Nigeria: Proposed law threatens media freedom

IFEX - News from the international freedom of expression community
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ACTION ALERT - NIGERIA

18 August 2004

Proposed law threatens media freedom

SOURCE: Media Rights Agenda (MRA), Lagos

(MRA/IFEX) - Nigeria's federal Legislature, the National Assembly, is
considering a draft law that would impose sanctions, jail-terms, fines and
suspension for media outlets found guilty of sensational reporting on
violent conflicts, parliamentary or inter-governmental disputes, natural
disasters and other "negative trends and tendencies".

The draft law, entitled the "Journalism Enhancement Bill", is presently
before the House of Representatives, the lower chamber in Nigeria's
bi-cameral Legislature. The bill provides for the establishment of a Media
Practitioners Complaints Commission (MPCC) in each state of the federation
and the Federal Capital Territory (FCT), with powers to take disciplinary
measures against media practitioners who violate its provisions.

Section 27 of the draft law stipulates that, "A journalist shall not
present or report acts of violence, religious or inter-ethnic or tribal
conflicts, armed robberies, terrorist activities, national controversies,
such as inter-governmental or parliamentary conflicts, natural disasters,
vulgar displays of wealth, or other negative trends and tendencies in the
society or polity, in a sensational way, or in a manner that glorifies such
acts in the eyes of the public or foreign observers."

Journalists who violate this provision "shall be guilty of professional
misconduct, and the matter shall be referred to the Nigerian Press Council
by the Nigerian Union of Journalists, or any of its members or any affected
persons, for appropriate disciplinary action, which may include suspension
and/or withdrawal of the registration of the journalists from the Nigerian
Union of Journalists and the Nigerian Press Council."

The draft law stipulates that the publication of "inaccurate and/or
misleading" stories in the media would result in punishment for both the
reporter and the media organisation.

The bill also says that information on the personal life of individuals may
only be published when the publication is of public interest and is
undertaken to expose crime, serious misdemeanours or anti-social conduct, or
to protect public health, morality, safety and the public from being misled
by the individual concerned.

Under the proposed law, any journalist who solicits or accepts inducement to
publish or suppress a story may be jailed for up to one year or fined
100,000 naira (approx. US$750).

The MPCC would have powers to initiate inquiries into cases of professional
misconduct, summon people for evidence and prescribe punishment for offences
committed by journalists. Section 37 stipulates that, "Where a journalist is
found liable by the commission for professional and or ethical misconduct,
it shall have power to reprimand or suspend him for a period not exceeding
twelve (12) months, or impose any other appropriate punishment".

RECOMMENDED ACTION:

Send appeals to authorities:
- stating that the use of criminal sanctions to repress or intimidate
journalists violates the right to freedom of expression guaranteed by
Section 39 of the 1999 Nigerian Constitution as well as international human
rights instruments to which Nigeria is a signatory and undermines the spirit
of Nigeria's new democratic process
- calling on them to immediately stop further consideration of the bill and
to withdraw it
- urging them to respect the rights of journalists to practice their
profession freely and to regulate themselves

APPEALS TO:

Honourable Aminu Bello Masari
Speaker
House of Representatives
Three Arms Zone, Abuja
Tel: +234 9 231 0315
Mobile: +234 80 3314 1290

Honourable Austin Adiele Opara
Deputy Speaker
House of Representatives
Three Arms Zone, Abuja
Tel: +234 9 231 0278

Honourable Abike Dabiri
Chairperson, Committee on Media and Public Affairs
House of Representatives
Three Arms Zone, Abuja
Mobile: +234 80 2313 3734

Please copy appeals to the source if possible.

For further information, contact Ayode Longe, Media Rights Agenda, 10
Agboola Aina Street, off Amore Street, Ikeja, P.O. Box 52113, Ikoyi, Lagos,
Nigeria, tel: +234 1 493 6033, fax: +234 1 493 0831, e-mail:
[email protected], Internet: http://www.internews.org/mra

The information contained in this action alert is the sole responsibility of
MRA. In citing this material for broadcast or publication, please credit
MRA.
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