There is no absolute freedom anywhere, even in the freest societies of the world. The freedom or right of one person or the press to publish should not destroy the right of another man or the right of society to exist and be safe from the effect of wrongful, harmful, defamatory or mischievous publications.
Therefore,
the press has freedom and equal responsibility that goes with that freedom. It
has a right and a duty. For every right or freedom that is claimed or enjoyed
there is a corresponding duty.
In
the words of Denning L. J: To our way of thinking, it is elementary that each
man should be able to inquire and seek after truth until he has found it.
Everyone
in the land should be free to think his own thoughts, have his own opinion and
give voice to them, in public or in private, so long as he does not speak ill
of his neighbor, and free also to criticize the government or any party or
group of people, so long as he does not incite anyone to violence.
Main Limits to Freedom of the Press in Nigeria
In
short, while the press wants absolute and unhindered freedom, the freedom has
to be limited in the overall interest of everyone in society including the
press by:
1. The Constitution
2. The Legislature
3. The Courts
4. The Government
While
guaranteeing freedom of expression and the press, the constitution is also
quick to impose limitations. For example: The 1999 Constitution makes freedom
of expression subject to any law that is reasonably justifiable in a democratic
society.
Section 39 (3) says: Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society.
a. For the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematographic films.
b. Imposing restrictions upon persons holding
office under the Government of the Federal or of a State, members of the
Nigerian Police Force or other government security services established by law.
Section 45 (1) provides:
“Nothing in Section 37, 38, 40 and 41 of this Constitution shall invalidate any
law that is reasonably justifiable in a democratic society.
a)
In the interest of defense, public safety, public order, public morality;
public health.
b)
For the purpose of protection of the rights and freedom of other persons.
In
pursuance of this constitutional provision, for the protection of the public
and private individuals legislatures in Nigeria are therefore free and have
been able to pass laws in the following areas:
a)
Contempt of court and contempt of parliament
b)
Disclosure or publication of official secrets including defense and security
information
c)
Publication of obscene and harmful literature and materials
d)
Sedition and seditious publication
e)
Defamation
f)
Regulation of telephony, wireless broadcasting, television or the exhibition of
cinematography films.
The
freedom of expression and freedom of the press given by the constitution are
not without limits or warnings. It is important for every media practitioner to
know that there is a limit to his or her freedom of expression so as not to run
afoul of the law.
The freedom of expression and freedom of the press are so important that virtually all-international and national charters of human rights recognize them.
Besides, most countries of the world including Nigeria have enshrined freedom
of expression and freedom of the press in their constitutions. However, it must
be noted that the freedom is not limited to journalists alone, also the freedom
is not without restriction from the constitution, from government, courts and
legislations.
0 Comments