Definition of Press Freedom
Generally, freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely. Universally, press freedom is considered a fundamental right for every individual.
Under and by virtue of Article 19 of the United Nations Universal Declaration of Human Rights, ‘everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and to seek, receive, and impart information and ideas through any media regardless of frontiers’.
Article 9 of the African Charter on Human and Peoples Rights guarantees the right to freedom of expression, which includes media freedom. In Nigeria, freedom of the press is a fundamental right guaranteed to every person under section 39 (1) of the Constitution, in similar terms as that of UNDHR. The marginal note to section 39 states that it is right to freedom of expression and the press.
“39 (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.
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, ideas and opinions.”
The exercise of this right is however subject to regulation by law through the fulfilment of conditions laid down for the ownership and establishment of television or wireless broadcasting stations. The National Assembly, pursuant to section 39 (2) supra, enacted the National Broadcasting Commission Act to establish the National Broadcasting Commission (NBC) as the regulating agency for the media. Although there may be the need to put in place measures to regulate media practice in the interest of peace and stability of every society, they must however be reasonably justifiable in a democratic society.
Cases of threat to press freedom
There have been instances when the state and its agencies have encroached upon or attempted to restrict the exercise of the right to press freedom by the citizens in circumstances that depict unreasonable interference. A case in point is that of the popular artist, Eedris Abdulkareem, whose latest song, ‘Tell Your Papa’, was axed by the NBC, when in April 2025, it directed all Nigerian radio and television stations not to air the said song. In its statement, NBC claimed that the song is inappropriate for broadcast due to its objectionable nature. Abdulkareem is well known for his protest songs, which he constantly deploys to criticise the government and other societal ills.
In June 2024, he released the song titled ‘Emi Lo Kan’, wherein he stated that Nigerians are hungry and suffering from severe hardship. Earlier on in 2004, Abdulkareem released his hit song ‘Nigeria Jaga Jaga’ during the administration of President Olusegun Obasanjo. In 2018, he released a song titled ‘Letter to Obasanjo’, in which he accused the former president of being Nigeria’s problem.
The culture of protest songs is not new in or peculiar to Nigeria. Afrobeat legend, Fela Anikulapo-Kuti in his lifetime constantly deployed his music to criticise the corrupted form of African democracy and the wholesale assimilation of religion. Banning Abdulkareem’s songs shows gross intolerance for dissent, which is an essential ingredient of democratic practice worldwide.
To be continued tomorrow.
Adegboruwa is a Senior Advocate of Nigeria (SAN).
