The media, being a crucial element of a democratic society would usually have direct and indirect interaction with national laws and regulations. Ideally, these media laws lay general frameworks for responsible media practice, guide media works, and protect the rights and freedom of the press and the people to promote diverse voices and opinions as expected of modern society. However, this ideal scenario isn’t obtainable situation in Nigeria where laws and regulations are often used to repress and attack the media.
In this era marked by increasing legislative and policy hurdles repressing media practice and gagging press freedom, the Media Rights Agenda’s (MRA) “Navigating a Minefield of Laws: A Guide for Nigerian Journalists” is an important resource for journalists. It is an essential toolkit for journalists to unravel the complexities of Nigerian laws that is usually exploited to curtail press freedom, stifle critical and dissenting voices, manipulate narratives and strongarm media practitioners.
The guide provides an in-depth analysis of 40 laws that directly or indirectly impact journalistic practice. From the National Broadcasting Commission Act of 1999 to the Criminal Code Act of 2004, and even less-known statutes like the Children and Young Persons (Harmful Publication) Act of 1943 and the National Lottery Act of 2005, the book reveals the restrictive frameworks that have shaped the media landscape in Nigeria.
One of the media laws analysed is the National Broadcasting Code (6th Edition) 2020 released by the National Broadcasting Commission. The Code has several stipulations to guide broadcasting practices in the country. While some of it protects the rights of the people and public interests, promotes local content and fosters healthy competition in the broadcasting space of the country some stipulations in the code have been criticized as hampering the general principle of freedom of parties to contract and imposing expensive fines. For instance, Code 2.02 prohibits anyone from using any apparatus or premises for transmission of sound or vision by cable, television, radio, satellites or other medium of broadcast from anywhere in Nigeria unless such equipment and premises are licensed by the commission. This can be limiting to broadcasters. Also, fines for any broadcaster, aside from a community broadcaster, which is 50,000, range from about 250,000 to up to 25 million naira or even more. For a business in the media space, such a huge amount of fines can mean the end of existence.
The Criminal Code Act 2004 and Penal Code Act 1960 which were also analysed in the book has several restrictive impacts on the work of journalists and media professional. The Ciminal Code Act for instance in Section 58 gives undue and bogus powers to a minister over publication or series of publication which “in his or her opinion would be contrary to public interest”.Section 420 of the Penal Code has a similar stipulation.
Also, in the Penal Code Act, 1960, publication of “inciting content of any form against the President, Governor, State, Constitution and Administration of Justice”. Any defaulter is punishable by the payment of fine and or seven years imprisonment. This law can be used to hush constructive criticism of the goverment which ic typical of the press in an ideal democracy.
While the popular Cybercrime (prohibition and Prevention) Amendment Act of 2024 was also analysed other laws like Nigerian COmmunications Act, 2023, National Economic Intelligence Committe (establishment) Act, 1994, Wirelest Telegraphy Act 1961, Official Secret Act, 1962, Evidence Act, 2023 (As Amended) and some other laws that directly affect the actions of journalists.
It also explore other laws that are enabling to the Media, like the Freedom of Information Act, 2011, Copyright Act, 2004, African Charter on Human and Peple’s Rights. that
Beyond detailing the pitfalls, the book is a call to action for journalists to build resilience and innovate in the face of challenges. By investing in professional development and legal literacy, journalists can not only safeguard themselves but also enhance the quality and impact of their work.
Navigating a Minefield of Laws is an essential manual for the Nigerian journalist as it equips practitioners with the knowledge and tools to navigate the labyrinth of laws while staying true to their mission of informing and empowering the public.
This resource is indispensable for students, journalists, editors, and media organisations committed to upholding the principles of free expression and ethical reporting in a challenging legal and political environment.
