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APPLICATION OF FREEDOM OF INFORMATION LAW IN MEDIA NEWS REPORTING

(Last Updated On: 4th December 2022)

APPLICATION OF FREEDOM OF INFORMATION LAW IN MEDIA NEWS REPORTING

CHAPTER ONE

1.0       Introduction

1.1       Background to the Study

Freeing mass media to operate without constraint especially from government and regulating agency is called press freedom and it has been a serious issue since the earlier days of the media establishment because of the power and position occupied by the mass media in the society. The mass media as an agent of mass mobilization, mass education, mass information and as an instrument of mass deception if used unjustly.

Due to the above notion of the press, government at different countries often finds it uncomfortable to allow the press to exist uncontrolled. The media is seen as a volatile and flammable that can ignite and fuel issues through its agenda setting power and its believability.   A free press is sin qua non to democracy and it is regarded as advanced level of freedom of expression and speech (Okoye, 2007).

The major determinant of the press freedom in most country is the government. The type of government and political system operating in a particular society determines how much freedom the press will enjoy. This also agree with the position of the Normative Press Theory according to Anaeto,  Onabanjo and Osifeso (2008) cited in Siebert, Schramm and Peterson (1956) stated that “the press takes on the form and coloration of the social and political structures within which it operates”.

The press and other media, in their view, will reflect the “basic beliefs and assumptions that the society holds”. In the western liberal tradition, this refers to matters such as freedom, equality before the law, social solidarity and cohesion, cultural diversity, active participation, and social responsibility. Different cultures may have different principles and priorities.

The more liberal, free market and democratic a society is, the more freedom of expression and free media it operates. The control of the mass media is also known as regulation. Regulation refers to the whole process of control or guidance, by established rules and procedures, applied by governments and other political and administrative authorities to all kinds of media activities. Thus regulation is always a potential intervention in ongoing activities, usually for some stated “public interest” goal, but also to serve the needs of the market (for instance, by supporting competition) or for reasons of technical efficiency (for instance, setting technical standards) (McQuail, 2010).

Regulation takes many forms, ranging from clauses in national constitutions and laws to administrative procedures and technical specifications. Regulation can be internal as well as external. In the former case, we are usually speaking of `self-regulation’, where internal controls are applied, sometimes in response to public pressure or criticism from outside (Okoye, 2017).

Government attempts not only to control but to subjugate the press through obnoxious laws had been an enduring problem in the history of Nigeria Press. The press has been striving to wriggle itself out of these unfavourable laws, but the government believes that giving the press the freedom to operate as an independent entity may be suicidal.

Usually, government feels that it is logical to restrain the power of the press and if possible have a total control of the press. To government, the press is an instrument of people in power and should yield itself to their dictates. But the press fights fiercely to resist this obsequious stance government wants to subject it to because the press belief that they are to serve as watchdog of government and not to be used as government extension of ministry of information or for propaganda tool. This gives rise to clashes between the press and the government. While government uses its authority to subjugate the press, the press resists by remaining tenacious in its fight for freedom.

However, since the time of colonial masters, journalists and freedom fighters have been clamouring for press freedom which was not full given like they are enjoying in United States of American. In fact the nation’s 1999 constitution that was expected to provide this freedom was just the replica of the 1979 constitution where the freedom was just give and take, going by the section 22 of chapter 2 of the 1999 constitution as amended  as culled from Arowosegbe (2007).

“the press radio, television and other agencies of mass media shall at all-time be free to uphold the fundamental objectives contain in this chapter and uphold the responsibility and accountability of the government to the public”

The constitution gives the press a constitutional duty but failed to empower them by law until the recent, May 27 2011 to be précised, when the former President Goodluck Jonathan assented to a new Freedom of Information Act. “The Act is to make public records and information more freely available, provide for public access to public records and information, project public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences for disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes and related purposes thereof.

As good as this new Act, yet, many journalists and media outfits are still facing various challenges, tough time, intimidation and oppression from government agents especially the Nigeria police and DSS. On August 14th 2018, a Premium Times reporter, Samuel Ogundipe.

The police alleged Ogundipe for the offences of theft and unlawful possession of restricted and classified documents inimical to state/national security that can jeopardise peace, breakdown of law and order capable of precipitating crisis in the country. The document has to do with the preliminary report of the Inspector General of Police to the Vice President who then acting as the President on the siege laid on the National Assembly by the Department of State Security a week earlier. Also, another journalist Jones Abiri was kept incommunicado in the DSS dungeon for two years until August 15th 2018 that he was released (Ogundipe, 2018).

It should also be recalled recall that last December 2017, the Nigerian Army had similarly accused Premium Times of ”unwarranted and serial provocative, unauthorized, libellous and defamatory publications against the person of Lt. Gen. T.Y. Buratai, the Chief of Army Staff and Nigerian Army counter-insurgency operations in the North East”. The police also invaded the Abuja office of the online publication and arrested Premium Times publisher, Mr Dapo Olorunyomi, and its judicial correspondent, Evelyn Okakwu, and took them to the headquarters of the Federal Capital Territory Police Command where they were held for several hours for charges bordering on criminal libel (Ogundipe, 2018).

What has become obvious from the foregoing is the intimidation journalists and media houses for writing stories which are considered embarrassing or defamatory to persons in positions of power and have failed to come to terms that we are in a democracy and that freedom of the press is the pillar on which other societal freedom rests and holds the sacred duty of holding government accountable to the people by shedding light in the dark places of government. To this end, the research examines the application of Freedom of Information Law in media news reporting.

1.2       Statement of the Problem

Before the signing of Freedom of Information Act (FOI) by President Goodluck Jonathan on the 28th May 2011, the press went through a lot of criticism in the hands of people/government especially the military government which as a result, many journalists/media practitioners were imprisoned, assassinated and assaulted. It is the expectation that with the new ACT, most of the challenges facing the press will go an end. Conversely, the new law has not really impacted on the news gathering and dissemination as several journalists are still been molested, arrested, persecuted while many media outfits has been invaded (Abdulhameed, 2014).

How free are press under the new Act, what gap has the new Act still created, to what extent are journalists really utilise this FOI Act in their daily routine especially in accessing public records, reporting correction and other classified maters in Nigeria. It is against this backdrop that the study investigated that the application of Freedom of Information Law in media news reporting: problem and prospects.

1.3       Objectives of the Study

  1. To examine whether FOI law has enhanced the practice of journalism in Nigeria.
  2. To evaluate how free is press under the new Freedom of Information Law ACT in news gathering.

1.4       Research Questions

  1. To what extent has FOI Act enhanced the practice of journalism in Nigeria?
  2. How free is press under the Freedom of Information Act in news gathering?

1.5       Scope of the Study

The study which investigates the application of Freedom of Information Law in media news reporting: problem and prospects was narrowed in scope to the journalists in Rivers state who can be located at NUJ Press Centre Porthacourt due to the proximity. And because it will be difficult if not impossible to visit the entire media houses in Rivers state. Inadequate fund, time and other logistics are some of the rationale for limiting the scope of this study to the journalists in Rivers state.

1.6       Significance of the Study

The significance of the study aiming at revealing to the entire world especially the media practitioners, audience, which include different bodies and agencies that the freedom of the press is a freedom of everybody in the society irrespective of their discipline, status and background.

The study will further help media practitioners on need to fully inculcate and apply new freedom of information law into their daily activities for better gathering and dissemination of factual and balanced information.

This study will no doubt be useful to mass media practitioners in Nigeria and beyond and will help the public appreciate the numerous role of the press in Nigeria so as to enable them rise in defense of the press whenever it is threatened by excessive power.

It is also expected that at the end of this study, the work will update knowledge within the framework of the investigative journalism, particularly, it will assist people on the reasons while journalists need to be more freed and enjoy more freedom of information to the press and society at large.

This study will draw the attention of the government to empower the press and ensure journalists security in carrying out their duties. More so, those who want to engage in similar study will find it very useful by serving as a reference point as very few materials are available on the topic.

1.7       Operational Definition of the Terms

Application: It means the use and integration of FOI act into the practice of journalism.

Freedom: It is a special privileged or right of access or the right to act or speak freely.

Freedom of Information: this is a right to access, process and distribute news and editorial materials without hindrance especially from the government agencies.

Freedom of Information Act: This is the Act that was assented in 2011 that made guarantee  easy access to public records and information with a promise that any institution that fails to provide the information required would be fined N500,000 and an applicant can sue the agency that refuses to release information which adds real value to the practice of journalism.

News Reporting: Basically, this has to do with the news gathering, processing and distribution.

Prospects: These are benefits and opportunities such as access to government database and records to enhance investigative reporting.  

Challenges: These are equally some problems that journalists are still facing even after about 9 years of the passage and assent of the Act. These challenges include but not limited to the arrest and detention of the press an some journalists inability to recognize and utilize this Act.

Journalists in Rivers State: These include all journalists working in both private and government, mainstream and online media in Rivers state.


APPLICATION OF FREEDOM OF INFORMATION LAW IN MEDIA NEWS REPORTING


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