Media practitioners as the unprotected watchdog – Part 2

A journalist being harrassed on duty

Limitations of Freedom of Information Act
The Freedom of Information Act also has its limitations. Except for the imposition of obligations on the media, journalists are not protected with any special rights or privileges apart from the right to freedom of expression. This apart, journalists are usually denied information by public officers and in many cases, public officers claim ignorance of the existence of the Act.

Other laws/ policies militating against safety of journalists
These laws and policies include safety of journalists include.
Terrorism (Prohibition and Prevention) Act, 2022:

This Act criminalises incitement to commit terrorism through the Internet or any electronic media or through the use of printed materials or through the dissemination of terrorist information. It did not however, define the word: incitement .

Cybercrime (Prohibition and Prevention)Act, 2015.
Section 24(1) of the Cybercrime Act, states: “A person who knowingly or intentionally sends a message or other matter by means of computer systems or network that is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be sent, or he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent, commits an offence under this Act and is liable on conviction to a fine of not more than N7, 000, 000.00 or imprisonment for a term, not more than 3 years or both”.
These provisions violate freedom of expression.

Defamation laws and other challenges
Aside these, the journalist still has to face the challenges of coping with the usually familiar laws of defamation, very poor working environment, lack of proper regulation as well as no respect for rule of law.

Unfavourable working environment
Most practising journalists in Nigeria work under a very unfavourable environment. Except for those employed in the public sector, salaries and allowances, where paid are very meagre and irregular. The conditions of service are very poor: There is neither insurance cover for journalists nor retirement benefits. How can journalists work safely under these circumstances?

Lack of proper regulation of the media
The media profession in Nigeria is not well regulated. It is more like an all -comers profession as there are no strict rules guiding entry into and practice of the profession. The advent of social media has made the situation more chaotic and confusing.

No respect for rule of law
Nigeria is a country where the rule of law is not respected. We are a country with laws, not a country of laws. The lawmakers and law enforcers are usually the first to break the law with impunity.

With the high level of corruption in the country, it is generally believed that it is only the poor and down- trodden that are subjected to punishment for violations of our laws.

The way forward: Amend the Constitutional provisions on media
To safeguard the safety of journalists, there is a need to amend sections of the Constitution that relate to the mass media.
Sections 22 that gives obligations to the mass media to monitor governance and hold government accountable to the people must be made truly obligatory. Right now, the role given to the mass media is not enforceable.

Section 39 (1) that provides for freedom of expression and the press should be amended to give freedom to mass media practitioners to practise not just freedom of ownership of the media.

Review terrorism and cybercrime Acts
As noted above, some of the provisions of the Terrorism and Cybercrime Acts pose serious dangers to the safety of journalists. There is a need to review the Acts in order to expunge those provisions that criminalise freedom of expression and the press.

Create conducive working environment for journalists
It is a well-known fact that Journalists work under terrible conditions of service. There is neither insurance cover nor retirement benefits.
This situation should be reviewed to ensure the safety of journalists.

Proper regulation of the media
There is a need to ensure proper regulation of professional journalism to enhance the status of the profession and the safety of journalists.

Support and collaborate with UNESCO and other stakeholders
There cannot be safety of journalists when journalists themselves pay lukewarm attention to issues that concern their welfare. Journalists must continue to support and collaborate with UNESCO, safety groups, Non-Governmental Organisations like the Media Centre for Promotion of Safety Awareness and other stakeholders to create a safer environment for the practice of the profession.

Enforcement of the rule of law
Above all, we must ensure that the country is governed under the rule of law.
Unless and until these issues are effectively tackled, the Nigerian journalist will continue to suffer as a watchdog without protection.
Concluded
Ogbamosa, a legal practitioner/ Communications Consultant, can be reached via [email protected]

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