Possible Questions

1.       A].     Define Media Law

B].     Distinguish between Media Law and Ethics of Journalism profession.

C].     List or summarize at least 10 Laws that regulate media practice in Nigeria from 1903 to 1999.

2.       Discuss Press Freedom under Section 39 of the 1999 Constitution and explain whether there is any limitation of the press under the Constitution;

3.       A].     Define Law of Defamation

B].     Distinguish between libel and slander

C].     What are the defenses available to a journalist when charged for defamation?

4.       Discuss the main features of the following Laws: Nigeria Television Authority Act and National Broadcasting Commission act.

5.       Write short notes on any 3 of the following:

A].     Copyright Law

B].     Law of Privacy

C].     Contempt of Court Law.

D].     Law of Sedition.

E].     Guidelines in reporting criminal cases.

Solution:

1.       A].     Media Law can easily be defined as laws that regulate or govern Media

Practice generally for instance, Newspaper act, Criminal and Penal Code, NAN Act, NTA Act, NBC Act, etc. These laws regulate Media Practice in Nigeria.

B].     The distinction between Media Law and Ethics of Journalism profession are that Media Laws regulate or govern the conduct of media practice generally, e.g. of such laws are the Newspaper Act 1912 later amended in 1978 which provides for registration of Newspapers and condition to be satisfied before a Newspaper is published are set out under section 3 of the Act. The provisions of the Criminal and Penal Code which provides for punishment of offenders related to media practice offence of 2.7 defamation, sedition Act, etc.

Ethics of the Journalism profession on the other hand are rules or code of conduct on how journalists should behave or ought to behave. It deals with morals not law.

C].     Laws that regulate Media Practice in Nigeria are, Newspaper Act 1917, later amended to Newspaper Act 1978, Printing Press Act, Seditious Act, Criminal Code, Penal Code, NTA Act, NBC Act, NAN Act, Nigeria Press Council Decree No.31, 1978, FRCN Decree No.81979, Official Secret Act 1962, Obscene Publications act 1961, 1999 FRCN Constitution.

2.       Press Freedom is the ability of the Press to own and discharge their duties of receiving and importing ideas, dissemination of information without any interference. The right is fundamental as enshrined under chapter 4, section 39 of the Constitution, see Nwabueze's view on Press Freedom when he said it is the right of the operator to publish in it what information, ideas and opinions that he pleases to circulate freely without license and without interference.

See the cases of Adikwu vs Federal House of Representatives (1982) 3 NCLR 394; Tony Momoh vs Senate of National Assembly (1981) 1 NCLR 105.

As regards the issue of limitation see Justice Balogun's decision in the case of Innocent Adikwu vs. Federal House of Representatives.

Here this, "The right of the Press is not absolute. The fundamental right is subject to the interest of justice, national security, public order, and public morality, welfare of persons or prevention of disorder or crime". See section 46 of the 1999 Constitution. Limitation of the Press Freedom by Civil and Criminal Laws i.e. Law of Defamation, Law of Sedition and Law of Contempt of Court.

3. A].           Law of Defamation means the law which protects individuals from indignity, ridicule and contempt. Therefore, it can be defined as any publication which causes a person to be shunned or that which lowers his reputation in the eyes of right thinking members of the society. Under the criminal Penal Code, criminal defamation is punishable for two years and seven years under sections 375 and 376 of Criminal Code and punishable under section for 2 years or with fine or both under section 23 of the penal code. There are two types of defamation (i) Libel (ii) Slander. See generally the case of NTA vs. Ebenezer Babatope (1996) 4 NWLR (P.440) 70 & 75.

    B].           The distinction between slander and libel is that slander is made by words and gestures only while libel is made in writings or conveyed through signs, films, effigy, pictures, cartoons or photographs. Also slander is a business for the 'ear' to conceive and comprehend while libel is a business for the 'eyes' to conceive and comprehend, etc.

C].           Defenses available to a journalist on the charge of defamation can be classified into two, i.e. major defenses and minor defenses. Major defenses are (i) Defence of Absolute Privilege (ii) Fair Comment (iii) Truth and Justification (iv) Qualified Privilege and (v) Defense of innocence. Minor defenses involve (i) Statute of Limitation (ii) Accord and Satisfaction (iii) Noranti Hon-Fit injuria (iii) Pres Juticota (iv) Death of Plaintiff.

4.       The main features of the NTA Act are:

i.        The Act was promulgated in the year 1976 which is now an Act CAP 113 Laws of the Federation of Nigeria 1990.

ii.       The main aim of the establishment of the provision of Televisions Broadcasting and other related matters in Nigeria.

- issues relating to Zonal Board Members, Director General and their functions, provisions of land, finances and tenure of office of members.

iii.      The duties of the Authority are contained in section 6 of the Act - Duty to provide for Nigerians independent and impartial television for general reception within Nigeria.

iv.      The exclusive right of authority for television broadcasting in Nigeria - see Section 7(1) of the Act.

v.       The general functions of the Act in Section 8(1) of the Act.

vi.      The power of the Minister of Information to direct the entire activities of the authority, see Section 13 of the Act.

5. A]. Copyright can be defined as the right which the law gives an author or other originator of an intellectual production whereby he is invested with the sole and exclusive privilege of producing and selling copies of his work.

The essence of the law of copyright is to protect intellectual property from being reproduced and sold by unauthorized persons, so that the owner of the work can enjoy the fruit of his labour. But the advance in technology is making it increasingly difficult to enforce copyright laws. This is because hundreds of thousands of copies of books and phonographic materials of all kinds can now be easily produced by privates, thanks to the ubiquitous photocopying machines and audio/visual recorders.

The following works are those eligible for copyright violation in Nigeria:

(a).    Literary works

(b).    Musical works

(c).    Artistic works

(d).    Cinematographic works

(e).    Sound recording; and

(f).     Broadcast

B].     Law of Privacy protects individuals' privacy in order to allow persons to enjoy their private life, because the journalist in the course of digging up information to uncover facts exceeds bounds. Privacy 17 is a well known fact that the more an individual attains a high rank the more limited his privacy is that is why public figures and top government officers have limited privacy. A person's privacy can be invaded when one of the following offences is committed:

i.        Offence of Appropriation

ii.       Placement in False Light

iii.      Physical instruction

iv.      Public Disclosure

v.       Confidentiality of Source, and

vi.      Conspiracy.

Defenses available to journalists are:

i.        Right to be left alone

ii.       Volenti Non-fit-injuria

iii.      Public interest

iv.      Permanent Publication.

C]. Contempt of Court Law. Contempt of Court is divided into two (i) Contempt ex-facie-curia and (ii) Contempt in-facie-curia, i.e. Contempt outside the Court and Contempt inside the Court.

D]. Law of Sedition. See Section 50(1) and 50(2) of Criminal Code and Section 416 of the Penal Code. The punishment for such offence is from 3 years to 7 years. The offence must be prosecuted within 6 months of the commission of the offence and the written consent of the Attorney General of the Federation or of the State Government.

The effect of the law is that it (i). Invigorating public disturbance (ii). Ignite civil war, (iii). Cast hatred or disaffection to the government, and (iv). Subvert obedience to the Constitution and challenge sovereignty of the country.