Media, law and good governance

Text of a paper presented by Chief Joe-Kyari Gadzama (SAN) at a Lawyers in the Media (LIM) of the Nigerian Bar Association (NBA) forum.

Over the past century, the relationship between the media and government at various times in Nigeria has always been largely governed by suspicion. In Nigeria, the ruling class is hardly comfortable with the media and the media on their part look at the government with suspicion. The history of the media in Nigeria has always been characterised by two major forms of ownership, those owned by the government and those owned by private individuals. These two forms of media ownership are all driven by separate agendas. The government media houses are used mainly as instruments of image-making for the government while the private media owners are driven by different motives, which could include profit making, agenda setting, and the gaining of political influence which can be later translated into political and business gains.

The government is naturally wary of some of the activities of the media while the media seeks to provide information to the public and ensure good governance. We therefore have a stalemate. It is even more interesting when one considers the fact that the same government requires the media to educate the public on some of its unpopular policies. An example could readily be found in the fuel subsidy debate that occurred in 2012. The government required the press to sell its proposed policy of gradual subsidy removal to the populace.  The suspicion with which the government views the media could be traced to what is widely accepted as the ability of the media to influence public opinion. This belief may not be farfetched when one considers the significant contribution made by the media towards the political decolonization of Nigeria from the hands of the British. It is on record that the founding fathers of Nigeria i.e. the nationalists like Dr. NnamdiAzikwe, Herbert Macaulay, Chief ObafemiAwolowo, SAN, Alhaji Abubakar Tafawa Balewa, to mention a few, started their careers as press editors and publishers.In 100 years of the media in Nigeria therefore, the media has been worse off. Journalists, playwrights, poets, novelists and editors have all felt the wrath of the government on the numerous occasions that they have demanded good governance. They have been imprisoned, their newspapers banned and have faced kangaroo trials. This is without mentioning the uncountable occasions that members of the Armed Forces have “accidentally” killed or “accidentally” brutalised media practitioners. The Media has also not helped matters with largely lopsided, even if satirical write-ups, selective reporting and some irresponsible journalism. A misrepresentation of a government policy for instance or an agenda driven write-up on the activities of the government could if not managed properly, cause unprecedented chaos, particularly with the advent of the internet.

The government is therefore under no illusions as to what a completely unfettered media in Nigeria can do. The media is also under no illusions on what a completely unchecked government can do. It is therefore an interesting relationship; one underlined by the fact that they both need each other. The media and the government have always worked together if not hand-in-hand and it is worthy of mention that the President, the Vice President, the Governors of each state and other high ranking government officials have media aides, selected from among media practitioners, who assist them in liaising with the media and the Nigerian populace.Flowing from the above, it would not be out of place to emphasize that it is on this fragile relationship, this delicate game of confidence, that a huge chunk of Nigeria’s future leans.

Media and law : An appraisal of the current media laws in Nigeria

We have in over 100 years of the media in Nigeria, promulgated and enacted several decrees and Acts with a view to regulating the sector at one point or the other. To that end, several laws have been put in place by successive governments, to keep the media in check. While this may sound oppressive, one needs tobear in mind the fact that without laws to its operations, the media would be practically impossible to control and we would then have on our hands, a problem bigger than any we have ever faced. Imagine a country where you could broadcast or print anything without checks; ethnic write-ups, unfettered extremist religious teachings, inciting speeches, unsubstantiated rumours, sensitive classified information and a host of others. Such a country would stumble from one crisis to another until it eventually goes off the rails and spins inexorably into orbit. To drive the message closer to home, imagine a situation where a privately owned Newspaper and perhaps one or two privately owned online media outfits, report that there has been a bloody coup in Nigeria. Immediately, there would be panic and the news, even if false, would spread really fast due to the infinite reach of the media. In the event that the government is unable to respond on time to these allegations, Nigerians would begin to believe it and gradually, other countries. There is no telling what that could lead to for the country; politically and economically.

Law is, therefore, the only civilized instrument with which the activities of the mass media, be it government owned or privately owned can be effectively regulated.

Improvement in Media-Government relationship

It is imperative that the media and the government improve their relationship as their partnership is key to a successful Nigeria. In advanced countries, the media and the government, while they may have divergent views on issues, express these views within the ambits of legality and decency. In Nigeria however, the reverse is the case. Nigerians regularly take to twitter, facebook and other social media to insult the government. While it is true that governments and heads of government are insulted on social media in foreign, advanced countries, such insults are not as pronounced as they are in Nigeria.

The Electronic and Print Media are no different. Government officials are regularly depicted as ‘clueless’ and incompetent through headlines, editorials and private contributions from individuals. Successive Nigerian Governments on their part, have also earned a reputation over the years for the treatment meted out to members of the media most especially the detention and physical manhandling of media practitioners by members of the armed forces. This is without mentioning the oppressive laws and decrees of the past, some of which are still operative even today.

I believe there exists today, a high level of distrust between the government and the media. The media, especially the private media, must show that they are ready to engage the government in intellectual, robust debate and not unjustifiable witch-hunting or unwarranted criticism. If for instance, the government as represented by the Independent National Electoral Commission (INEC) conducts a free and fair election, the media outlets should acknowledge this fact irrespective of the political leanings of their owners. The current terrorist activities of insurgents in Nigeria should also unite the media and the government. Such activities should not be seen as an avenue to highlight the failings of the government without offering viable alternative solutions. The same goes for the recent Ebola outbreak in Lagos.

The government must also treat the media with more respect and trust. They should sieve their various suggestions and identify those that are useful while respectfully doing away with those that are not. The Special Assistants to government officials on Media should also help to link up both groups in this regard. It is expected that with these measures put in place, 100 years of the media in Nigeria would not have been wasted.

Conclusion:

A cursory glance at the historical background of the mass media and law in Nigeria, will reveal both as partners in the struggle to sustain good governance in Nigeria.

It can be therefore bestated without fear of contradiction that law and the mass media are not strange bed fellows in the struggle for good governance in the past 100 years in Nigeria. Through the media, the Nigerian populace has always been sensitized on the policies and programmes of government affecting their individual and collective interests. The relevant laws regulating media practice in Nigeria also assist in regulating their activities and curbing possible excesses that could result in anarchy if left unchecked. The success recorded by the media through purposeful journalism would not have been achieved without certain regulatory bodies controlling their affairs.

The recently passed Freedom of Information Act 2011 is a right step in the right direction. With this piece of legislation, a fairer and better mass media environment is further guaranteed in Nigeria which will in turn foster more transparent governance.