MAC 212 MEDIA AND SOCIETY
UNIT 3 PRESS FREEDOM IN NIGERIA
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Meaning of Press Freedom
3.2 Constitutional Guarantees of Press Freedom
3.3 Limits to Press Freedom
4.0 Conclusion
5.0 Summary
6.0 Tutor-Marked Assignment
7.0 References/Further Readings
1.0 INTRODUCTION
There is a general notion that press freedom is hard to define. While
others look at it as “the right to communicate ideas, opinions and
information through the printed word without governmental restraint,”
the difficulty actually lies in defining the word “press” itself. Is the
word, press make up of newspapers, magazines, journals or does it
include broadcasting and other forms of communication yet dreamt of?
Another dilemma in demystifying the concept of press freedom is in the
degree of freedom sought or implied in the concept. That
notwithstanding, we shall attempt to deal with the concept of press
freedom in this unit with particular emphasis on Nigeria.
2.0 OBJECTIVES
At the end of this unit, you should be able to:
• define press freedom
• outline constitutional guarantees for press freedom
• discuss limits to press freedom in Nigeria.
3.0 MAIN CONTENT
3.1 Definition of Press Freedom
Press freedom is practically the same thing with freedom of expression
which many people believe is the mother of all freedoms.
Press freedom connotes a free flow of information and the rights to
disseminate information without hindrances whatsoever.
SELF ASSESSMENT EXERCISE 1
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MAC 212 MEDIA AND SOCIETY
Define Press freedom.
3.2 Constitutional Guarantees for Press Freedom
The 1960 constitution provided under Section 24 for freedom of
expression, including freedom to hold opinions and to receive and
impart ideas and information without interference. (Momoh, 2004:62).
Momoh also observed:
Section 24 of the 1960 constitution became Section 25 of the
Republican Constitution of 1963 and formed the major part of Section
38 of the 1989 Constitution, Section 40 of the 1995 draft constitution,
and Section 39 of the 1999 Constitution.
Let us examine Section 39 of the 1999 constitution of the Federal
Republic of Nigeria in full in order to appreciate constitutional
guarantees for press freedom in Nigeria. It states as follows:
(1) Every person shall be entitled to freedom of expression, including
freedom to hold opinions and to receive and impart ideas and
information without interference.
(2) Without prejudice to the generality of subsection (1) of this
section, every person shall be entitled to own, establish and
operate any medium for the dissemination of information and
opinions:
Provided that no person, other than the Government of the Federation or
of a state or any other person or body authorized by the President on the
fulfillment of conditions laid down by an Act of the National Assembly,
shall own, establish or operate a television or wireless broadcasting
station for any purpose whatsoever.
SELF ASSESSMENT EXERCISE 2
Highlight the constitutional guarantees for press freedom in Nigeria.
3.3 Limits to Press Freedom in Nigeria
There is no absolute press freedom anywhere in the world. Nigeria
which professes to have one of the freest press in Africa has a lot of
limitations to press freedom. Sunday (2006:115) argued that press
freedom is limited in the overall interest of the society by:
• The constitution
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MAC 212 MEDIA AND SOCIETY
• The legislature
• The courts
• The government
It is contradictory to discover that the same constitution which
guarantees press freedom takes away the same freedom it gives to media
men. The 1999 constitution for instance, has given conditions for
expression of freedom. According to this statute book, expression of
freedom is subject to any law that is reasonably justifiable in a
democratic society.
Section 39(3) of the 1999 constitution states as follows:
(3) 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 film;
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 Nigeria Police
Force or other Government security services or agencies
established by law.
Let us examine other limitations on the laws empowering the media-
press freedom as chronicled by Momoh (2007:13-14):
Section 45(1) of the constitution provides as follows:
“Nothing in sections 37,38,39,40 and 41 of the 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.”
2. The section that affects the media is section 39 which we
already know guarantees freedom of expression and freedom to
own, establish and operate a medium for imparting information,
ideas and opinions to those who are willing to receive them. It is
when we look at details of the limitations on the exercise of the
freedom under section 39 we discover that media practitioners
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MAC 212 MEDIA AND SOCIETY
need to be more serious in investigating the mines that litter the
road taken.
3. The media must therefore look at the various laws that have been
promulgated in the interest of defence, public order, public
morality or public health, and for the protection of the reputation
of others. We will here look at the Criminal Code to point to the
extent which the polity has gone in protecting itself against
interests that may be opposed to public good.
4. Part 2 of chapters 2-10, for example, deals with offences against
public order. They include:
(a) Treason and certain other offences (secs 37-49)
(b) Sedition and the importation of seditious or undesirable
publications (secs 50-60). These include power to prohibit
importation of publication (sec 58); publication of false news
with intent to cause fear and alarm to public (59); and defamation
of persons exercising sovereign authority over a state (sec 60).
(c) Offences against the Executive or Legislative power (sec 61)
(d) Unlawful societies (sec 62-68)
(e) Unlawful assemblies (sec 69-88A) especially section 88A which
deals with provoking breach of the peace by offensive
publication.
(f) Offences against the administration of law and justice, and
against public authority (sec 89-97) especially section 97 dealing
with disclosure of official secrets.
(g) Corruption and abuse of office (sec 98-111). These provisions
have been reinforced with the setting up of the Economic and
Financial Crime Commission and the ICPC.
(h) Offences relating to the administration of justice (secs 113-133)
5. There are also provisions for punishing offences against public
morality (secs 214-233A); and public health (secs 243-251).
6. The greatest danger the media faces today is coping with the
protection which the laws give to those whose reputation has
been called to question. Many media house do not fully
appreciate the cost which neglect of this protection can cause the
organisation in terms of payment of damages.
SELF ASSESSMENT EXERCISE 3
Outline the limitation of press freedom in Nigeria.
4.0 CONCLUSION
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MAC 212 MEDIA AND SOCIETY
In this unit, you have discovered that though there are constitutional
guarantees for press freedom in Nigeria. The statute book also
showcased limitations against press freedom.
5.0 SUMMARY
In this unit, we have appraised the concept of press freedom, from the
perspective of definition, constitutional guarantees and limitations.
6.0 TUTOR-MARKED ASSIGNMENT
Define press freedom and examine its limitations in the Nigerian
constitution.
7.0 REFERENCES/FURTHER READINGS
Egbon, M. (2001). Democratic Journalism in Two Worlds: A
Comparative Study of Press Freedom in the American and the
Nigerian Mass Media. Zaria: Tamaza Press.
Momoh, T. (2002). Nigerian Media Laws. Lagos: Efua Media
Associates Ltd.
Momoh, T. (2007). “Journalism Training of Relevance” Unpublished
Seminar Paper Presented at the Nigerian Press Council’s
Workshop on October 6, 2007 in Lagos.
Sunday, O. (2006). JLS 605: News Reporting. Lagos: National Open
University of Nigeria.
The 1999 Constitution of the Federal Republic of Nigeria.
UNIT 4 THE NIGERIAN PRESS COUNCIL
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