TheNewsGuru

Tag: MEDIA

  • Don’t publish my children’s photos-George Clooney, begs media

    Don’t publish my children’s photos-George Clooney, begs media

    American actor George Clooney has called on the media not to publish pictures of his children, to avoid putting them in danger.

    The “Oceans 11” star says that as a human rights lawyer, his wife Amal Clooney takes on evil-doers, making the couple’s children potential targets for retribution.

    “The nature of my wife’s work has her confronting and putting on trial terrorist groups and we take as much precaution as we can to keep our family safe,” says Clooney’s open letter, which was published in Variety.

    “We cannot protect our children if any publication puts their faces on their cover.”

    The 60-year-old “Batman & Robin” star addressed his letter to “the Daily Mail and other publications”, and said he was prompted to write after seeing photographs of actress Billie Lourd’s one-year-old daughter online. Billie Lourd is Carrie Fisher’s daughter.

    “I am a public figure and accept the oftentimes intrusive photos as part of the price to pay for doing my job,” the letter says. “Our children have made no such commitment.

    “We have never sold a picture of our kids, we are not on social media and never post pictures because to do so would put their lives in jeopardy. Not paranoid jeopardy but real-world issues, with real-world consequences,” the “Gravity” actor wrote.

    “We hope that you would agree that the need to sell advertisement isn’t greater than the need to keep innocent children from being targeted.”

    The couple has twins, who were born in 2017.

    Clooney has previously tangled with the Daily Mail, a British-based tabloid that has exported its aggressive celebrity journalism successfully to the United States in recent years with a populist online version.

    Clooney accused the newspaper of fabricating an article saying his future mother-in-law objected to his upcoming marriage in 2014.

    The paper apologised, but while thanking them for the apology, Clooney said he did not accept it.

    AFP has contacted the Daily Mail for a response to the letter.

     

  • Stop calling them bandits, they are terrorists, Falana tells Media, Nigerians

    Stop calling them bandits, they are terrorists, Falana tells Media, Nigerians

    Human rights activist and Senior Advocate of Nigeria, Femi Falana, has urged the media and Nigerians to stop branding terrorists as mere bandits.

    Mr Falana made the appeal in a statement on Sunday while reacting to the Federal Government’s seeming silence on the calls to declare bandits as terrorists.

    He made reference to the Chibok situation, as well as IPOB among others who the government was “quick to proscribe” as terrorists and yet has continued to treat banditry ‘lightly’.

    “It is public knowledge that the dangerous criminal elements who kidnapped the Chibok and Dapchi secondary school girls in the North East Zone in 2014 and 2017 respectively were not referred to as bandits.

    “They were called terrorists by the Federal Government and the media. The description was correct as the abductions carried out by the criminal elements were acts of terrorism. But for reasons best known to the Federal Government the criminal elements who are currently involved in the brutal killing of innocent people and abduction of thousands of people including primary school pupils in the North West Zone are called bandits and not terrorists.

    “Embarrassed by the reluctance of the Federal Government to deal decisively with the so-called bandits the members of the Senate and House of Representatives, in separate sittings, unanimously passed resolutions last weekend requesting President Buhari to declare the dangerous criminal elements as terrorists and proscribe them in accordance with the provisions of the Terrorism Prevention Act as amended without any further delay.

    “The federal lawmakers also asked President Buhari to declare all the known leaders of the bandits wanted and track them wherever they are for arrest and prosecution. So far, the Federal Government has ignored the resolutions.

    “However, as the Federal Government is not prepared to declare them as terrorists we call on the media and the Nigerian people to stop referring to terrorists as bandits,” the Senior Advocate said.

    The Senate had during the plenary last Wednesday, urged President Muhammadu Buhari to declare bandits as terrorists.

    The federal lawmakers also asked the President to declare all the known leaders of the bandits wanted and track them wherever they are for arrest and prosecution.

    The resolutions followed a motion moved by the Senator representing Sokoto East, Senator Ibrahim Abdullahi Gobir, and eight others.

    There’s however, yet to be any reaction from the presidency.

  • I support FIRS on media tax – Dele Sobowale

    I support FIRS on media tax – Dele Sobowale

    By Dele Sobowale

    Before the reader gets upset, let her/him remember that I also will be paying the FIRS media tax which this article supports. So, I am not promoting a measure from which I will be exempted. To be quite candid, the media tax is long overdue. The surprising thing to me is that it has taken the tax authorities so long to recognise that media usage constitutes consumption; not in any way different from going to a concert or the cinema. Nobody seriously argues or objects when such activities are taxed. Why, then, the opposition to this particular tax? Before attempting to answer that question, let me make my principle on this matter very clear. It was derived from ancient history.

    “We must therefore not shrink from accusing our friends or praising our enemies; nor need we be afraid of praising or blaming the same people at different times. Since it is impossible that men who are engaged in public affairs shall always be in the right; and unlikely that they should always be in the wrong. We must therefore detach ourselves from the actors in our own story; and apply to them only such statements and judgments as their conduct deserves.” Polybius, Greek Philosopher, c200-118 BC.

    Neither Buhari nor the Head of the Federal Internal Revenue Service, FIRS is my friend or my enemy. The FIRS chief is unknown to me beyond the pages of newspapers and occasional appearances on television. I have no pathological hatred for anybody in government; on account of which every measure proposed by them must be opposed – despite the inequities inherent in the allocation of the tax revenue now federally collected.

    Recently, Governor Wike pointed out that Rivers State generates N15 billion a month and receives N4.7 billion in return. That was the basis for the court action he undertook recently. Lagos State which generates 48 per cent of the N120 billion is fast tracking its own law that will empower the state to collect its own VAT. Despite being a Lagosian, I have my doubts that the consequences will be as envisaged by the states now leading the agitation for states’ financial Resource Control. The battle has just started.

    The Federal and State Governments share the same fate in one regard. Aggregate revenue is dwindling nationally; while, at the same time costs of running governments are rising steeply. Two elements, in particular, are drilling holes in the pockets of governments more than anybody imagined two years ago – insecurity and COVID. They are unlikely to go away any time soon. Meanwhile, citizens are demanding for better education, improved health care, and above all, an end to unprecedented insecurity. The question which only those in government are called upon to answer is: where will the funds come from?

    Several suggestions have been floated. But, all of them have faced strong opposition from segments of society – as well as media. Two examples will illustrate the point.

    Right-sizing the public service will reduce the payroll bill. But, organised Labour and media will object to increasing the number of unemployed people. So, that is out. Re-introducing toll gates on Federal roads will not only raise several billion naira, concessioning will place the burden of road repairs on the contractors. Funds now deployed to those areas will be available for other purposes. Another objection arose. Toll gates will cause inflation by increasing the cost of goods transported. So, that is out too.

    “You cannot make omelettes without breaking eggs.”

    Every time governments propose introduction or increase, of taxes, tolls, tariffs, or rates, most Nigerians assume, what to me, is a puerile attitude. Egged on by superficial analysts, they are always against. Broad statements such as “let then find other sources to increase internally-generated revenue” or “reduce security votes” or “stop corruption” are offered as “solutions” to gullible Nigerians – who applaud them. In reality, it is all nonsensical. In reality, fiscal problems can only be properly solved by, first quantifying them (how much is needed monthly, annually? Etc); secondly, identification of revenue sources (where will the money come from?) and finally introduction of measures to mobilise the funds follows.

    Taxes, especially consumption taxes, are the major sources of revenue in every advanced country. The curse of oil, which started in the 1970s, was responsible for our collective loss of senses. And, while the signs are clear to a few Nigerians, the vast majority of us, including leaders of Labour and most commentators, are still wedded to a the past when revenue from crude oil sales paid all our bills. Fellow Nigerians are encouraged to continue in the fools’ paradise where toll-free roads are built and maintained with public funds so that riders can enjoy free rides. The questions I want to ask such people are: where else in the world is that happening? Why should Nigeria be an exception? And, if not this tax, which tax do you support to generate revenue for governments? Certainly, nobody who is against all taxes can expect to be taken seriously.

    WHY MEDIA TAX?

    The short answer is: because it is easy to collect and there is a large pool of it. Three of the top seven most valued companies on Nigerian Stock Exchange, NSE, are networks. Collectively, they generate more revenue than more than ninety per cent of the rest put together. That is a lot of consumption. If we already tax other activities in the services and entertainment sectors, it was a gross error on the part of the tax authorities not to have included this sector in the tax revenue basket. It will amount to criminal negligence for the National Assembly not to pass the necessary bill to correct this monumental mistake.

    “Nigeria’s oil production falls to 1.24mbpd.” That was a recent news report – which should alarm all of us. Our quota imposed by the Organisation of Petroleum Exporting Countries, OPEC, stands at 1.8mbpd. We are under-producing by 31 per cent. Even with the price fluctuating above our benchmark, we are not benefiting. Instead there is a wide negative variance between budgeted and actual revenue. The reasons for the production decline are also well-known. First, the number of rigs is down. And, none of those now idle are getting ready to return to production any time soon. So, this is not a temporary setback. It appears almost permanent. Nigerians can expect no increase in crude revenue for a long time to come.

    Still, governments all over Nigeria need more revenue; and crude oil can no longer save us by providing the dollars we need. And, there is no other large pool of taxable expenditure to bail us out of the national fiscal prison than this one. We might as well brace up to the inevitable.

    Meanwhile, the controversy over the collection of VAT is only about re-distribution, not increase, of the VAT revenue between FG and states; as well as the Federal Capital Territory – 38 governments in total. A few states will benefit; most will lose a great deal. Incidentally, the FG will still receive 50 per cent, which will again be allocated according to existing formula. Without closing the gates to people from the impoverished states, the winners can expect invasions from the losers. Businesses and organizational VAT taxpayers, hitherto preparing one cheque and audited by one government, will be called upon to prepare up to 38 cheques and expect audit visits from up to 38 governments. The cost of doing business will go up. Some might choose to pack up and go.

    The VAT battle has just started. I stand solidly behind FIRS.

  • Nigeria media cannot be captured – Media Icon, Dr. Otiono

    Nigeria media cannot be captured – Media Icon, Dr. Otiono

    The Nigeria media cannot be captured. This was the assertion made by Dr. Nduka Otiono an Associate Professor and Graduate Program Coordinator at the Institute of African Studies, Carleton University.

    He made this statement while delivering a keynote address at the Inaugural Virtual Edition of the Jacksonites Professional Development Series Seminar, which took place on July 30,2021.

    The seminar which was attended by many professionals, including Jacksonites, across the globe had the theme “A Captured Media in an Insecure Nation: Democracy, Hate Speech and Free Speech on Trial?”

    In his speech, he noted that the right to freedom of expression as guaranteed and protected in Section 39 of the 1999 Constitution of Nigeria which is also enshrined in article 19 of Universal Declaration on Human Right and Article 9 of the Africa Chapter on Human and People’s right is an indication that freedom of expression is a necessity. He said that the right to freedom of expression is a right and not a privilege.

    According to Dr. Otiono, the Nigeria Media remains one of the most vigorous in the world and a very resilient one because some of them operate in a guerrilla fashion.

    He said that although the media in Nigeria has been suppressed by dictators as witnessed during the ENDSARS protest, the continued responses and resistance from the media points to the fact that the Nigeria media cannot be captured.

    Dr. Otiono also said that Fake News and hate speech have been widely aided by the social media where at the touch of the button one can disseminate any information you wish to send to millions of people with access to the internet just about the same time.

    According to him, at the dawn of the year 2000, many Nigerians looked forward to a progressive new age. The drivers of optimism were the promises of the new democratic fourth republic inaugurated on May 29, 1999 as well as developmental potentials of globalization, modernity and digital democracy. 25 years and 7 Presidents into the new millennium. All these promises seem to have faded away. Nigeria under the rule of President Muhammadu Buhari is currently deteriorating on the brink of state failure, he said.

    “Media appears captured in an insecure nation where Boko Haram Terrorists and Herders presides with impunity. Fake news and hate speech have become the unholy binary force that underpins social political communication”

    Reacting to the address, Mallam Garba Shehu, Senior Special Assistant to the President on Media and Publicity corroborated Dr. Otiono’s assertion that the Nigeria Media cannot be captured.

    “You cannot kill the press; you cannot chain it. The press is vibrant and aggressive and it will continue to be so.” Garba said.

    The maiden seminar which was planned and organized by Alumni of the Department of Mass Communication, University of Nigeria, Nsukka also known as Jacksonites Worldwide Forum was well attended.

    The Virtual Seminar was moderated by Barr. Kingsley Osadolor, an Ex-Deputy Managing Director, Guardian Newspaper and the current host of the acclaimed Good Morning Nigeria news talk show.

    The Chair of the Steering Committee, Chinedu Mba, in her opening remark said, “Today’s event is a proof of what a group of committed Jacksonites can do. We have come together across the globe to achieve something that is based on a shared vision and mission and what you are going to experience today is a proof of professionalism.”

    She also noted that globally, Nigerians have risen as professionals making positive impact in the economies of their different host countries and this spirit underscores what the seminar series is set to achieve. She explained that the Jacksonites professional Development Series is set to promote the personal and professional development of Jacksonites, professionals, and students in communications and other sectors.

    Prof. Pat Utomi the President of Jacksonites Worldwide expressed his pleasure at being part of the maiden edition of the Jacksonites Professional Development Series Seminar. He believes this is the beginning of greater things to come.

    Prof. Charles Okigbo a renowned Communications Professor expressed his delight at the success of the maiden edition. He said “…it pleases me to know that this is just the beginning, and I expect to see more.”

    Dr. Chuks O. Enwerem a lecturer in the Department of Mass Communication, National Open University of Nigeria Abuja who gave the closing remarks appreciated the Chair of the Steering Committee; Prof. Chinedu Mba, the Guest Speaker; Dr. Nduka Otiono, the Moderator; Barr. Kingsley Osadolor, as well as all participants for attending the Inaugural seminar.

    Some of the Participants at this the maiden edition include: Prof Charles Okigbo, Dr. Isah E. Momoh, Mallam Garba Shehu, Mr. Nn’emeka Maduegbuna, Dr. Chinedu Christian Odoemelam, Susan Eshett, Obi Emekekwue, Moshood Isamotu, Ugo Onuoha, and Ogechukwu Udeagha.

     

     

    Oghenevwarhe Adogbeji writing from Lagos, Nigeria

  • Buhari, Lai Mohammed dragged to court over plot to ‘gag’ media

    Buhari, Lai Mohammed dragged to court over plot to ‘gag’ media

    Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development have filed a lawsuit against President Muhammadu Buhari and Mr. Lai Mohammed, Minister of Information and Culture.

    SERAP asked the court to “declare illegal the gag order stopping journalists and broadcast stations from reporting details of terrorist attacks and victims, as the order violates media freedom and Nigerians’ freedom of expression and access to information.”

    Joined in the suit as Defendant is the National Broadcasting Commission (NBC).

    The suit followed the directive by NBC asking journalists, television and radio stations in Nigeria to stop “glamourising and giving too many details on the nefarious activities of terrorists and kidnappers” during their daily newspaper reviews.

    In the suit number FHC/ABJ/CS/725/2021 filed last Friday, SERAP and PTCIJ are seeking: “an order of perpetual injunction restraining the government of President Buhari, the NBC, and Mr Lai Muhammed or any other persons from imposing fines or other sanctions on broadcast stations for carrying out their constitutional duties of reporting details of terrorist attacks and victims during daily newspaper reviews.”

    In the suit, SERAP and PTCIJ are seeking “an order to compel and direct the NBC and Mr Lai Muhammed to withdraw the directive asking journalists and broadcast stations to stop reporting details on terrorist attacks and victims, as the directive is unlawful and inconsistent with the Nigerian Constitution of 1999 [as amended], and the country’s international human rights obligations.”

    SERAP and PTCIJ are also seeking “an order setting aside the directive on reporting of terrorist attacks and victims, for being inconsistent and incompatible with sections 22 and 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.”

    According to SERAP: “Unless the reliefs sought are urgently granted by this Honourable Court, the directive by the NBC and Mr Lai Muhammed would be used to impermissibly restrict Nigerians’ rights to freedom of expression, access to information, media freedom, and victims’ right to justice and effective remedies.”

    SERAP and PTCIJ are arguing that “the failure by the government of President Buhari to direct the NBC to withdraw its directive on reporting of terrorist attacks and victims violates sections 5[a] and [b], 147 and 148 of the Nigerian Constitution, Code of Conduct for Public Officers [Fifth Schedule Part 1], and Oath of office [Seventh Schedule] of the Constitution.”

    SERAP and PTCIJ are also seeking “a declaration that sections 5.4.1[f] and 5.4.3 of the National Broadcasting Code and their application to the daily review of newspaper headlines by broadcast stations are inconsistent with sections 22 and 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.”

    According to SERAP and PTCIJ: “The NBC directive fails to establish a direct and immediate connection between the reporting by broadcast stations and purported risks to national security and peace. The NBC is using ‘national security’ as a pretext to intimidate and harass journalists and broadcast stations, and to violate Nigerians’ rights to freedom of expression and access to information.”

    SERAP and PTCIJ are also arguing that: “Factual reporting on the growing violence in some parts of Nigeria is a matter of public interest. National security considerations should be limited in application to situations in which the interest of the whole nation is at stake, which would thereby exclude restrictions in the sole interest of a government, regime, or power group.”

    The suit filed on behalf of SERAP and PTCIJ by their lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The NBC and Mr Lai Muhammed lack the power and authority to restrict the ability of journalists and broadcast stations to carry out their constitutional duties and to unlawfully impose penalty such as fines and other sanctions on any journalists and broadcast stations for reporting on details of terrorist attacks and victims in the country.”

    “SERAP and PTCIJ together with several millions of Nigerians easily access information, news and form opinions on government policies through the daily newspaper reviews by journalists and broadcast stations in Nigeria.”

    “While the NBC has the powers to make rules to enable it perform its statutory functions under section 2[1] [a] to [u] of NBC Act, such statutory powers ought to be exercised in line with the Nigerian Constitution, and the country’s international human rights obligations.”

    “The pertinent questions that arise from the directive are: Who determines what would amount to ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ during the daily review of newspaper headlines? What constitutes ‘divisive materials’ during the daily review of newspaper headlines by journalists and broadcast stations?”

    “In law, a regulation that is vague and loose in its scope cannot be used to take away constitutionally and internationally recognized human rights to freedom of expression, access to information, and media freedom.”

    “The interference with the constitutional and legal duties of journalists and broadcast stations cannot be justified, as Nigerian authorities have failed to show that reporting of terrorist attacks and victims would impose a specific risk of harm to a legitimate State interest that outweighs the public’s interest in such information.”

    “The Constitution is the grundnorm and the fundamental law of the land. All other legislations in this country take their hierarchy from the provisions of the Constitution. It is not a mere common legal document.”

    “The Courts as the veritable agency for the protection and preservation of rule of law should ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.”

    “Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory duties, the end result will be anarchy, licentiousness, authoritarianism and brigandage leading to the loss of the much cherished and constitutionally guaranteed freedom and liberty.”

    However, no date has been fixed for the hearing of the application for an interim injunction, and the substantive suit.

  • Media not friendly with bandits, terrorists -NGE

    Media not friendly with bandits, terrorists -NGE

    The Nigerian Guild of Editors on Wednesday dismissed the statement by the National Broadcasting Commission that journalists were best friends of terrorists and bandits.

    The guild said since journalists have a responsibility to help the nation cope with the prevailing threat and consequences of banditry, kidnapping and terrorism in Nigeria, they would continue to be responsible and responsive in their reports.

    The NGE in a statement by its President, Mustapha Isah; and General Secretary, Iyobosa Uwugiaren, titled, ‘NGE: Media not disposed to giving terrorists exposure,’ said it would never be disposed to giving the bloodthirsty criminals any exposure.

    The NGE was responding to the current directive by the NBC, which warned journalists, television and radio stations in Nigeria against “glamorizing and giving too many details on the nefarious activities of terrorists and kidnappers,” their daily newspaper reviews.

    The NBC had in the order cautioned broadcasters against glamorizing and giving too many details on the nefarious activities of terrorists and kidnappers during their daily newspaper reviews.

    However, the NGE described the directive as a subtle threat to free press, freedom of expression, access to information, and victims’ right to justice, which were essential ingredients for public debate and accountability in a democratic space.

    The organisation said given the consistent anti-media policy of the NBC in recent times, its members were concerned about what the agency meant by the expansive definitions of what may constitute “too many details,” “glamorising,’’ “divisive rhetoric,’’ and ‘’security issues.”

    The statement reads partly, “We hope it is not a ploy by the NBC to ban newspapers review in broadcasting stations because the content of the directive doesn’t specify what kind of conduct would fall within their realm. It is our view that the role of independent, critical, and trustworthy journalism has never been more important than now in our country.”

    The NGE stated that the Nigerian media were aware of their responsibility in the current collective efforts to address the security challenges in the country.

    The statement added, “We must also not lose ability to see that security, in a democratic nation, is not an end in itself.

    “Its single purpose is to protect the capability of institutions, including the media, to guarantee citizens the free exercise of their fundamental human rights, without discrimination.”

    The NGE reiterated that there were no security without free media and free expression, and no free expression and free media without security, saying the two terms should come hand-in-hand and not fight each other in the general interest of the nation.

     

  • Stop seeing, treating media like political opponent – Editors tell FG, lawmakers

    Stop seeing, treating media like political opponent – Editors tell FG, lawmakers

    Nigeria’s umbrella union of all editors, the Nigerian Guild of Editors (NGE), has said the media industry is not a political opponent or enemy of the Federal Government.

    The guild said many of the political elite’s attacks on the media were not envisioned to win an argument on values – journalistic or legal – but meant to bully media organisations.

    The NGE said this while reacting to what it called “draconian provisions” in two Bills to amend the Nigerian Press Council (NPC) Act and the National Broadcasting Commission (NBC) Act that are currently before the National Assembly.

    The guild said the sponsors of the Bills claimed that they were aimed at moderating the “recklessness” of the media, but it argued that they “are actually meant to criminalise journalism practice in the country”.

    In a statement by Mustapha Isah (President) and Iyobosa Uwugiaren (General Secretary), the NGE said the media, being the “oxygen of democracy”, would be strangulated if the Bills were passed in their present forms.

    “At a time there is a popular ongoing global conversation about the need for a #NewDealForJournalism” – for immediate and sustained action from, and collaboration between governments and other influential actors to improve the policy, funding, and enabling environment for independent professional journalism – we see the proposed legislations as unhelpful.

    “While we are not opposed to an Act that will promote media stakeholders-driven regulatory council, the many draconian provisions in the Odebunmi Olusegun-sponsored Bills are actually aimed at criminalising media practice in Nigeria. While the intention of the sponsor of the bills is suspicious, the Bills negate all known features of media regulatory bodies in the world,” the NGE said.

    The guild alluded to the NPC Act, CAP N128, Laws of the Federation of Nigeria 1992, created by the military dictatorship.

    It noted that while the NPC Act “gives the Council’s Board full responsibility to administer the council”, the proposed Act restricts the council’s board to “advisory capacity on a part-time basis without direct interference in the day-to-day administration of the council”, and gives the Executive Secretary all the power.

    “While the proposed NPC Act says the Board shall consist of one representative each from the Nigeria Union of Journalists (NUJ), Nigerian Guild of Editors (NGE), Newspapers Proprietors Association of Nigeria (NPAN), Broadcasting Organisation of Nigeria (BON), the Ministry of Information, two representative of the general public, one of whom shall be a legal practitioner and a woman and Executive Secretary of the council, who shall serve as the secretary to the Board, the board is a mere advisory body.

    “The Bill also says that the Chairman of the Board shall be appointed by the President on the recommendation of the Minister in charge of Information, and that all other members of the Board shall be appointed by the President on the recommendation by the Minister of Information. The intension of this kind of Council is suspicious,” the NGE said.

    The body of editors stressed that the professional body does not need the approval of the Minister of Information to establish and disseminate a National Press Code and standards to guide the conduct of the print media, related media houses and media practitioners.

    The body approved the placement of penalties and fines against violation of the press code, as provided for in the Bill.

    On the proposed NBC amendment legislation, the guild said the Section 23 of the Bill, which gives the Minister of Information the powers to participate in the making of regulations, is unhelpful.

    It added that the participation of the minister would turn NBC into a tool for political interference.

    The guild also said the provisions of the two bills give the impression that the Federal Government is out to crush its enemy, saying that the media is not an enemy of the state.

    The NGE added that the two Bills, if passed, would compound the nation’s negative image in the global community.

    It stressed that the Bills are perceived to be attempts to further stifle the democratic space in the country, which is currently having challenges in all fronts.

    The NGE said it also opposed to heavy involvement of the President and the Minister of Information in the composition of appointments into the boards of NBC and the NPC, saying the board members should appoint their own chairmen.

    It added: “The NPC and NBC should be truly independent, and should not be under the supervision of the Minister of Information, who is a political office holder and affiliated to a political party.”

    “The Ghana model comes to mind here. Nigeria should be seen to be moving with time, instead of taking retrogressive steps in media freedom.”

    The guild urged the National Assembly to remove the obnoxious provisions in the two Bills, which make them look as if they were meant to strangulate, instead of regulate the media.

  • SERAP gives Buhari, NBC 24 hours to withdraw gag order on reporting of terrorist attacks

    SERAP gives Buhari, NBC 24 hours to withdraw gag order on reporting of terrorist attacks

    Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari urging him to use his leadership position “to urgently instruct Mr Lai Mohammed, Minister of Information and Culture, and the National Broadcasting Commission (NBC) to withdraw the directive containing a sweeping gag order banning journalists and broadcast stations from reporting details of terrorist attacks and victims across the country.”

     

    The NBC had in a letter dated 7 July, 2021 issued a directive asking journalists, television and radio stations in Nigeria to stop “glamourising and giving too many details on the nefarious activities of terrorists and kidnappers” during their daily newspaper reviews.

     

    Reacting, SERAP in a letter dated 17 July, 2021 and signed by its deputy director Kolawole Oluwadare said: “The contents of the directive by the NBC to journalists and broadcast stations are entirely inconsistent and incompatible with Nigeria’s obligations under article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights.”

     

    SERAP said: “We would be grateful if the repressive directive is withdrawn within 24 hours of the receipt and/or publication of this letter. If we have not heard from you by then, the SERAP shall take all appropriate legal actions in the public interest.”

     

    The organization expressed “grave concern that the contents of the NBC directive would impermissibly restrict the rights to freedom of expression, information, and victims’ right to justice and effective remedies that are central to public debate and accountability in a democratic society.”

     

    SERAP said: “Reporting on the growing violence and killings in many parts of the country is a matter of public interest. The NBC directive to journalists and broadcast stations to stop reporting these cases, coupled with the possibility of fines and other punishment, would have a disproportionate chilling effect on the work of those seeking to hold the government accountable to the public.”

     

    The letter, read in part: “The broad definitions of what may constitute ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ heighten concerns of overreach, confer far-reaching discretion on the government, and suggest that the NBC directive is more intrusive than necessary.”

     

    “These words and phrases do not indicate precisely what kind of individual conduct would fall within their ambit.”

     

    “The vague and overbroad definitions of ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ also raise concern that the NBC directive unduly interferes with the rights to freedom of expression and information, and is disproportionate to any purported legitimate governmental aim. Ill-defined and/or overly broad directives are open to arbitrary application and abuse.”

     

    “The use of these words and phrases by the NBC, given their opaque and ambiguous meaning, leaves open the possibility for application beyond unequivocal incitement to hatred, hostility or violence. Such words and phrases may function to interpret legitimate reporting by broadcast stations, journalists, and other Nigerians as unlawful.”

     

    “Exacerbating these concerns are growing restriction of civic space, the suspension of Twitter in Nigeria, and the attempts by your government to push for the amendment of the Nigeria Press Council Act and the National Broadcasting Commission Act, to further suppress media freedom, freedom of expression and access to information.”

     

    “Allowing the media to freely carry out their duties is essential to building a secure society and leaving no one behind. Conversely, imposing impermissible restrictions on broadcast stations, journalists and other Nigerians undermines the security that builds a healthy and vibrant society.”

     

    “Article 19(1) of the International Covenant on Civil and Political Rights establishes the right to freedom of opinion without interference. Article 19(2) establishes Nigeria’s obligations to respect and ensure this right, which includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, and through any media of one’s choice.”

     

    “Under article 19(3), restrictions on the right to freedom of expression must be ‘provided by law’, and necessary ‘for respect of the rights or reputations of others’ or ‘for the protection of national security or of public order, or of public health and morals’.”

     

    “Although article 19(3) recognizes ‘national security’ as a legitimate aim, the Human Rights Council, the body charged with monitoring implementation of the Covenant, has stressed ‘the need to ensure that invocation of national security is not used unjustifiably or arbitrarily to restrict the right to freedom of opinion and expression.’”

     

    “Since article 19(2) promotes so clearly a right to information of all kinds, this indicates that your government bears the burden of justifying any restriction on reporting of cases of violence and killings, and withholding of such information as an exception to that right.”

     

    “Any restrictions should be applied strictly so that they do not put in jeopardy the right itself. The NBC directive to broadcast stations fails to meet the requirements of legality, necessity and proportionality.”

    “The requirement of necessity also implies an assessment of the proportionality of restrictions such as those being imposed by the NBC, with the aim of ensuring that restrictions target a specific objective and do not unduly intrude upon the rights of targeted persons.”

     

    “The interference with the constitutional and legal duties of journalists and broadcast stations cannot be justified in the context of the right to information, as the NBC directive has not shown that their reporting would impose a specific risk of harm to a legitimate State interest that outweighs the public’s interest in such information.”

     

    “The NBC directive may also create an environment that unduly deters and penalizes broadcast stations and journalists, and the reporting of government wrongdoing more generally.”

     

    “The Special Rapporteur on the right to freedom expression has concluded that national security considerations should be ‘limited in application to situations in which the interest of the whole nation is at stake, which would thereby exclude restrictions in the sole interest of a government, regime, or power group.’”

     

    “SERAP notes the collective interdependency of the compendium of constitutional and international human rights, which function to collectively complement and enhance the advancement of the security and rights of each individual in society.”

     

    “We hope that the aspects highlighted will help guide your actions in acting to ensure that Nigerian journalists and media can freely carry out their constitutional duties as contained in Section 22 of the Nigerian Constitution.”

     

    “While your government has the obligation to maintain national security, this obligation is not set apart from the obligation to protect and ensure human rights. National security is a necessary and integral part of the right to security guaranteed to each person individually.”

     

    “According to our information, the NBC called for ‘caution’ by broadcasters while reporting security challenges in the country. The directive, titled: ‘Newspaper Reviews And Current Affairs Programmes: A Need For Caution’, was signed by the Director, Broadcast Monitoring, Francisca Aiyetan, on behalf of the new Director-General of the Commission, Balarabe Ilelah.”

     

  • Nigeria: How Not To Gag The Media – Dan Amor

    Nigeria: How Not To Gag The Media – Dan Amor

    By DAN AMOR

    It is a sad story to tell but telling it we must. Before the advent of the present “democratic” dispensation, Nigeria was literally run by buccaneers who plundered the nation’s till into private use and built empires over the painful anxieties of the oppressed people. Upon assumption of office, the present crop of leaders (since 1999 till date) promised to make Nigerians put the pains of the past behind them as they were poised to embark on massive people-oriented programmes. Consequently, therefore, Nigerians who had long been living in penury and deprivation felt that the only option left to them was to hope for better days ahead. This is more so as the beauty of any government is its ability to bring together human and material resources and use them for the uplift of society. It would be recalled that during those dark days in our nation’s annals when the military usurped the polity to breaking point, the Nigerian media stood firmly on the side of the people.

    In the face of intimidation and blatant abuse of their fundamental human rights, Nigerian journalists resolutely fought the military to a stand-still thereby paving the way for the current “democratic” system. In the process, many journalists were brutalized and jailed while several others had their precious lives cut short in their prime. Dele Giwa, one of Africa’s most colourful journalists and pioneer Chief Executive Officer and Editor-in-Chief of Newswatch magazine was assassinated with a letter-bomb on October 19, 1986 in Lagos at just 39 by agents of intimidation in solidarity with advanced state terrorism. Another ace correspondent of THENEWS/A.M NEWS and TEMPO, Bagauda Kaltho, was murdered with a bomb by Abacha’s hit squad on January 19, 1996 in Kaduna.

    In order to succeed in their battle against the press, the military deliberately accused fearless journalists and critics of their nefarious rule of coup plotting and were subsequently clamped into detention in very dehumanizing conditions. Kunle Ajibade, Chris Anyanwu, Ben Charles-Obi, Niran Malaolu and others, were victims in this category, even as Chinedu Offoaro, a reporter of The Guardian simply disappeared from the face of the earth since May 26, 1996. To be candid, whenever there is bad government, whenever government fails to provide for the people or fails to achieve anything for posterity, the Press suffers. This is because the government fears the crusading press. It is unfortunate that a government that came into being from a political party that calls itself “ALL PROGRESSIVES CONGRESS (APC)” could take the country back to the dark days of draconian military laws. It is unbelievable and lamentable!

    Again, it is common knowledge that while members of the Nigerian Press were being subjected to the aforementioned levels of inhuman treatment by the military, most of our current politicians who are presiding over the free-for-all looting and sharing of the national patrimony were busy hobnobbing with the military either as contractors, intellectual acrobats, court jesters or even political jobbers. There is, therefore, no professional group in Nigeria today that can honestly lay claim to the liberation of Nigeria and its peoples from the jaws of military sharks and tyranny more than the Nigerian Union of Journalists (NUJ) and the Nigerian Gild of Editors (NGE). In fact, the Nigerian Press which is supposed to be the sole arbiter or safety valve for the common man, owes it a duty to protect the democracy it relentlessly and conscientiously fought for. Yet, we seem to be repeating the past. It was George Santayana, poet and philosopher, who said that: “Those who do not know the past are doomed to repeat it.” We know the past. Or, don’t we?

    Given the gale of arrest and detention of journalists conditioned by monumental illegalities and abuse of power since 1999, our wobbly democracy is greatly threatened by those elected to manage it. The arrest, detention and trial of journalists by government for doing their job is made worse by an attempt to gag the media. Our mandate is therefore beyond the slogan of informing, educating and entertaining the public. Just as Section 22 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, asserts that: “The Press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the Government to the people”, we also have the social responsibility to defend the cause of the popular masses. We must defend and propagate the Libertarian Social Responsibility Theory of the Press. It is against this backdrop that we must sit up especially now that the politicians have started going mad and drunk with power again. At the National Assembly, the law makers have nothing to offer Nigerians except the protection and propagation of their self-interests. The jigsaw puzzle of our national instability is yet to be solved more than 21 years into civil governance.

    It is even getting worse when the governing class is fanning the embers of discord with bigotry, religious fanaticism and mendacity. Since the past six years the communal bond that hitherto held us together is caving in with frightening possibilities as the only item on the agenda of ethnic nationalities in the country today is to go their separate ways. Nigeria has never been this divided. Therefore, what is most important now is the unity of media practitioners against the forces of reaction in the country; to keep Nigeria one. It is important especially at a time when state opportunism can force hungry journalists to a neutrality of maneuver in which solidarity covers an alliance with the forces of reaction, a time in which several governments engage the services of writers to paint an official image of their respective “achievements” in the media for cheap political goals.

    Yet, this “democracy” has also enhanced our acquaintance with the natural order of human progress, and understanding of the fact that the worst civilian regime is by far better than the most benevolent military dictatorship, at least in Nigeria. For, despite all their apparent incongruity, there are points of identity between the ruthlessly competitive spirit of corruption among our politicians and their humanitarian zeal for social betterment. The media must wake up from its slumber. The incessant killings, abduction and rape of thousands of Nigerians under the watch of the Muhammadu Buhari administration is enough cause to jolt media practitioners from illusions into stark realities.

    Whereas, during the military era, the government could maintain themselves in power through a policy of facile demagogy and a constant run of festivities and stillborn projects, whose effect was mitigated by shows of force, some of our current politicians still manage to display their ebullient faith in human progress with the understanding that they might be voted out of power if they failed to deliver. Since the past 21 years of “democratic” civil governance, it is ironical that this government that rode to power in 2015 on the crest of the media is trying to invoke authoritarian military laws of 1992 to cage the media. With obviously ulterior motives, the government is using the instrumentality of the National Assembly to achieve its nefarious objective. Somebody has sponsored a Bill for an Act to amend the Press Council Act CAP N128 Laws of the Federation of Nigeria, 1992, to remove issues affecting performance and to compel the Council to regulate the Press. This is being done without carrying the stakeholders: the Nigerian Gild of Editors (NGE), the Nigeria Union of Journalists (NUJ), the Newspaper Proprietors Association of Nigeria (NPAN), and the Gild of Public Affairs Analysts of Nigeria (GPAAN) along.

    Although it is also democratic for people to hold a contrary opinion of the motives behind media criticism of government, those who deplore the “frivolity” of the press and its natural form of group exposure and communal cleansing simply ignore the nature of its social and professional responsibility to the people. Indeed, the aspiration of our time for wholeness, empathy and depth of awareness is a natural adjunct of the present age of information. Every culture or every age has its favourite mode of perception and knowledge that it is inclined to prescribe for everybody. The current method of trying to muzzle the media by this government is unacceptable and deplorable. The government has tactically exhumed the Nigerian Press Council (NPC) Act of 1992 and the National Broadcasting Commission (NBC) Act to annihilate the media.

    By this, the government would ascertain what constitute fake news, who owns a media house, who works there, what they write and distribution channel. We do not need such shenanigans in the media in a democratic dispensation. Journalists are like people in the belly of the beast. Writing about our media owners and paymasters most of whom are politicians is enough censorship. The Presidency’s denial of involvement in the scandal is an afterthought. Is the Minister of Information and Culture, Alhaji Lai Mohammed not part of the Federal Government? A government that recently suspended Twitter in the country and has refused to rescind that decision despite global condemnation cannot be trusted. It had been looking for a way to gag the Social Media since after the #End SARS protests in October last year. No democratic country, not even a totalitarian state, in this 21st century has tried it.

    From the June 12 protests under this administration (about three weeks ago), Nigerians have lost the right to protest (which is part of the democratic process) unless the protest is pro-government. In fact, how does a free Press constitute a threat to a hardworking and progressive government in a democratic dispensation? Nigeria is in a very precarious situation. For instance, Nigeria’s debt overhang in the 16 years of the Peoples Democratic Party (PDP) was N6 trillion. Now, with just six years of APC in the saddle, the country’s debt overhang is N33.1 trillion. Whereas, the Babangida administration would subject its International Monetary Fund (IMF) loan and its conditionalities to public debate, this government would just not. Even the National Assembly has capitulated its oversight function over the Executive arm of government. Every loan passes freely with impunity even as the Senate President himself Dr. Ahmed Lawan is saying that the country needs more loans. And all of us and generations yet unborn are debt-slaves to our creditors. Now, military rule has been made to look more democratic than civilian democratic rule. Yet, you expect the Press to go to sleep.

    Nigerian journalists have the constitutional mandate to challenge Nigerian politicians to wake up from slumber and to forestall any attempts by the military to stage a comeback. In truth, we must go back to the barricades; for, this is certainly not the democracy that we fought for. We do not need the new Nigerian Press Council (NPC) and the National Broadcasting Commission (NBC) Acts. General Sani Abacha tried it in 1995 and failed. The National Assembly must perish the thought immediately. The mark of our time is its revulsion against imposed patterns. And there is a deep faith to be found in this new attitude – a faith that concerns the ultimate harmony of all being. Such is the faith which the media must adopt to monitor our politicians who have forgotten so soon the past and will prefer to learn their geology the day after the earthquake. For the politicians, the best way to gag the media is to govern well, which the APC Federal Government is too far from since the past six years.

    *Amor, journalist and critic, lives in Abuja.

  • SERAP drags FG, NASS to African Commission over bills seeking to ‘gag’ media

    SERAP drags FG, NASS to African Commission over bills seeking to ‘gag’ media

    The Socio-Economic Rights and Accountability Project (SERAP) has asked the African Commission on Human and Peoples’ Rights in Banjul, The Gambia, to “issue provisional measures to urgently stop the Nigerian government and National Assembly from supporting and pushing through two bills to gag the media, and impose arbitrary and harsh punishment on journalists, broadcast stations, media houses and media practitioners in Nigeria.”

    In a statement on Sunday, SERAP said: “the complaint, addressed to the Chairperson of the Commission Mr Solomon Ayele Dersso, and Commissioner and Special Rapporteur on Freedom of Expression and Access to Information in Africa, Ms Jamesina Essie L. King, is brought pursuant to Articles 55 and 56 of the African Charter on Human and Peoples’ Rights and Rule 100 of the Rules of Procedure of the African Commission.”

    The complaint followed the move to push through two repressive bills to amend the National Broadcasting Act, and to amend the Nigeria Press Council Act. The bills are reportedly sponsored by Chairman, House Committee on Information, Mr Segun Odebunmi (PDP, Oyo State).

    Dated June 26, 2021, and signed by its Deputy Director Kolawole Oluwadare, SERAP said: “The push by the Nigerian government and the National Assembly to support and pass the two anti-media bills is unlawful, as passing the bills would be contrary to the country’s obligations to respect, protect, promote and fulfill the right to freedom of expression, access to information and media freedom under articles 1 and 9 of the African Charter.”

    According to the rights group, “these anti-media bills are the latest threats to freedom of expression, access to information and media freedom in the country. The bills are not in keeping with the provisions of the Declaration of Principles on Freedom of Expression in Africa, which supplements articles 1 and 9 of the African Charter.”

    SERAP said: “the Commission has the power to request Provisional Measures from the Nigerian government and National Assembly under Rule 100 of the Rules of Procedure to prevent irreparable harm and threats to human rights including freedom of expression, access to information and media freedom as urgently as the situation demands.”

    The complaint, read in part: “The bills include retrogressive provisions that threaten human rights, including freedom of expression, access to information and media freedom, and could criminalize reporting and give the government overly broad powers and oversight over journalists, broadcast stations, media houses and media practitioners.”

    “If passed into laws, the bills would be used by those in power to intimidate and harass their critics, and to stifle freedom of expression, access to information and media freedom. The bills would have a chilling effect on the media thereby inducing some measure of self-censorship.”

    “Media freedom, which is an aspect of the right to freedom of expression, is now generally recognised as an indispensable element of democracy. The mass media promotes the free flow of information, which enables citizens to participate in a meaningful and informed manner in the democratic process.”

    “The actions by the Nigerian government and National Assembly are contrary to Articles 1 and 9 of the African Charter, and have thereby violated Nigeria’s positive obligation under Article 1 to recognise the rights, duties and freedoms and to adopt legislative or other measures to give effect to them.”

    “SERAP regularly relies on the media to carry out its mandate in the promotion of transparency and accountability and respect for socio-economic rights of Nigerians.”

    “The Nigerian government and National Assembly are directly responsible for pushing the bills that would gag the media and impose harsh punishment on journalists, broadcast stations, media houses and media practitioners in the country, action in violation of the African Charter, and therefore also in violation of Article 1 of the Charter.”

    “Nigerians, broadcast stations, media houses and media practitioners in the country face a real and immediate risk of violation of their rights to freedom of expression, access to information and media freedom if the anti-media bills are not urgently withdrawn.”

    “The Nigerian government and National Assembly have failed to produce any evidence that the two bills are necessary or lawful, and in the absence of such, SERAP asks the Commission to order the immediate withdrawal of the bills by Nigerian authorities.”

    “The media also serves as a watchdog by scrutinising and criticising public officials over the way they manage public affairs and public resources. In the performance of these functions, the media’s debate on public issues should be uninhibited, robust and wide-open. Speech concerning public affairs is more than self-expression; it is the essence of self-government.”

    “A free press is the lifeblood of a healthy democracy, one in which journalists are both benefactors and beneficiaries of human rights and carrying out their professional duties to inform their communities and enable democratic participation.”

    “Individual journalists cannot do their jobs if the institution of the press is compromised or if the legal protections for that institution are subject to approvals by political authorities.”

    “The exhaustion of domestic remedies requirements set out in Article 56(5) of the African Charter has been met. There are no effective or sufficient local remedies available to the Complainant.”

    “Nigerian courts do not entertain cases on the legality of anti-media and anti-human rights bills. Also, one of the lawmakers pushing the bills Mr Odebunmi Olusegun has reportedly boasted that ‘No court will stop us from passing the bills. Requiring SERAP to exhaust domestic remedies in such circumstances would be a mockery of justice.”

    “Under the bills, the National Broadcasting Commission can shut down TV and radio stations “in the public interest” and the press code must be approved by the Minister of Information. The overly broad definition of public interest opens the door for the Nigerian government to crackdown on freedom of expression, access to information and media freedom.”

    “The bills would also allow the Nigerian government to jail journalists, fine newspapers up to N10m naira ($20,000) or close them for up to a year if they publish “fake” news. Under the bills, journalists could be held liable for the offence committed by their organisations and can be made to pay heavy fines.”