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Ten years after the
Nigerian mass media survived brutal
military dictatorships, a bill is now
before the House of Representatives
seeking to curtail press freedom and
teleguide the practice of journalism in
the country.
Legislators claim the bill would enhance
the practice of journalism but it has
been roundly condemned by the Nigerian
Guild of Editors which described it as
totally unnecessary for the profession
and the Nigerian public.
The bill which seeks to create a media
regulatory council whose chairman will
be appointed or dismissed at the
pleasure of the president on the
recommendation of the minister of
information and communications, is
entitled: “An Act to Provide for the
Repeal of the Nigerian Press Council Act
1992 and Establish the Nigerian Press
and Practice of Journalism Council.”
In a statement signed by the Guild
President, Mr. Gbenga Adefaye, editors
said there is hardly any redeeming value
in its 12 parts and 79 sections,
advising the House to devote its efforts
to the passage of the Freedom of
Information Bill (FOI) which the guild
says would have a profound impact on
accountability and transparency.
While saying that it was shocked the
bill is sponsored by a distinguished
journalist, Hon. Abike Dabiri-Erewa, the
guild asked legislators to stop
dissipating energy on chasing shadows.
According to the guild, the media should
take its own house-cleaning more
seriously.
He added that it is currently working
with other stakeholders to raise ethics,
ensure compliance and strengthen
reportorial capacity.
The editors stated that while employers
have a duty to treat their staff fairly
in accordance with their contracts of
employment, “this punitive position is
unacceptable, especially at a time when
the industry has set up a
self-regulatory mechanism – the Press
Ombudsman – to deal with press
complaints. The Press Ombudsman should
be given a chance to work.”
Investigation by THISDAY revealed that
the bill, whose public hearing holds in
Abuja today, seeks to put media practice
under the absolute control of the
Nigerian Institute of Journalism (NIJ)
in addition to legislating ethics for
the media and teleguiding registration.
Legal experts told THISDAY that the bill
would run contrary to Sections 22 of the
1999 Constitution which states that “the
press, radio, television and other
agencies of the media shall at all times
be free to uphold the fundamental
objectives contained in the chapter and
uphold the responsibility and
accountability of the government to the
people.”
A portion of the bill which some in the
journalism profession see as obnoxious
and an attempt to gag the industry,
states in section 28(3) that "the
council may, if it thinks fit, withdraw
any approval given under this section of
this Act in respect of course,
qualification or institution, but before
withdrawing such approval the council
shall (a) give notice that it proposes
to do so to persons in Nigeria appearing
to the council to be persons by whom the
course is conducted or the qualification
is granted or the institution is control
as the case may be.”
Some contentious provisions in the Act
are in sections 45 and 50 which state
that “all journalists shall respect the
privacy of individuals and their
families unless the public interest is
affect” and “journalists shall report
matters of national security with
discretion and all sense of
responsibility” respectively.
Also section 35 of the Act state that
salaries and allowances, pensions and
general conditions of service should at
least not be less than 120 per cent
above those paid to staff in federal and
state government parastatals and private
companies.
Why a salary structure would be
legislated for only the media is a
provision that is confounding.
Another condition set by the bill for
the practice of journalism in the
country which is already generating
controversy among journalists is the
procedure for qualification.
Many, especially degree holders (BA or
BSc), have faulted a situation where
they have to go to the NIJ (which awards
only diplomas) to receive fresh
certification.
According to the guild, “If the bill is
a practitioner’s nightmare, the Guild
notes that it is, in every respect, an
investor’s waterloo. We are at a loss as
to where the sponsors found their model
– a model that seeks to criminalise both
the practice and business of journalism.
"It recommends that every media house –
irrespective of scale of operation –
should pay 20 per cent above the
national minimum wage; and 120 per cent
more if the publication covers at least
two-thirds of the country. In a country
where businesses are virtual
governments, providing their own
electricity, roads and water (and yet
facing the jeopardy of double taxation
and high tariffs) this provision will
surely do more harm than good.
"Employers who cannot pay will be forced
to close. And this is a clear and
present danger. The Guild notes that
Section 10 of the bill requires members
of the Council to swear to an oath of
secrecy. This may be a standard ritual
in government offices, but journalism is
about revelation and conflict. We
therefore reject any ritual that goes
against the grain of transparency and
openness in public affairs, which such
oath-taking obviously seeks to encourage
and perpetuate.
“Other obnoxious provisions (Sections
26–28) in the bill include the licensing
of journalists and the pre-qualification
examinations. In an age where the
profession continues to be enriched by
cross-disciplinary knowledge and
increasing specialisation, it is
ridiculous that the bill intends to
return the profession to a closed-shop.
This is unacceptable.”
The guild recalled that the media
industry’s opposition to the nature of
the composition of the Nigerian Press
Council (NPC), including the appointment
of its Chairman, was not only a subject
of litigation but also one of the main
reasons for the ineffectiveness of the
NPC.
Some analysts have expressed worry over
the motive behind the bill when the same
lawmakers have dragged their feet on
passing the FoI Bill which has been
pending before the National Assembly for
more than six years.
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