EVALUATION OF THE LEGAL PERSPECTIVE OF JOURNALISTIC RIGHTS AND RESPONSIBILITIES
OMULA EMMMANUEL
BSU/SS/COM/PhD/16/7342
COURSE CODE: COM 902
COURSE TITLE: MEDIA RIGHTS AND RESPONSIBILITIES
Abstract
The paper examined the rights and responsibilities of journalists. It was revealed that there are legal bases for journalistic rights and freedom of the press. Findings revealed that there are also legal constrains that may impede the rights and freedom of expression of journalists, some of these rights are: free access to all source of information, the right to information, right to freedom of expression and criticism. Legal constrains include criminal code or penal code, official secret Act, Article 19 (2) and (3) of the Universal Declaration of Human Rights. It was also revealed that the powers that be impede on journalists rights and responsibilities through pronouncements as was the case in Benue on 12 March 2018 when presidency barred some media from covering Buhari’s visit to Benue. Social responsibility theory was used to give theoretical support to this paper. It was concluded amongst others that, the legal provision for journalist rights and freedom of expression and the legal constraints, is like giving a child something with the right hand and taking it back with the left hand.
Introduction
The rights and responsibilities of journalists are contained in charters, declarations and constitutions. The Universal Declaration of Human Rights in 1948 by United Nations, Article 19 of the international covenant on Civil and Political Right, section 22 of 1999 constitution of Nigeria as amended are some of the legal bases for the rights of journalist and freedom of expression.
However, there are legal constrains that also impede the rights of a journalist and freedom of expression. Some of these are: contempt of seditious Act, official secret Act and Penal code. These legal constraints impede on the rights and freedom of expression of journalist. This assertion holds true in that, these legal constraints provide opportunities for corrupt and power drunk public officer to frustrate a journalist whose story may not be in the best interest of the public officer.
A case at hand was what happened in Benue on the 12th of March 2018. On this day the presidency barred Punch and other media organizations from covering the visit of President Muhammadu Buhari to Benue State. This act by the Presidency negates the public right to know. It also contradicts the right to seek and hold information from all available sources to enable formulation of proper opinion.
Theoretical Framework
This work is anchored on the Social Responsibility Theory of the press. A wise man once said power corrupts and that absolute power corrupts absolutely. This was the case of libertarian theory that later paved way for Social Responsibility Theory. Ojobor in Okunna (2002) opines that social responsibility theory originated from the work of the American-initiated Hutchins commission (headed by Robert Maynard Hutchins) of 1947, which was a commission on freedom of the press. According to him the theory emphasizes phrases like the public right to know and the public responsibility of the press. “The Committee after its meetings made it clear that, freedom and responsibility go hand in hand and that the press should be periodical reminded of its responsibility” (Asemah, Nwammuo and Nkwam-Uwa Oma 2017, p. 48).
The thrust of Social Responsibility theory is that the press should be free but self regulating. The core achievement of the commission was the introduction of code, or code of conduct to ensure journalists do not abuse the freedom of expression or press as was the case during libertarian era. Asemah et al (2017) opine that the theory emerged because the press abused the freedom which they enjoyed as a result of the free press. The commission found that the free market approach to press freedom had only increased the power of a single class and had not served the interests of the less well-off classes… Thus the theory advocated some obligation on the part of the media to society (Asemah et al, 2017).
The relevance of this theory to this paper is that in as much as the journalist enjoys certain freedom that enables him or her carry out certain responsibilities, the journalist must try as much as possible to adhere to code of ethics and ensures that he/she does not toil with the public right to know.
Literature Review
Rights of a Journalist
The journalist is expected to enjoy the following rights which according to (www.ethinicnet.utaFI>switzerlanddeclaration) are:
i. Free access to all source of information and the right to investigate without impediments any thing that is in the public interest. Public or private confidentiality can only be invoked against the journalist in exceptional circumstances and with the provision of clearly defined reasons (www.ethnicnet.utaFI>switzerlanddeclaration).
ii. The right not to act in any way nor express any opinion that is contrary to professional rules or personal conscience. As a result journalist should not suffer any prejudice. (another right) A journalist cannot be compelled to perform a professional act or to express a contrary opinion to his convictions or his conscience (https://accountablejournalism.org).
iii. The right to receive any directive or interference that is contrary to the general policy of organization with which he/she is collaborating. This policy must be communicated in writing before the journalist employment. It can not be modified or revoked unilaterally under pain of breach of contract.
iiii. The right to transparency as to the ownership of the company for which the journalist works. The right of a member of an editorial team to be informed in time, and to be heard before, any decision that affects the future of the company. In particular, members of the editorial staff must be informed before final decision determining the composition or organization of the editorial department (www.ethnicnet.utaFI>switzerlanddeclaration).
v. The right to adequate and continuous professional training. This means that the journalist needs to be train and retrained to do his job well. The problem is that some media organization (private) can hardly pay salaries let alone train their members of staff.
vi. The right to benefit from work conditions guaranteed by a collective agreement, including right to be active in professional organizations without suffering discrimination (www.ethinet.utaFI>switzerlanddeclaration).
vii. The right to benefit for an individual contract guaranteeing material and moral security. In particular, an appropriate remuneration corresponding to the journalist function, responsibilities and social role-should ensure his or her economic independence. (www.ethicnet.uta.FI>switzerlanddeclaration).
The right to information, to freedom of expression and criticism is one of the fundamental rights of man\. All rights and duties of a journalistic originate from this right of the public to be informed on events and opinion.
The essential duties or responsibilities of journalist
These duties and responsibilities as cited in (https://accountablejournalism.org>inter) are:
a. To respect truth whatever be the consequence to himself, because of the right of the public to know the truth.
b. To defend freedom of information, comment and criticism.
c. To report only on fact of which he knows the origin; not to suppress essential information nor alter text and document.
d. Not to use unfair methods to obtain news, photographs or documents.
e. To restrict himself to the respect of privacy
f. To rectify any publish information which is found to be inaccurate.
g. To observe professional secrecy and not to divulge the source of information obtained in confidence.
h. To regard as grave professional offences the following: Plagiarism, calumny, slander, libel and unfounded accusation, the acceptance of bribe in any form in consideration of either publication or suppression of news.
i. Never confuse the profession of a journalist with that of advertisements, salesman, propagandist and to refuse any direct or indirect orders from advertisers.
j. To resist every pressure and to accept editorial orders only from the responsible persons of the editorial staff.
Legal bases for press freedom and Journalistic Rights
The Universal Declaration of Human Right in 1948 by United Nations is a legal base for journalists’ right, the United Nations 1948 Universal Declaration of Human Rights States.
“Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference, and to seek, receive, and impart information and ideas through any media regard less of frontier”. (https://enwikipedia.org).
This declaration is a pointer to the fact that the journalist is entitled to the right to hold opinion and at the same time the right to expression without interference. The declaration further reveals that this right is a universal right.
That press freedom and journalistic rights have legal backing, is espoused by Daramola (2003) who opines that, the rights and freedom of the press have been incorporated in international instrument. According to him countries and international organizations adopt the freedom of thought and opinion as a precious human right in their constitutions. Daramola quoted Sawant of India, who itemized the right thus:
a. The right to seek and receive information from all available sources to enable formulation of proper opinions.
b. The right to express and impart information, thoughts and opinions to who ever one desires to.
c. And right to do through which ever means it is feasible to communicate.
Daramola (2003) cited 1966 Article 19 of the International Covenant on Civil and Political Right, as another bases for press freedom. The article according to him formulates the same right in the following words.
(1) Everyone shall have right to hold opinion without interference
(2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kind, regardless of frontiers, either orally in writing or in print in the form of art or through any other media of his choice.
The foregoing connotes that the freedom of expression is a right that every journalist is entitled to.
Another legal base for journalistic right according to Daramola (2003) is Article 10 of the European Convention on Human Rights of 1950 enforced in 1953. The Article states that:
Everyone has the right to freedom of expression. This right shall include freedom to hold opinion and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent states from requiring the licensing of broadcasting television or cinema enterprises.
The constitution of Nigeria (1999) as amended recognizes this right. Section 39 subsection (1) holds that:
Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and to impart ideas and information without interference.
It is pertinent to state that “Local” and international organizations recognize and espouse the rights and freedom of expression. This freedom is not limited to expression, printing and publishing; but is also the freedom to owning and circulating printed content. The content must not be controlled, dictated or directed by anyone or group to suit particular purpose or interests” (Daramola 2003, P. 158).
Mention need be made of the fact that in Nigeria some media organizations abuse the right to publish without interference. This is true in that, in 2015 African Independent Television (AIT) a private TV Station in Nigeria ran a campaign of calumny against Muhammadu Buhari when he was vying for the highest office in the country. In the same vein Nigeria Television Authority (NTA) a public TV Station in Nigeria also ran a campaign of calumny against Muhammadu Buhari in 2015.
These examples show that the content of what were then broadcasted in AIT and NTA were either controlled or directed to suit a particular interest. This is so because the campaigns were aimed at tarnishing the image of Buhari. Buhari neither paid AIT nor NTA to run such campaigns.
Impediments to Journalist Rights and Responsibilities
Even though there are legal bases for press freedom or freedom of expressions there are still constraints that sometime impede the rights and responsibilities of the journalist. Some of which are; Official Secret Act, the Criminal Code, the Penal Code, Seditious Act, Contempt of Court etc.
The powers that be can sometimes impede the rights and responsibilities of the journalist. Charles (2018; March 13). With the headline “Presidency bars Punch others from covering Buhari’s Benue visit” the story reads: “The administration of president Muhammadu Buhari disregarded freedom of the press in Benue on Monday as correspondents of the punch, This Day Vanguard, Tribune, New Telegraph, The Nation and others were barred from covering the President’s visit. About 30 correspondents from various media organizations are in the state, but only seven handpicked media organizations were allowed to cover president’s visit”.
The action or act of the Presidency not only impede the rights and responsibilities of the journalists involved but it also negates the freedom of the press. This assertion holds true in that National Open University (2008 P. 32) quoted Soji Alabi (2003, P. 53) as saying – “Press freedom simply means that press should be allowed to publish without prior restraint”.
Again the action of the presidency to bar media organizations from covering Buhari’s visit to Benue is not in line with the concept of Public Interest according to National Open University (2008; P. 41) is any event issue or development which in the judgment of the working press, deserves to be brought to the attention and knowledge of the media audience. Indeed, any significant thing a public officer or public figure does, or fails to do, is of pubic interest; suffice to say that the visit by President Muhammadu Buhari on March 12th 2018 to Benue State in relation to suspected herdsmen killing farmers is of public interests.
Legal Obstacles to Press Freedom
By implication anything that impedes press freedom also impedes the rights and responsibilities of journalists enshrined in international charter and constitutions of many countries. For the purpose of this study attention will be centred on law of sedition crime code, penal code and the likes as they negate the rights and responsibilities of journalists.
One of such law is the Official Secret Act. The Official Secret Act according to Okoye (2007, P. 136) was enacted in Nigeria in 1962. It seeks to prevent the disclosure to the public of any material which government considers as classified matter. The Act according to him defines classified matter as:
Any information or anything which under any system of security classification, from time to time in use by any branch of the government, is not to be disclosed to the public, and of which the disclosure to the public would be prejudicial to the security of Nigeria.
It can be seen that the essence of the official secret act is to ensure national security. The question one may ask is, when is an issue said to be protected for national security, what are the yardstick for determining an issue of national security? Official Secret Act Impedes on Journalist right to investigate and report issues in that, the “government” or public officer may refuse to disclose to the journalist information that is of public interest; if such information may indict such public officer or his “Organization” Based on the previsions of the Official Secret Act, the Public Officer may “decide or determine” what to be protected for security reason.
Another impediment to the rights and responsibilities of Journalist is the Penal Code Act and the Criminal Code Act. Okoye (2007) opines that apart from the Official Secrets Acts, there are other laws in Nigeria that seek to protect government secrets for security reasons. They include the Criminal Code Act; the Penal Code Act, The Evidence Act and the Constitution itself. Chapter 2 section 6 of the Criminal Code states:
Nothing in this Act or in the Code shall affect the authority of courts of record to punish a person summarily for the offence commonly known as contempt of court; but so that a person cannot be so punished and also punished under the provisions of the code for the same act or Omission (www.nigeria-law.org).
The foregoing connotes that, contempt of court is treated as a criminal offence. Ganiyu (2004) posits that the reporter must be conscious of contempt of court, as publication of materials may interfere with the course of justice or likely to prejudice the outcome of a case before the court. “It is contempt to write anything that can undermine or lower the authority of a judge or the proceedings of a court (Ganiyu 2004, P. 211).
One of the responsibilities of journalist is to be objective however; contempt of court negates this responsibility in that, in trying to be objective the reporter may say something that may amount to contempt of court. Equally important is the fact that contempt of court to some extent negates the public right to know. This is so because the reporter who is expected to put the pubic in the know is some times constrained by contempt of court.
Another law that seems to impede on the rights and responsibilities is the law of sedition. Asemah (2009, P. 255) holds that, the penal code provides for the offense of sedition in Nigeria. Under section 50(1) of Criminal Code, seditious words and seditious publications are defined as words and publications having seditious intention. “To be charged with sedition is a serious offence. More serious than libel or even the contempt of court. Sedition is a criminal offence which attracts jail terms if found guilty” (Ganiyu 2004, P. 213).
Section 50(2) of the Criminal Code according to Asemah (2009) describes the law of sedition by saying that seditious intention is an intention which amongst others brings into hatred or contempt or to excite disaffection against the person of a state or the government of the federation or any state there of as by law established or against the administration of justice.
The rights and responsibilities of the journalist are also constrained by charters and declarations Daramola (2003, P. 159) points out the following restrictions on press freedom.
A) Article 19(2) and (3) of the Universal Declaration of Human Rights states that:
2) In the exercise of his rights and freedom, every body shall be subject to such limitation as are determined by law solely for the purpose of securing due recognition.
3) These rights and freedoms may in no case be exercise contrary to the purposes and principles of the United Nations.
B) The International Covenant on Civil and Political Rights Incorporate the restrictions in Articles 19 and 20 as follow:
Article 19 – The exercise of rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
i. For respect of the rights or reputation of others
ii. For the protection of national security or public order, or of public health or morals.
Article 20 –
i. Any propaganda for war shall be prohibited by law
ii. Any advocacy of national, racial or religious hatred
iii. Rights and Responsibilities
iiii. Jacquette (2007, P. 37) opines that:
v. The concept of a right, whether legal or moral entitle us to do something. Whenever we have a right, other persons have no right to prevent us from dong it. Thus if you have a right to express an opinion, then I have no right to obstruct you from doing so”.
vi.
vii. As lofty as Jacquette’s argument may appear to be, it is important to point out that it is not always the truth. This is so because we all know that journalist have rights to cover visits of a president by virtue of the fact that he is a personality and a public figure who occupies a very important office. But the reverse was the case when in March 2018 President Mohammed Buhari visited Benue State. A good number of media organizations were barred from covering the president’s visit. This contradicts Jacquette’s argument that “thus if you have a right then no one has the right to obstruct you”.
viii. Again Jacquette did not take into consideration the fact that where one man’s right ends that is where another man’s right begins. This means that the journalist must have it at the back of his mind that in exercising his right as a journalist he must not trample on another man’s right.
ix. Journalist Right
x. A right according to Jacquette (2007, P. 36) gives us an opportunity to do something that no one else has the right to prevent us from doing. If we choose to exercise the right and actually do what we are entitled to, then we have incurred responsibilities for the way we choose to act and the consequences of our decisions for ourselves and others.
xi. However, one would say that exercising a right is one thing, been morally upright in the exercise of the right is another thing. For instance a journalist has the right to report on news worthy event. But it would be considered an abuse of that right when a journalist receives gratification and then exercises his right in a way that favours or sides one part. A journalist must first and foremost be morally upright to be able to exercise his/her rights without fear or favour.
xii. There are consequences for abusing rights agreed. Jacquette (2007) asserts that, there are as we should reasonably expect, all kinds of penalties that attach to immoral as well as illegal behavior, legal penalties can also apply to violations of moral rights and responsibilities because many moral rights and responsibilities are also recognized and enforced by law (Jacquette 2007).
xiii. In as much as there are penalties for violating moral rights and responsibilities, journalist can still be bias or tilt their stories to favour one party if such journalists are not morally up right. Moral rectitude is the one true panacea to exercising rights and responsibilities in the most acceptable way. This is so because a scholar once said, “Journalism is a profession that thrives on conscience”.
xiiii. Journalism is said to thrive on consciences because, it may take a long time for the law to catch up with a journalist who exercises his rights and responsibilities in a bias way. Before the law catches up with such journalist he or she may have done a lot of damage to individuals, groups and the society as a whole. The fact is that, no matter the penalty melted out to such person, it cannot undo what he had done.
xv. A journalist who has no conscience cannot exercise his rights and responsibilities to the benefit of all. the position is echoed in Jacquette (2007, P.47) who opines that “Internal sanctions are typically found in the behavior of persons who regard themselves as being under an obligation or sense of duty to do what is right, provided they can assure themselves that they are acting rightly”.
xvi. This means that the journalist who has conscience would want to do what he believe he is morally obligated to do or even go beyond the call of duty by doing morally approved things that are not strictly required (Jacquette 2007).The foregoing suggest that a journalist who has “conscience” is a journalist who is morally self motivated to exercise his rights and responsibilities.
Rights and Responsibilities
Jacquette (2007, P. 37) opines that:
The concept of a right, whether legal or moral entitle us to do something. Whenever we have a right, other persons have no right to prevent us from dong it. Thus if you have a right to express an opinion, then I have no right to obstruct you from doing so”.
As lofty as Jacquette’s argument may appear to be, it is important to point out that it is not always the truth. This is so because we all know that journalist have rights to cover visits of a president by virtue of the fact that he is a personality and a public figure who occupies a very important office. But the reverse was the case when in March 2018 President Mohammed Buhari visited Benue State. A good number of media organizations were barred from covering the president’s visit. This contradicts Jacquette’s argument that “thus if you have a right then no one has the right to obstruct you”.
Again Jacquette did not take into consideration the fact that where one man’s right ends that is where another man’s right begins. This means that the journalist must have it at the back of his mind that in exercising his right as a journalist he must not trample on another man’s right.
Journalist Right
A right according to Jacquette (2007, P. 36) gives us an opportunity to do something that no one else has the right to prevent us from doing. If we choose to exercise the right and actually do what we are entitled to, then we have incurred responsibilities for the way we choose to act and the consequences of our decisions for ourselves and others.
However, one would say that exercising a right is one thing, been morally upright in the exercise of the right is another thing. For instance a journalist has the right to report on news worthy event. But it would be considered an abuse of that right when a journalist receives gratification and then exercises his right in a way that favours or sides one part. A journalist must first and foremost be morally upright to be able to exercise his/her rights without fear or favour.
There are consequences for abusing rights agreed. Jacquette (2007) asserts that, there are as we should reasonably expect, all kinds of penalties that attach to immoral as well as illegal behavior, legal penalties can also apply to violations of moral rights and responsibilities because many moral rights and responsibilities are also recognized and enforced by law (Jacquette 2007).
In as much as there are penalties for violating moral rights and responsibilities, journalist can still be bias or tilt their stories to favour one party if such journalists are not morally up right. Moral rectitude is the one true panacea to exercising rights and responsibilities in the most acceptable way. This is so because a scholar once said, “Journalism is a profession that thrives on conscience”.
Journalism is said to thrive on consciences because, it may take a long time for the law to catch up with a journalist who exercises his rights and responsibilities in a bias way. Before the law catches up with such journalist he or she may have done a lot of damage to individuals, groups and the society as a whole. The fact is that, no matter the penalty melted out to such person, it cannot undo what he had done.
A journalist who has no conscience cannot exercise his rights and responsibilities to the benefit of all. the position is echoed in Jacquette (2007, P.47) who opines that “Internal sanctions are typically found in the behavior of persons who regard themselves as being under an obligation or sense of duty to do what is right, provided they can assure themselves that they are acting rightly”.
This means that the journalist who has conscience would want to do what he believe he is morally obligated to do or even go beyond the call of duty by doing morally approved things that are not strictly required (Jacquette 2007).The foregoing suggest that a journalist who has “conscience” is a journalist who is morally self motivated to exercise his rights and responsibilities.
Discussion
International Charters and Declarations including constitutions of countries in the world over provide for the rights and freedom of expressions of journalist. However, there are legal constraints that appear to have created a lee way for those at the helm of affairs and public officers to frustrate the efforts of journalist in the quest to discover and report the truth.
The contempt of court instance is said to be a legal constraint to the rights and responsibilities of the journalist because; it is the judge who a large extent has the power to determine what constitutes contempt of court. The point is that a bias judge may threaten a journalist with contempt of court if he/she does not want the journalist to report on a case that he the judge may have personal interest in.
Corrupt and power drunk public officer can also frustrate the rights and responsibilities of journalist and go scot free because there are no adequate legal framework to protect the journalist against the infringement of his/her rights. This is true because on 10th of March 2018 the Presidency through word of mouth barred punch and other media organizations from covering Buhari’s visit to Benue. The point is that there is no legal provision to counter such pronouncement.
Equally important is the fact that the official secret Act is another law that impede on the rights and responsibilities of a journalist. This is so because hiding under the guise of the Act a corrupt public officer may refuse to divulge information that may not be in his own interest.
There is the need therefore to come up with legislation that would counter pronouncements or word of month that may be used by the presidency in future to bar media organizations from covering important story like the president visiting a state whose farmers were murdered by suspected herdsmen.
One of the responsibilities of the press is not to receive direct or indirect orders from advertisers. But the truth is that most media organizations depend on advertisement to survive as such they will in one way or the other bow to pressure from advertisers.
Conclusion
The legal provision for journalist rights and freedom of expression and the legal constraints, is like giving a child something with the right hand and taking it back with the left hand. Public officers may frustrate the efforts of journalist by hiding under the guise of official secret Act, contempt of court or national security.
References:
Asemah, E. S. (2009). Principles and practice of mass communication. Jos: Great Future Publishers.
Asemah, E. S. Nwammuo, A. N. and Nkwam-Uwaoma A. O. A. (2017). Theories and Models of Communication. Jos: Jos University Press.
Charles, J. (2018, March 13). Presidency bars Punch, others from covering Buhari’s Benue Visit. Punch Newspaper online edition.
Daramola, I. (2003). Press Freedom the legal bases and constraints in Akinfeleye and Okoye (ed) Issues in Nigerian Media History: 1900 – 2000 AD. Ikeja: Malthouse Press Limited.
Declaration of the Duties and Rights of a Journalist Decided at a session of the SWISS Press council foundation of December 21, 1999 Retrieved on 13th March 2018 from www.ethicnet.uta.f1>switzerlanddeclaration.
Ganiyu, M. (2004). The reporter’s companion: A complete guide to news reporting and writing. Ibadan: Emgee Books.
International Code: Declaration (Nd) of the Rights and… Accountable Journalism (Nd) Retrieved on March 13th 2018 from https://acccountablejournalism.org>inter.
Jacquette, D. (2007) Journalistic Ethics: Moral responsibilities in the media. New Jersy: Prentice Hall.
National Open University of Nigeria (2008). Media Law and ethics Module. Lagos: National Open University.
Ojobor, S. (2002). Mass communication theories in Okunna (ed) Teaching mass communication: A multi-dimensional approach. Enugu: New Generation Books.
Okoye, I. (2007). Nigerian Press Law and ethics. Surulere. Malthouse Press Limited.
1999 Constitution of the Federal Republic of Nigeria.
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