreciated
by the academia and wider society. And so began the war against unethical
behaviour by journalists. Formal training enables the journalist to acquire the
skills as well as the legal and ethical preparation for the job. And anyone
who has had a stint in journalism practice in Nigeria at least, must have
noticed the correlation between high ethical conduct and education.

Similarly, it is also believed that the poor conditions under which many
Nigerian journalists operate partly account for the unethical behaviour of
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some bad eggs. Consequently, it has been recommended at every conference
and workshop for practicing journalists that employers of journalists in the
country should improve their working conditions as a way nipping
misconduct in the bud.

Legal Regulations as Ethical Mechanism

As was pointed out in lecture two, laws are regulations imposed by the
larger society with formal institutions for their enactment and enforcement.
The legal instruments which regulate media conduct include press laws such
as defamation sedition contempt, copyright and so on.
Journalists are expected to operate within the confines of the laws of the land
in order to avoid litigation and prosecution. Ignorance of the law led to the
imprisonment of many journalists in the colonial era. The journalists of the
new dispensation are much better educated and therefore better equipped to
steer clear of trouble.

Ethical Case Studies

Case Study 1: Fairness and Balance
(The following is one of the complaints adjudicated by the Nigerian Press
Council)

NPC/COM/13/93: AYODELE KUPOLUYI Vs DAILY TIMES

The (Nigerian Press) Council reviewed the complaint of Mr. Ayodele
Kupoluyi against the Daily Times for wrongly publishing an article, titled,
―Why crucify IBB‖, and published in the newspaper on August 12, 1993
with a different title, ―lets join hands with IBB‖.

172
The complainant alleges:
a. That the article was sent in December 1 992and published in August
1993 and between the time lapse, significant political developments
had taken place in the country which made nonsense of the original
aim of the article.
b. That the publication of the said article, ―Lets join hands with IBB‖ Ji
august 12 1993, page 11 in the forum column of the Daily Times was
to achieve the papers political ends, thereby portraying the writer as a
member of the Association for a Better Nigeria - (ABN).
c. That the article had not only embarrassed the writer, but had brought
him to contempt and ridicule among his friends and relatives, and
subsequently led to the loss of his job in TELL Magazine.
d. That the said article was deftly edited such that the writer‘s words
which read ―remaining few months‖ were changed to ―remaining
period‖ when it was only 14 days for TBB to quit office.

The council examined the submissions of the Daily Times through a letter
signed by its legal officer, Mr. T. Tamunekenbia. The content is hereby
summarized as follows
a. That Mr. Ayodele Kupoluyi had complained to the Daily Times
sometime last year about the article he sent and was published by the
paper.
b. That the Daily Times in reply to the complaint had written the
complaint solicitors, Messrs. Onabanjo and associates of 23, Alabi
street, Gbagada estate in which it averred, among others, that,
(i) That article subject of your clients complaints bore no date and there
was no specific request or instruction from your client as to the
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 specific time within which the article should be published.
Therefore, your client‘s claim that he sent it in December 1992
becomes irrelevant.
(ii) We suppose you know and your client too knows that an editor has an
unqualified privilege to publish any article sent in by any
contributor at a time he deems fit. He also has the sole privilege of
casting a head line he deems fit for such articles.
(iii) The headline of the article was from the first sentence of the last
paragraph in your client‘s article.
(iv) That the Daily Times had in fact offered in his letter to the
complainants solicitors to publish an apology if he says that he was
sorry for the words and belief he held as at the time he authorized
it to publish his article.
(v) That the Daily Times maintained that its choice of date in publishing
Mr. Kupoluyi‘s article was not actuated by malice, bad faith or ill
motive, as the complainant was not known to us in person
(vi) That it was not within the paper‘s knowledge that Mr. Kupoluyi
was a reporter with Tell magazine.

Adjudication
Having scrutinized the submissions of both Mr. Kupoluyi and the Daily
Times, Council observed that the article was sent to the Daily Times with a
covering letter dated December 13, 1992. A photocopy of the covering letter
accompanied the letter of the complaint sent to the Nigerian Press Council
by Mr. Kupoluyi. This contradicts the claim of the Daily Times that the
article bore no date.

174
The council is of the view that an article received in December ought not to
have been published eight months later particularly when the editor knew
that within that period, significant political developments had taken place in
the country to probably warrant the writer to have a change of views.

The council is of the view that the action of the Daily Times in publishing
the material eight months after it was sent to it, knowing fully well that
political events in the country during that pEri9d did not tally with the spirit
of the article, is unethical and culpable The council recommends that the
Daily Times should apologize o the complainant in such a way as to reflect
that the paper meant no harm in publishing the opinion at the time it did.
However, a few assertive statements were made in reply of the legal officer
of the daily times and it is necessary to comment on them for the guidance of
the professionals:
a. Time to publish a contribution.
A contribution to a paper is meant to be published to reflect the
opinion of the contributor at a time the issue being discussed is still in
focus or current. Like in a court proceeding, the publication should be
contemporaneous to the subject matter of comment. Every editor
knows that contributions sent to them are meant to address issues that
are current either by way of news published or an on-going discussion
of public interest. Once the matter is out of focus, it is said to be stale.
b. Editor’s right to publish.
The right of an editor to publish any contribution is affected by the
right of the contributor not to be misrepresented through editing the
contribution out of context or publishing the contribution at a time

175
 when the contribution will no longer be contemporaneous with the
events that gave rise to it.
c. The headline cast for a story must reflect the content and import of the
story and should not be meant to over-dramatize a point a contributor
intends make.
Council does not agree that it is ―unethical‖ to apologize for publishing what
a contributor sent if such a publication was made eight months after it was
sent and the time lag was such as would have made the contributor believe
that the contribution was not going to be published the time he expected.

Case Study 2: Right to Reply/Correction

(This is another complaint adjudicated by the Nigerian Press Council)
NPC/COM/12/93: ALHAJI (DR) GARBA HAMZA Vs FAME
MAGAZINE
Aihaji (Dr.) Garba Hamza complained against the Fame magazine in a letter
to the council on October 2, 1993, over alleged defamatory and untrue
reports in the magazine‘s March 2 - March 8, 1993 edition, titled, ―G. N.
Hamza in Visa scandal‖ and September 28 - October 4, The two reports
complained against had said, among others:138

1. March 2-8, 1993 Edition

a. That G. N. Hamza procures visas for desperate Nigerians wishing to
travel abroad for a fee of between N15, 000 and N 50, 000.
b. That the visa racket operated at Hamza Holdings was run at two
fronts: one by Alhaji Hamza himself and the other one by one prince
Bade Tijani of the Nigerian Tourist Defence Corps

176
c. That Alhaji (Dr) Garba Hamza was paying more attention to the visa
racketeering because of his recent financial problem which
necessitated the auctioning of the property by John Knight Finance
Limited, Ikoyi, Lagos.
d. That those visa seekers who could not pay for the quick service are
referred to Prince Tijani who charges about N15, 000. That Prince
Tijani who calls himself commander-general, spoke to the Fame
correspondent who posed as a client and emphasized that if the visa
was not granted, the part payment would be refunded.

2. September 28- October 4, 1993 Edition

a. That the hush-hush romance between Aihaji (Dr) Garba Hamza and a
youngster bad blown open, with the girl‘s parents shouting blue
murder, and
b. That the girl‘s mother is threatening to deal with Alhaji Hamza.
In accordance with the laid - down procedure for investigating complaints,
the secretariat of the council acknowledged receipt of the complaint and
advised the complainant to give the magazine enough time to react. The
complainant was also advised that if the response from the magazine was
unsatisfactory, he could then request the Council to go ahead.
On November 29, 1993, the council received a letter from Dr. Hamza urging
it to proceed with its investigation.
On December 6, Fame magazine was put on notice to respond to the
complaint. On January 12, 1994, council sent a reminder to fame.

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Adjudication
The council noted the refusal of fame magazine to respond to its inquiries
and resolved to go on with the adjudication in accordance with section 9 (1)
(c) and (d) of its enabling law which empowers it to consider and deal with
any matter referred to it in the absence of any party who has been duly
summoned to appear before it.
Having reviewed the complaint, the council:
a. Views as reprehensive the refusal of fame magazine to respond to its
letter and reminder requesting the magazine‘s reaction to the
complaint of Athaji (Dr.) Garba Hamza over two publications namely:
―G. N. Hamza in visa scandal‖, of September 28 — October 4, 1993
edition respectively;
b. Notes that the refusal of the magazine to respond to council‘s
inquiries could leave the innocent bystander with no choice than to
conclude that the magazine has something to hide or is clearly in the
wrong.
c. Stresses that the code of conduct of the Nigerian Union of Journalists
emphatically states that it is the duty of every journalist to correct any
published information found to be incorrect;
d. Invites the magazine‘s attention to the fact that failure to respect this
ethical imperative could open the profession to ridicule and dash the
hope of those who look up to the press as a credible source of
information through which public officials can be held accountable
for their actions; and
e. Re-emphasizes that there is nothing wrong or harmful for the press to
open up or make restitution if its reports turn out to be incorrect.

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In conclusion, council‘s view is that failure on the part of any publication
complained against to react to its inquiries in the bid to adjudicate on the
matter is not just a slap on the council but a disservice to the profession of
journalism and may well undermine the present 4attempt for discipline to be
maintained through moral suasion. Council, therefore, condemns in the
strongest terms, the negligent attitude of Fame and directs that in the absence
of any facts to the contrary, a retraction of the publication as requested by
the complainant be made within one month of the release of this decision.

Case Study 3: Invasion of Privacy

(This complaint was also adjudicated by the Nigerian Press Council)

NPC/COM/48/95: MRS. TAIWO OBASANJO Vs FAME

The council on November 15, 1995 received a complaint from Mrs. Taiwo
Obasanjo against Fame over publications entitled, ―Taiwo Obasanjo
Battered and humiliated‖ (date of edition not included) and ―Taiwo
Obasanjo falls in Love again‖ (October 31, - November 6, 1995 edition).
She also said that Fame had been involved in a deliberate, premeditated and
orchestrated smear campaign of calumny against her person.

Mrs. Obasanjo said that the falsehood published about her was titled ―Taiwo
Obasanjo Battered, Disgraced and Humiliated‖, In this story, it was alleged
that she went to Ota to pick up her children after General Obasanjo was
arrested in June and that the three wives of General Obasanjo beat her up
and threw her out of the farm, while she abused and threw stones at them.
She urged the council to conduct an independent investigation, adding that it
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would find out that General Obasanjo never kept two women under the same
roof and there was no wife living in Ota where her children were in boarding
school.

The complainant stated that the second misinformation published about her
was titled ―Taiwo Obasanjo falls in love again‖, she said that in the story,
Fame alleged that she was seriously in love with one Mr. Odiakose‖.

Mrs. Obasanjo demed knowing any man with such a name, adding that it
was further alleged that she attended her church activities with the
―unknown Mr. Odiakose‖ and she broke up the relationship ―between Mr.
Odiakose and his pregnant journalist woman‖.
The council acknowledged her complaint on November 17, 1995 and
notified Fame of Mrs. Obasanjo‘s complaint requesting it to state its side of
the matter.

On November 24, 1995, council received Fame letter dated November 22,
acknowledging receipt of the complaint. The editor, Mr. Remi Akintunde-
Johnson said that in spite of the fact that ―we are ready to comply with your
instructions, we want to notify the press council that the complainant, Mrs.
Obasanjo, has gone contrary to the council‘s handbook of instruction which
provides for complaining ‗only when you are satisfied that you have invited
the attention of the medium concerned to what you deem objectionable; and
you are not satisfied with the way the matter was handled by the medium‘.
The magazine stated that the only letter received from Mrs. Obasanjo was a
copy of the letter addressed to the Executive Secretary of NPC dated
November 3, 1995, which it received on Wednesday November 15, 1995. It
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said that a day after, it received a strongly worded notice (on Thursday
November 16) from the chambers of Adesuyi Olateru-Olagbegi & Co.
lawyers to Mrs. Obasanjo. The notice, Fame averred advised it to publish an
apology on or before November 27, 1995 as well as pay the sum of one
million naira to be dispersed to charity homes. The magazine also claimed
that the legal firm said that a libel suit of 5 million naira would be instituted
against it if it failed to carry out the request.

Mr. Akintunde-Johnson urged the council to note that Fame next date of
publication was November 27. The editor concluded that from the foregoing
and in consonance with the council‘s established patterns of adjudication,
the magazine was not in the position to adequately respond to the notice.
The council wrote a letter to the complainant requesting to know in writing
if she had decided to handle the matter simultaneously in court. Her attention
was invited to the fact that council‘s procedure precluded it from handling
any matter before the court or from entertaining legal representation.

On December 18, council received a letter from solicitors to Mrs. Obasanjo

informing it of their client‘s decision to stay further legal action. Thus,
Council was requested to proceed with the matter.

The editor explained that the magazine‘s February 21, 1995 edition
―catalogued unabashed romantic notes between her and her lovers‖. He said
that the complainant opened the can of worms through a-28-page
documentary she sent to Today choice magazine detailing several escapades
and preferences of controversial publisher, Dr. Daboh. Mr. Akintunde-
Johnson said that the story in Today’s choice was one-sided and thus
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approached Daboh, who readily presented countless letters, love-notes, cards
and assorted materials lovers to the magazine. Furtherm2re, he said Dr.
Daboh‘s two page exposure in Fame‘s February 21, 1995 edition was
entitled, ―it‘s true, is it a crime to be in love?‖

Fame, the editor maintains, stands by its story that ―Taiwo Obasanjo was
battered‖ contrary to the position of the complainant that it was false. He
explained that the Obasanjo family had been scandalized since the escapades
of Taiwo were published, adding that they (Obasanjo family) had an
opportunity to deal with her when she came to Ota. ―There is absolutely no
doubt that Mrs. Taiwo Obasanjo was forcibly stopped from seeing her
children‖, he maintained. He said that ―complainant had once shown us the
General‘s angry letter of instructions forbidding her from moving near her
kids, Bunmi and Junwo‖.

On the latest story: ―Taiwo Obasanjo falls in love again‖ (October 3, 1995),
the editor said that the magazine had suspected that Mrs. Obasanjo and Ben
had more than a casual relationship since August 1994. He said the paper‘s
society reporter once wrote a short one-paragraph story in its famous
people‘s page of August 30, 1994, ―I wonder what sort of stunt Mrs. Taiwo
Obasanjo was trying to perform a few weeks back. Mrs. Obasanjo, a born
again Christian, was in the car when his driver sped at top speed near her
Ikeja home. That was not the story, however. The car stopped suddenly at a
side street near German Friendship specialist clinic, reversed a few meters
and before you can say Oba.. A man wearing an agbada had jumped into
back seat and the car sped off.

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The reporter, Mr. Akintunde-Johnson said, could only recognize the lady,
but on September 27, 1994 after some investigation he revealed in follow-
up: ―Remember the gist about Mrs. Taiwo Obasanjo, wife of former head of
state, General Olusegun Obasanjo, one Chief Ben, a Delta state indigene. He
is actually a class mate of the born-again lady. In fact, he‘s regular at her
Ikeja (Lagos) home‖. The editor further explained that their source informed
them about a ―new affair‖ between Mrs. Obasanjo and another man, they
only took a fleeting interest. But after studying the story outline, they
decided to work on it because the source was very reliable.

Decision
Council after deliberating on Mrs. Obasanjo‘s complaints and Fame‘s
response:
a. Notes that the weekly has pleaded justification by citing the widely
published liaison between the complainant and Mr. Godwin Daboh
Adzuana which it believed had downgraded her reputation. ,
b. Believes that by pleading justification in view of the much publicized
affair between the complainant and Mr. Daboh and the arguments
canvassed by its editor in his letter to council, the magazine is, in
effect adopting the trite legal dictum that a person cannot defend a
reputation which he does not possess in the first place
c. Notes that because the press had a right to comment freely, fairly and
honestly on any matter of public interest, it is the exercise of this right
that press councils safeguard when dealing with complaints of unfair
reporting.
d. Invites attention to the fact that freedom of speech, whether it be
spoken, the written or the printed word in freedom under the law. The
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 law balances the right of the individual to his reputation against the
equally important right of the individual to his reputation against the
equally important right to express views honestly and fearlessly on
matters of public interest.

Council reminds journalists, be they reporters or editors, that a private

individual has the right to be left alone, and that invasion of privacy is
journalistically defensible only in special circumstances.

That journalists should bear in mind that in considering whether a report

should be published or not, it is important to remember that, in the event of
legal proceedings, a plea of justification means in effect, a further and more
detailed repetition of the report that is the subject of the complaint, and if it
is unsuccessful or is withdrawn at any point the damages will, in all
probability be considerably aggravated by the fact that the respondent has
persisted in his charges till the very last moment.

Council also notes that in a letter dated March 13, 1997, Fame was requested
to narrow its defence to the substantive issue raised in the complaint, which
is that the complainant was battered and humiliated and that she had fallen in
love again. It, however, decided to proceed with the matter when it did not
receive Fame’s response.
Council therefore holds that the report was a clear case of Journalistic
hounding.

Fame is blameworthy and should apologize to the complainant.

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Case Study 4: Malice
(This is yet another complaint adjudicated by the NPC)

NPC/ABJ/COM/1/10/99: GOVERNMENT OF IMO STATE VS THE

EXAMINER NEWSPAPER
The Nigerian Press Council received a complaint from the Imo State
Government in respect of a publication in the publication in the Examiner
Newspaper of September 20-25, 1999. The publication titled, ―Governor,
wife spends N100 million on overseas trips- legislator alleges‖, was a report
of an interview given to the newspaper by a Member of the Imo State House
of Assembly. The publication said, amongst others, that the governor bought
two houses on the visit to the United States and returned to the country
without signing one agreement with any prospective investor. The legislator,
who is from the same party and senatorial district as the Governor, did not
make the allegation in the State House of Assembly. He is reported as
having received the information of the governor‘s alleged purchase of
buildings from the legislator‘s brother in the United States.

In a complaint by an officer of the Imo State Government, the allegation was

not only denied, but a claim was made that the Examiner must have
published the story because the state government would not meet the
demands of Editor- in- chief for patronage.

The Editor was in no doubt that all that was necessary to be done before the
story could be published had been done. The council made some
observations on both the allegations by the government of Imo State and the
reaction of the editor of the Examiner Newspaper.
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On the allegation that the Examiner‘s publication was malicious because the
government had denied patronage to the paper, Council said it was unable to
establish the malice. It noted that the patronage sought was not unusual in
media establishment and operation. The request of the Editor- in-chief to the
Imo State Government that his newspaper be listed for advertising and
subscription was, in the view of council, a legitimate business request.
Council noted that the newspaper published not only a reaction to the story
complained of but an interview with the Government which was favourable.
On the defense by the Editor that the story was fit for publication, council
disagreed. A story of that seriousness would be fit for publication only if all
the verifiable had been verified or if the occasion making of the allegation
was privileged. There was no proof that the newspaper had facts to prove
that the Governor and his wife collected Nl00million and spent it in buying
two houses in the United States of America. The story was even more
suspect when the legislator interviewed by the newspaper claimed that the
allegations he made were based on the information his bother in the United
States gave him.

The degree of proof acceptable in journalism is that which would show

proof of the expenditure as the courts of law would accept. The absence of
such effort in establishing the truth of the serious allegations against the
governor of Imo States and his family was unprofessional and blameworthy.
Council also commented on the status of interviews granted by legislators
and how much protection they have under the code of conduct for
journalists. Council noted that statements of legislators are only protected
when made in the House. The Examiner would rightly have claimed that its
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publication was professional because it would have enjoyed the immunity
which the House in session confers. But the legislator‘s allegations in this
case have no such protection.

Council blamed the evident lack of exhibition of professionalism in the

collection of information that resulted in the publication and defective
judgment of the editor in publishing the story.
Council decided that the Examiners newspaper should publish a retraction of
the story and apologies to the Governor for the embarrassment.

Case Study 5: Bribery

(This is a critical article about bribery in the Nigerian Press culled from
Ethnics in the Media, a publication of the Public Affairs Section, U.S.
Consulate General, Lagos)

THE NIGERIAN HONORARIUM

By Kehinde Bamigbetan
Editor, The country
Nigeria
Should foreign journalists receive honoraria for attending a news conference
called by a government? Should news sources offer to reimburse reporters‘
expenses? Should a foreign reporter publicly deny that he accepted such an
offer if it might jeopardize his ability to work in a foreign country? How can
a foreign reporter protect himself from a government uncomfortable with his
reports?

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The above issues have remained on the front burner of discourse on
journalistic ethics in Nigeria since Stephen Farris, a TIME journalist, visited
the country earlier in 2002 and reported on corruption in the media. In the
article, ―The whole Truth.‖ (TIME, International edition, April 14, 2002),
Farris cited an incident where the federal government bribed foreign
journalists to influence their coverage.

The background: In January, 2002, CNN reporter Jeff Koinange aired a

report on an inter-ethnic clash in Lagos. A few residents said a military
government would have done a better job of stopping the fighting. The
federal government was unhappy with this report because it gave the
impression that military dictatorship was still popular among Nigerians. It
responded by visiting European countries to assure the world the democratic
movement was on course, and by meeting with foreign correspondents
currently based in Lagos.

Farris reported that the Federal Ministry of Information invited foreign

journalists to a press conference in the capital, Abuja, at the end of the
session, each correspondent was given press packs in which ―nestled‖ an
envelope containing 400 dollars.

The report embarrassed the government that took off in May 1999 by
declaring war on corruption and public officials who are guilty of graft.
President Obasanjo set up a committee headed by the Attorney General and
Minister of Justice, Mr. Kanu Agabi, to probe Farns‘ allegation.

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While some sections of the media berated the Minister for bribing foreign
journalists, others thought the gesture was a defensible public relation
initiative. Here is &w one journalist, Waziri Adio, columnist for the
Thursday Newspaper puts it: ―This is where the real danger lies. We have
come to the day that too many journalists see nothing untoward in the action
of the government... That is the real insult and embarrassment, not Mr.
Farris‘ report. ―The journalists did not receive an ―honorarium‖, because an
honorarium is for a service rendered. Any respectable news organization
should pay for gathering news.

Moreover, the fact that it is a common practice does not make it right, and
the intention of the giver is not the issue. What matters is that journalists
follow a code of ethics. Finally, the fact that it is done openly does not make
it right. It only shows how large the problem has become. The panel‘s report
e4xonerated the Information Minister and tried to weaken the credibility of
Farris‘ report. It said the ministry had informed each invited journalist that it
would reimburse their expenses. The payments were to honor this pledge. It
claimed that this was the practice all over the world by international
agencies such as the UN and the United States Information Service (USIS).
The panel accused Farris of coming to Nigeria to engage in the defamation
of Public officials, and noted, ―it is a criminal offence to publish such
malicious falsehoods.‖

The report claimed that only two reporters declined the money on the
grounds that they were in Abuja for another assignment, and only one
reporter returned the money later. It also claimed that Jeff Koinange
collected the honorarium and ―there is no evidence that he returned the
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money.‖ Neither Koinange nor CNN publicly refuted the claim at that time.
But, in response to my inquiry, Koinange told me that he had returned the
money and described the report as an attempt to scapegoat him. A CNN
public relations spokesman categorically denied the accusation. In addition
to CNN only two foreign media, Reuters and AP, announced that they had
rejected the money. That leaves quite a crowd of sinners.

Summary
You can see that the essence of self-regulatory mechanisms is for
journalistic insiders, as it were, to handle issues which arise from time to
time in the media, without the interference of outsiders. All over the world,
the other professions have similar arrangements for regulating the ethical
conduct of their members. This is to ensure that they continue to serve the
best interest of the society and that the bad eggs among them will not drag
the name of the profession in the mud.

However, journalistic ethical conduct cannot be left to the journalists alone.

So the larger society imposes its own mechanisms for regulating media
performance. Journalists and mass media which fall short of societal
expectations are sanctioned accordingly. It, therefore, believes the
responsible journalist to be guided by his professional code of ethics in the
performance of his duty to the society. By so doing he will earn societal
respect and be free from trouble.
You can also see how ethical complaints against the press are adjudicated by
the Nigerian Press Council (NPC). Although the aggrieved persons could
have gone to court, they chose to complain to the NPC so that the matter
would be painstakingly investigated and in- house cautioning of the
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offenders could be done, if they were found culpable. This is the essence of
the ethical mechanisms imposed and enforced by the professionals
themselves.

Post-Test
1. Attempt the pre-test questions again.
2. In what ways is the Nigerian Guild of Editors different from the
Newspapers Proprietors Association of Nigeria?

References
Akinfeleye, R. (2003). ―Fourth Estate of the Realm or Fourth Estate of the
Wreck: Imperative of Social Responsibility of the Press‖ An
Inaugural Lecture, University of Lagos.
M‘bayo, R. (2003). ―Tolerance, Freedom & Truth: The Bed rock of the
Ethics of Mass communication‖ A Paper Presented at the Times
Journalism Institute Media Conference, Lagos, Nigeria, June 15,
2006.
Momoh, T. (2002). Nigerian Media Law and Ethics, Lagos: Efua Media
Associates.
Nigerian Press Council (1998). Ethics in Nigerian Journalism, Abuja:
Nigerian Press Council.
Okunna, C.S. (1995). Ethics of Mass Communication, Enugu: New
Generation Books
Seib, P. and K, Fitz-Patrick (1977) Journalism Ethics, New York: Harcourt
Brace College Publishers.
U.S. Consulate General (2003) Ethics in the Media, Lagos: A Presentation
of U.S. Public Affairs Section
191
Woo, W. (2003) ―Journalism and Serving the Public Trust‖ in Ethics in the
Media, A Presentation By the Public Affairs Section, U.S. Consulate
General, Lagos

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LECTURE SEVENTEEN: HOW POWERFUL IS THE PRESS?

Introduction
An indispensible follow-up to freedom of expression and the press is the
constitutional provision that guarantees free flow of information gathering,
education and dissemination. There is nothing as good as a virile
environment that enforces freedom of speech and the press. Freedom of
speech and the press should not be jettisoned with a view to ensuring the
down of a virile nation.

Objective
At the end of this lecture, you should be able:
1. appreciate the watchdog role of the press in relation to information
dissemination and nation-building.
2. appraise the strengths and weaknesses of the press.
3. discuss various instances where the press has held the leaders of men
responsible for their actions.

Pre-Test
1. How would you justify the assertion that ―the pen is mightier than the
sword‖?
2. Discuss the factors responsible for pres assaults?

CONTENT
It is a common saying that the pen is mightier than the sword. Napoleon
elaborated this concept when he wrote ―Four hostile newspapers are more to

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be feared than a thousand bayonets‖. There is no doubt that only a few who
have seen the sword and the bayonet in action would consent to these
statements and only a novice would opt for the bayonet or the sword in lieu
of a pen.

Now comes the priceless question: Is the pen really mightier than the sword?
These instances might tend to justify it. Richard Nixon was President of the
United States of America. He was caught in a Watergate scandal by Bob
Woodwork and Carl Bernstein, the two reporters of the Washington post.
The ground under him gave way and he dropped down the cliff of his power
into the valley below, his place in the political life of his country became
uncertain while every effort made by his supporters to ensure his re-election
met its waterloo.

In France, Le Monde, a newspaper, unfolded and ran stories of the

systematic torture of Algerians by French soldiers during the Algerian war
of independence. The fourth Republic took a tumble. In Australia, some
government officials took illegal commissions, known as kickbacks in
Nigeria, on foreign loan. The Melbourne newspaper uncovered it. And the
Prime Minister, Gouff Whitlam, kissed the dust. Former Japanese Prime
Minister, Kakuei Tanaka will continue to remember the fourth estate of the
realm. They discovered he look an illegal money from Lockheed and
published it, so, the prime minister lost out.

Here in Nigeria, the former Speaker of the Federal House of

Representatives, as a result of his over zealousness to serve the nation,
falsified his age and certificate. The News magazine dragged out his dirty
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linen and washed it on its pages. Nigerians were shocked and he was asked
to surrender his hard won crown. The stories of the alleged misappropriation
and embezzlement of funds by the former Presidents of the Senate and the
Inspector General of Police were all published by the Nigerian press. Their
exalted offices were immediately declared vacant. All these incidents might
not necessarily portray the press as powerful. But the evidence is
inescapable that the press has its own right. Frankly, an institution which can
―shake‖ the powerful, reducing them to the powerless can hardly be a push
over. Pierre Salinger, the Press Secretary to the President John Kennedy
once said ―no top policy-maker in Washington starts his day without reading
the New York Times‖. It is undisputable that the governed and governor rely
on the press for their information about the world in which they live. Indeed,
purveying information is the primary and major responsibility of the press.
This is the duty that gives the press its influence in the conduct of human
affairs. This influence, to Martin Walker, a British Journalist and author of
the powers of the press, ― … is the power, by right of publication, to impose
a newspaper‘s value and concerns upon society, attention at the risk of
commercial failure, imprisonment, or even suppression‖,

The German sociologist and political scientist, Max Webber, defines power
as ―The possibility of imposing ones will upon the behaviour of other
persons‖. If this is power, then the press has power. Its influence on every
democratic and autocratic society is pervasive. For good or bad, the press
imposes its decisions, views and opinions on the rest of the society. It
dictates public taste. It decides what the public should know, how and when
it should know it. It decides what is fair enough for public consumption. The

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press, in carrying out its primary responsibilities of informing, educating and
entertaining, reserves the right to dispense its wisdom as it deems fit.
Perhaps, this is a narrow concept of power as there is something much
fundamental. This is not power but the myth about power. Nevertheless, the
written or spoken word is a power instrument for social change. Therefore,
anyone with a monopoly of the means or the medium by which the system
or the written word is disseminated can be said to have, and exercise, power.
This may be real in other institutions. But such powers or its exercise by the
press is severely curtailed by the factors beyond the control of the press
itself. It must be noted that the press, by its nature, is a vulnerable institution.
It is vulnerable by the nature of its ownership, its audience as well as by the
political Institution. It is vulnerable to commercial manipulations of
individual; it is vulnerable to the anger and frustrations of individual group
of persons. The forceful closure of New Breed, closure of News Watch, The
Guardian, The Punch, The News, The Tempo and the Imprisonment of
Journalists at various times under various governments in Nigeria, all
confirm the limited power of the press. In addition, the power of the fourth
estate of the realm is inhibited by various conventions and laws that watered
down its biting strength.

Part of the problems of the press is that it is on a struggle for power. The
right to inform carries with it the power to influence beliefs and cause
ground to be shifted. Everyone resents this and so does any government.
Walker opines that ―a government, by definition, is sovereign in its country.
Hence, an independent and often critical voice, with daily and direct access
to the public must be a limitation on the sovereignty‖. Nevertheless, despite
all these, the press remains unique in converting its powerlessness into a
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virtue because the press as a centre of social interaction imposes its
imperative on every society. No one can do without it. Berate it, suppress it.
Manipulate its liberty; the press still remains a pain in the neck of the
society. It remains the only institution that has the privilege of the last word.
No wonder, its ―romance‖ is often sought after by various governments even
if the friendship will later turn sour.

Post-Test
1. Why do you think the romance of the press is often sought after by
various governments?
2. To what extent does the press decide what the public should know?

References
Ayandele F. (2005). The Secret of an Achiever. Kano: Government Printer.
Ayandele, A.D. The Role of the Press in a Democratic Society: A Study of
the Nigerian Fourth Republic: B.A. Project, 2004.
Okunna, C.S. “The Ethnical Journalist as the Bastion of Democracy”, The
Nigerian Journal of Communication. November 2001, Vol. 1, No 1.
Olaore, T. (1998). My Stewardship. Lagos: Tee and Tee Communication
Agency.
Udoakah, N. (1998). Government and the Media in Nigeria. Calabar:
Century Publisher.
Yakubu, A. (1999). Press Law in Nigeria. Lagos: Malthouse Press Limited.

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