Archive for category: Freedom of Expression and the press

As our right to freedom of expression be, e no be right wey nobody fit checkmate. The limit of the right n aim dey down wey we talk below:

1. State Privilege

This one na the right wey state get through dem officials, agents make dem no release evidence wey be sey if dem release am for open court, it go affect dem public interest.”[1] Our Evidence Act self no gree make dem disclose official document wey dem never publish except sey dem don get permission from the Oga wey head the department wehere the document dey come from;[2] or disclose communication wey dem make under official confidence wey no dey for public interets;[3] or make dem go produce document wey dey with an officer of govement which dem no suppose produce.[4] All the documents wey we dey talk no be like corruption document o bcos journalist get right to expose corrupt people dem

1. Official Secret

• Contempt of Court

For us to get good administration of justice from our courts, we no suppose dey interfere wrongly on matter wey dey court in way wey fit hinder court to do beta job[5]. Contempt of court wey mean disrespect to court fit be civil or criminal matter. Criminal contempt na the one wey pesin don interefere for administration of justice. And dem fit use Contempt proceeding for court to punish offender and to for other to learn. Our people for media, make we avoid all wetin we list for here:

1. Publications wey dey harmful to a fair criminal matter for court;
2. Publications wey dey harmful to a fair civil matter for court;
3. Publication wey go humiliate or dishonour the court;
4. Disrecpect for the face of the court;
5. Conduct wey go interfere justcice.

 

 

 

1. Obscene and harmful publications

The reason wey dem dey restrict obscene and harmful publications na because of the interest of public morality. Obscene publications wey we dey talk fit be pornography, erotic realism, and other erotica.

1. Defamation:

To insult or smear people wey dem dey call defamation fit happen like a statement wey rubbish the reputation of pesin and the statement com lower im reputation among people wey fit make people dey shun or avoid am. [6] Dem go call am defamation if the publication go do the following:

1. Low the pesin among right thinking members of the society generally; or
2. It go expose am to hatred, ridicule or contempt; or
3. It go make others shun or avoid him; or
4. It go discredit am in his office, grade or profession; or
5. It go injure his financial credit.

As we don talk am, defamation fit be civil and criminal in nature. Criminal defamation as e dey for criminal code talk sey:

…matter we likely go injure the reputation of another like e go expose am to hatred, contempt or ridicule, or go likely damage pesin for im profession or trade na injury to im reputation.[7]

Before pesin go sey dem don defame am , the following suppose don happene:

1. The words wey dem use against am go dey offensive and insultive ;
2. The words wey dem use must refer to the pesin wey sey dem don defame am
3. The words wey dem use against am must dey published wher people go see am.

Make we no forget sey defamation fit happen either fot libel, wey be publication of defamatory statement for print, online or wey den for written form. E fit be slander, wey be spoken words, conduct or other translator form.

 

Lastly as we wan match brake on this right, generally for law of tort, if somebody sey dem defame am and journalist come get justification  of truth meaning sey wetin e publish, na true e happen, the journalist go get good defence o. A good example be sey dem publish sey pesin na thief. E com sey dem don defame am. At the end the journalist get document/evidence wey confirm true true sey the peson don thief, the journalist go get justification be dat.

[1] Osibajo & Fogam, Nigerian Media Law, p. 150

[2] Section 166 of the Evidence Act

[3] Section 166 of the Evidence Act

[4] Section 167 of the Evidence Act

[5] See Osinbajo and Forgam, op cit, under Limitation to the right of freedom of expression

[6] Winfield & Jolowicz on Tort, Swet & Maxwell, 1984, 12^th ed. P. 293

[7] Section 373 of the Criminal code

Weda you be proprietors, journalists or bloggers, you get right to pass on information to people because this right to pass on “Impart” information, our constitution infact talk expressely for section 39

You fit no see make dem type the word ‘Press” uder the Freedom of Expression but the way wey dem take arrange am make am oart if the right[1].  If Freedom of Expressiin dey but the press no come get freedom, then freedom of expression go sey meaningless.

Becos sey Press dey important, our constitution talk am  for section 22 sey:

 

The press, radio, television and other agencies of the mass media dem dey freet to dey advocate  at all time for all fundamental objectiveswey dey under chapterII and make sure sey the Govment sey accountable to the  people.

 

Make we no forget sey this freedom of expression don cover new media such as Blogging/ online radio/ online Tv dem as dem dey pass on opinion, dey receive information like dem radio and TV too.

No be small work dem press people dey do. Na dem dey help us expose corruption, abuse of office and dem official misconduct wey itself dey serve as a deterrent for people wey wan be famous through infamous conduct.

[1] Adewole v. Jakande (1981) 1 NCLR 262; See Section 3 of the Interpretation Act. (1964) (No.1)