SETTING THE SCENE
Freedom of the press or freedom of the media is the freedom of communication and expression through mediums including various electronic media and published materials. It is construed as the absence of interference by outside entities such as governments…. (Wikipedia).
In performing its many functions in a democratic society, the press derives its general power and support from Article 19 of the Universal Declaration of Human Rights, which unequivocally guarantees the right to freedom of expression to all human beings:
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold without interference and to seek, receive and Impart information and ideas through any media and regardless of frontiers.
Given the universality of expression, there has been over whether any special the right to freedom of a measure of controversy consideration should be given to the press in the exercise of this right, or whether the press should be granted any ‘special’ freedom different from the freedom of expression already guaranteed to everyone. It has, for instance, been observed that:
Freedom of expression is a universal right. It is not the prerogative of the politician. It is not the privilege of the journalist. It should not be the casualty of their skirmishes nor regarded as a matter of little importance to anyone else (The NS Free Speech Network, 2014).
Although freedom of expression is a universal individual right, it is a special collective right for the journalist. In a democracy, for instance, if the journalist is denied this right, which is exercised through freedom of the press, the entire electorate is denied their right to information on the goings-on in their constituencies. Consequently, democracy can neither grow nor be consolidated. The fundamental role of the Press in a democratic society is aptly captured in the following statements:
Democracy is government by the people. This should require the participation of all. Yet, it would be meaningless without information to inform, debate and shape policy. Proper democracy entails an open society. A free press is an essential prerequisite to an open society. The media searches out and circulates information, ideas, comments and opinions It provides the means for a multiplicity of voices to be heard. At national, regional or local level, it is expected to be the public’s watchdog, activist and guardian as well as educator, entertainer and contemporary chronicler (Ibid).
In considering whether the press requires any additional or ‘special’ right, or whether the safety of journalists should be promoted to enable them effectively exercise their freedom of expression and play their multiple fundamental roles in democracy, consider the following questions:
In the context of modern democracy and in this Information Age, can any other institution perform the above multiple functions better than the press?
Should there still be any controversy on whether or not freedom of the press should be distinct from the general freedom of expression?
Wherein lies the merit in the belief in some quarters and legal verdict that press freedom is derived from the freedom of expression, and, therefore, the press does not need any special protection?
FREEDOM OF THE PRESS: GLOBAL PERSPECTIVES
The press is an indispensable part of any liberal society or democracy. It can, in fact, be described as the ‘oxygen of democracy’. In addition to its numerous other functions, the press is the principal tool for the dissemination of information on politics in this Information Age, ensuring that society is adequately informed to enable the people understand political issues and effectively participate in politics or the democratic process.
The press is also expected to be the watchdog of the society, keeping an eye on political leaders who are governing with the mandate of the people. In this regard, it serves as the mechanism for ‘watching’ political office holders, with the aim of encouraging them to pursue the fundamental objectives of the state. In addition, the press does not only set the political agenda, it also purveys and moulds public opinion by providing the platform for the expression of opinions that could enhance participation in the public sphere and enhance democratic principles.
As stated at the beginning of this section, in performing its many political functions in the democratic process, the press derives its power and support from Article 19 of the Universal Declaration of Human Right. This obligation to guarantee that individuals freely hold opinion and express it, is therefore binding on every nation. This is why all regional associations, like the African Union, as well as individual countries that are members of the United
Nations, have incorporated the Universal Declaration in their constitutions. The best example of a clear incorporation of the Declaration in national constitutions is the First Amendment to the United States’ Constitution which guarantees the right to gather, publish, and distribute information and ideas without government restriction. It states that: “Congress shall make no law.., abridging the Freedom of Speech, or of the Press.”
FREEDOM OF THE PRESS: A NIGERIAN PERSPECTIVE
Nigeria, as the 99th member of the United Nations, has different times of constitutional review or amendment, incorporated freedom of expression and Opinion as a major human right into her constitution. Besides, the Nigerian Constitution has always obligated the press to perform the statutory roles of upholding the fundamental objectives of the state as well as upholding the responsibility and accountability of the government to the people. Sections 21 and 36 of the 1979 Constitution and 22 and 38 of the 1989 Constitution guaranteed freedom of expression and statutory roles for the press, while such guarantees are enshrined in Sections 22 and 39 of the 1999 Constitution (as amended). Specifically, Section 22 of the 1999 Constitution (as amended) guarantees freedom of expression by giving everybody the right to own any medium of communication, while Section 39 states the statutory roles of the press in upholding the accountability and responsibility of the government to the people.
In spite of all these constitutional provisions, there is no clear indication of strong and special forms of protection for the press to carry out its constitutional obligations without interference, threats to life, or extra-judicial repercussions. In fact, in Nigeria, Section 39 of the 1999 Constitution (as amended), which gives the press the statutory role of watchdog, is curtailed by Section 45 of the Constitution that unequivocally states that the role of the Press as provided in Section 22 can be abrogated by any law reasonably justifiable in a democracy. This kind of curtailment is abundantly manifested in the Nigerian media environment with draconian legislation and decrees like Sedition Act,
Defamation Law, Decree 4 of 1984, Decree 2, Nigerian Press Council Law and many others. This situation probably caused Abati (1998) to remark that:
Nigerian press has faced several challenges since 1960 but no challenge has been more of a problem than the menace of military rule and threats to the freedom of the press and the capacity of the press to fulfil its mission as the voice of the voiceless and defender of the oppressed . . . So serious is press censorship in Nigeria that between 1903 and 1998, there have been 29 anti-press legislations in the books. No other industry has been confronted with such a degree of official antagonism.
Perhaps, this is why many media professionals believe that there is no absolute freedom for the Nigerian press because there have been many instances of brutalization of journalists and impunity against the press in Nigeria. Even the Freedom of Information Act that supposedly gives the press and individuals the freedom to gather information does not enhance absolute freedom of the press because some sections of the Act indirectly curtail free access to information.
FREEDOM OF THE PRESS: PROMOTING THE SAFETY OF JOURNALISTS
It is incontrovertible that the indispensable functions of the Press cannot be performed without the guarantee of the safety of journalists and media workers. Indeed, “The safety of journalists is quite simply essential to the civil, political, economic, social and cultural rights of all of us, as well as the right to development” (NaviPillay, 2014).
Freedom of the press, in its true sense, is the instrument that protects journalists and all other media professionals from all forms of impunity. Thus, a high degree of press freedom is essential for building inclusive knowledge societies and democracies and for fostering dialogue, peace and good governance Strong freedom of the press is essential to ensure the safety of journalists and to eradicate impunity and violation of human rights. Without freedom of the Press and adequate safety for journalists, it is impossible to have an informed, active and engaged citizenry. In a climate where journalists are safe, citizens find it easier to access quality information. In fact, “every journalist killed or neutralized by terror is an observer less of the human condition. Every attack distorts reality by creating a climate of fear and self-censorship” (UNESCO, 2002). Therefore, the special protection that strong freedom of the press should provide journalists and media workers should be holistic to include preventive, protective and pre-emptive measures.
Sadly, such strong freedom of the press, and the safety it should guarantee for journalists, is still largely a mirage. Instead, the Controversy on whether or not freedom of the press should be distinct from the general freedom of speech or expression remains unabated. In Nigeria apparently, the paradigm is that press freedom is derived from the freedom of expression, and, therefore, the press does not need any special protection. This belief or legal position might then be the plausible explanation for why the Press continues to operate in dangerous environments without any sense of safety and with fear of extra- judicial repercussions and great impunity. Thus, journalists all over the world, and Particularly in developing countries like Nigeria, continue to work under risks of intimidation harassment, violence, arbitrary arrest, kidnapping and even extra-judicial killings:
Over the years, violence against journalists and extrajudicial killings have been clearly documented by organization like UNESCO.
“In recent years, there has been disquieting evidence of the scale and number of attacks against the safety of journalists and media workers as well as of incidents affecting their ability to exercise freedom of expression by threats of prosecution arrest, imprisonment denial of journalistic access and failures to investigate and prosecute crimes against them” (UN Plan of Action, 2012).
“In 2013, 108 journalists were killed in Africa, excluding those imprisoned exiled . .It is disheartening to note that for the last decade, Africa had recorded some of the highest levels of violence targeting journalists in the world. . . .These attacks constitute an indictment of the poor record on democracy and rule of law in some African countries.” (Garba, 2014).
“Statistics gathered by UNESCO as well as other organizations .. All testify to the staggering number of journalists and media workers killed while performing their professional duties” (UN Plan of Action, 2012).
