Browsing by Author "*Animashaun O.O .*"

Now showing 1 - 1 of 1
  • Thumbnail Image
    Item
    Law and the Media in Nigeria: The Anatomy of an Uneasy Relationship.
    (Faculty of Law, Bowen University, Iwo., 2017) *Animashaun O.O .*
    The freedom of expression and the media is guaranteed under section 39 of the Constitution of the Federal Republic of Nigeria 1999 and under the various international human rights instruments which the Nigerian state adopted. However, the rights of the citizens to privacy, his reputation and derogation from the right guaranteed under section 39 of the 1999 Constitution is also protected under the common law and the same Constitution. Furthermore, the freedom of the media is curtailed by the state in the interest of defence, public policy, public order, public morality or public health and the assumption of emergency powers by the state under section 45 of the Constitution. This presents a precarious situation for the courts, to negotiate a delicate balance between the right of the populace to be informed represented as the freedom of expression and the media on one hand and the right of the citizens to their reputation, and the need for the state to operate smoothly on the other hand. Thus, the right to freedom of expression is subject to the right of others not to have their reputation injured. The paper discusses the statutes guaranteeing the freedom of expression and the media; and those protecting the reputation of the natural and juristic persons. It discusses civil, online and criminal defamation. It also examines the statutes enacted by the state to assume emergency powers and for protecting its officials and the impact of this on the freedom of the expression and the media. The paper found that in most cases the state in excess of the requirement for state security and public interest acted by fiat in order to cripple or intimidate the media or stifle the creativity of the people by banning and censoring their books, plays, films, newspapers and views. It also found that the ordinary law of the land is enough to protect the reputation of the citizenry and curb the excesses of the media. The paper condemns the harassment and intimidation of the citizens and the media and their trial outside the ordinary law of the land. The paper advocates the abolishment of criminal defamation and the review of our law in line with the modern trends in order to balance the conflict between the rights of freedom expression with that of protecting the reputation of others and the interest of the state.