The outrage has been unimaginable; the condemnations have been obvious and clearly uniting. On Monday, July 12, 2021, the front pages of leading Nigerian newspapers detailed the climactic consequences of two of the most obnoxious bills currently tabled before Nigeria’s National Assembly: the provocative bills are the Nigerian Broadcasting Commission (NBC) and the Nigerian Press Council (NPC) Act amendment bills. The semiotic implications of Monday’s front page illustration portrayed an imprisoned press, a dehumanised society pilloried by a repressive dictatorship masquerading as a shambolic democracy in a global age that boasts of parading the best of technologies in modern communication. If truth be told, not much else has been the hallmark of the present age’s safe advancement in freedom of expression and individual representations.
Titled: “An act to amend the Nigerian Press Council Act Cap N128, laws of the Federation of Nigeria 1992 to remove bottlenecks affecting its performance and make the council in tune with the current realities in regulating press and for related matters,”the amendments seek to give the presidency, through the Ministry of Information, the power of constituting the Board of the Nigerian Press Council, which includes the representatives of media associations.
Among other responsibilities, the Council is saddled with the task of regulating media practice, and ensuring truthful, genuine and quality services by print media houses and media practitioners. However, with the amendment to the Act, this would be done “with the approval of the minister in charge of information,” establishing and disseminating a national press code and standards to guide conduct of media practitioners. The council would also approve penalties and fines against violations of the Press Code by print media houses and media practitioners. This would include the revocation of licence. Also, the council would receive, process, and consider applications for the establishment, ownership and operation of print media and other related media houses.
As reported, Section 17 of the Principal Act is amended by substituting new subsections 3 and 4. Thus, where the medium of information or the journalist so sanctioned in accordance with subsection (1) of this section does not comply with the Council’s prescriptions, the medium or journalist is guilty of an offence and shall be liable on conviction: (a) in the case of a corporate body to a fine of N1 million only, and (b) in case of a journalist to a fine of N250,000 only, and the Council shall order the suspension of the journalist from practice for a period not exceeding six months or more.
Quite troubling as reported is also that the proposed amendments seek to jail journalists for up to three years and fine media houses to the tune of N10million. When enacted, the commission is given powers to determine public interest and impose sanctions on television stations, including fines and revocation of licences, where it feels broadcasters have acted against its perception of public interest, while the amendment to the NPC Act gives the Minister of Information powers to approve the NPC Code.
This disturbing trend negates the spirit of any democratic ethos. Sweden is remarked as the first country in the world to adopt freedom of the press into its constitution with the Freedom of the Press Act of 1766. Basically, freedom of the press or freedom of the media through various media, including print and electronic, especially published materials, should be considered a right that should be exercised without negative restrictions. Such freedom as available through the media, shouldn’t be limited by state powers that appear to seek to rein in dissident voices, but through objective provisions as backed by the constitution. Recognising that press liberty is central to the self-preservation and the extensive possibilities of societal well-being, the United Nations’ 1948 Universal Declaration of Human Rights states: “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.”
While many stakeholders have called for the total dismissal of the proposed bills, Speaker of Nigeria’s House of Representatives, Femi Gbajabiamila, has pledged his support for press freedom, but still seeks some level of regulation for the media.
According to Gbajabiamila, “I will not be part of any bill that will gag the press. I have made that abundantly clear. No bill will come to the floor of the House that seeks to gag the press, because the press is supposed to be the voice of the people.
“I hold very strongly the view that there is press freedom and there is freedom of expression. There has always been and there will always be.
“However, what we call freedom of expression, and I think it is important for us as Nigerians to listen to one another and understand each other, so that we can make progress as a nation. “There is nowhere in the world where freedom of expression is absolute. Freedom of expression is limited to the extent that it does not affect another person’s freedom.
“Freedom of expression is not absolute and this is made abundantly clear, even in the constitution itself. If you go to Section 45 of your Constitution, it tells you how your freedom, which someone said was guaranteed, is constitutionally allowed where the government may limit that freedom for the sake of health, morality, and security. It is written in black and white.
“So, whilst I will never allow gaging of the press, I worry where, at every turn the National Assembly tries to promulgate the law with the best of intentions, people descend on the National Assembly. Some just jump on the bandwagon without even knowing the details, without even knowing the issues.
“I am using this as a sample. This press council bill, I called the proponent of the bill, who you all know very well and asked, ‘What is going on? What have you done? What is this bill? He tried to break it down for me. I have not read it personally myself, I will confess to that, but I will read it in the next couple of days to have the details. I just have a perfunctory general idea of the contents. He told me he had a meeting with all the stakeholders. I was not present at the meeting. But that is what they wanted.
“Whatever provision that is in that bill that is inimical to the development of the press, we will remove or tweak in such a way that everybody will be happy.
“But from my understanding and I don’t know how far this is true, the issue was not about any provision. The issue is that we do not even want any bill to regulate. We don’t want to be regulated. Now that gives me concern because first, we are getting to a point in this country that nobody wants to be regulated. NGOs don’t want to be regulated; religious bodies don’t want to be regulated. Social media does not want to be regulated. Professors of universities go on strike because they do not want to be on the same payment platform as everybody else. Everybody just wants to have a free reign.
“What is the government there for if not to regulate for good governance. We talk about good governance but we don’t want to regulate and achieve good governance. So, regulation is an essential element of good governance. We cannot just let the people or any institution run amok. The executive is regulated. The judiciary, to a large extent, is regulated, the legislature is regulated. Just name it. Institutions are meant to be regulated.”
Speaking to the Nigerian Tribune, US-based culture enthusiast and journalist, Jude Ndubuisi, argued that the action of the National Assembly only demonstrates the lack of democratic ideals that is representative of Nigeria.
He said: “It stinks. How can you desire to regulate the press to such extent? It is indeed disturbing that the current leadership Nigeria’s political class would want to do this. How did the country get to this point? It is not just about regulating the media; it is about totally stopping the media from doing its work. One should be worried about what is happening in Nigeria. There are already laws which guide media operations in Nigeria. Seeking such amendments only show that Nigeria lacks democratic ideals. Every right-thinking person should be worried. I am worried.”
Meanwhile, as of July 13, 2021, Olusegun Odebunmi, member of the house of representatives who sponsored the NPC and NBC amendment bills, said the process has been suspended. It remains to be seen what follows afterwards.
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