Davidson Iriekpen
16 November 2009
Lagos — 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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