Mass Media And Human Rights

CHAPTER THREE

3.0.0: INTRODUCTION

The Legal framework on Mass Media and Human rights represents aset of rules which is closely associated with the promotion and protection of individual rights especially right to freedom of expression which provided an avenue for freedom of speech which is a key to democracy and to the realization of all human rights. This was recognized by the UN General Assembly at its very first session, in Resolution 59(I), adopted on 14 December 1946, which states: “Freedom of information is a fundamental human right and ... the touchstone of all the freedoms to which the United Nations is consecrated.” The regulation of the media is mostly left to the government. Legal framework regulating the Media and Human rightsare

In 1975, the federal government took over the control of Nigeria 's broadcast media. However, in 1979 the Federal Military Government promulgated Decree No. 105 repealing certain decrees made between 1966 and 1979 which were not in consonance with the operation of democratic government. The two decrees repealed under Decree 105 were The Circulation of Newspapers Decree of 1966 and The Newspaper (Prohibition of Circulation) Decree of 1967. The Federal Government passed the Newspaper Amendment Act in 1964. The Act replaced the Seditious Offences Ordinance passed by the British Government in 1909 'to deal with the newspapers whose activities were getting more and more on the nerves of the British Government’

Mass media policy in Nigeria began with the 1979 Constitution, the original draft failed to define the role of Nigeria media or guarantee their freedom during the post military regime, but after opposition from the Nigerian press and other Nigerians, a vague amendment to the draft constitution was made to protect the freedom of the press during the civilian regime, It is felt that right to freedom of expression is one of the most basic rights in any democratic society and it should be a right to which every Nigerian should be entitled whether or not he is employed by the press

The act in its preamble provides for the act to make public records and information more freely available, provides for public access to public records and information, protects public records and information to the extent consistent with the public interest and the protection of personal privacy, protects serving public officers from adverse consequences for disclosing certain kinds of official information without authorization; and establishes procedures for theachievement of those purposes and for related matters. The promulgation of the act is a watershed in the annals of the protection of the right to freedom of expression in Nigeria. Prior to its enactment, Nigeria had no law which guaranteed access to public records and information,rather a plethora of laws prevents civil servants from divulging official facts and figures, notably the Official Secrets Act which makes it an offence not only for civil servants to give out government information but also for anyone to receive or reproduce such information. The Freedom of Information Act therefore creates the right of access to information in the custody of or under the control of public institutions or authorities and establishes a legal regime for the exercise and/or