0
Main Text: Osinbajo, Y. andFogam, K. (1991). Nigerian Media           Law. Lagos: Gravitas                  Publishments.
The oxford dictionary of current English defines law as:„ a rule or system of rules recognized by a  country or community ...
 Law   is an academic discipline Law   is a statement of a proven fact Law is what is made to be broken [the sociology ...
Communication Law has been defined asthe collection or corpus of legal norms,customs and so forth, which regulate thecolle...
Common      • The ancient customary law of the land            • Precedents which , if conclusive, the courts are  Law    ...
 The   Constitution The   Federal laws The   laws by state governments By-laws        by local councils or local gover...
 Borrowed/   Received laws International   laws
“Liberty of the press consists in laying noprevious restraints upon publication andnot in freedom from censure for crimina...
Every man has the undoubted right to lay  what sentiment he pleases before the public,  to forbid that is to destroy the f...
“Freedom to gather information, to publish suchinformation gathered to protect the sources of theseinformation;to inform, ...
“the right to freedom of opinion andexpression; this right includes freedom tohold opinions without interference and tosee...
 No  prior or subsequent censorship, that is  the freedom to own. Freedom to gather information and the  right not to be...
 Theinstitution of a free press, that is independent and free of censorship, is an essential element of every free state ...
The principles of freedom of expression,and consequently press freedom, werefirst included in article 19 of the Frenchdecl...
In Nigeria, this guarantees could be traced back tothe constitution of 1960 which provided forfreedom of expression under ...
Presently the constitutional guarantees arefound in chapter 2 section 22; chapter 4section 39 and 45, of the 1999 constitu...
Chapter 2, Section 22: Obligations of            the Mass Media“The press, radio, television and otheragencies of the mass...
Chapter 4 Section 39, Sub-section 1:     right to freedom of expression“Every person shall be entitled to freedomof expres...
Chapter 4 Section 39, sub-section 2: right    to private ownership of mass mediaThis section deals with the right of indiv...
Chapter 4 Section 45: restriction on and  derogations from freedom of the PressSome restrictions to the constitutionalguar...
Concerns about intrusive media reporting were most likely the genesis of the law of privacy. Privacy may be defined as “th...
according to the US privacy law there are four  rights:[a] the right to prevent appropriation or use       of    one‟s lik...
the components of invasion of privacy are:* window peeping* wire tapping or bugging* unauthorized use of personal letters*...
The nature of privacy violation is premisedupon the mental feeling of an individual.It is the dignity of the individual th...
Chapter 4 Section 37 of the 1999 constitution guarantees the right to privacy as it dwells on the right to private and fam...
People‟s privacy may be intruded upon bygovernment or its agents, or the media.The media can be sued for invasion of priva...
chapter 4 section 39, sub-section (2)provides the foundation for ownership andoperation of media in Nigeria.it states inte...
Regulatory Provisions for Newspaper                 OwnershipThe Newspaper Act 1917 as amended by theNewspapers (Amendment...
Section 39 (2) of the 1999constitution provides thebasis for ownership andoperation of mass media inNigeria.
Section 39 (2) of the 1999 constitution states that:“… every person shall be entitled to own, establishand operate any med...
The right to ownership of media is onlysubject to the regulatory requirements forestablishing a newspaper provided underso...
why is special licensing required forbroadcasting?1. The broadcast spectrum belongs to allNigerians and to operate a stati...
why is special licensing required forbroadcasting?2. Governments the world over earnsrevenue from the allocation of freque...
why is special licensing required forbroadcasting?3. Government regulates publicbroadcasting to ensure it is used responsi...
Regulatory Provisions for NewspaperOwnershipThe Newspaper Act, 1917 as amended in1964 provides the main Federal regulatory...
Regulatory Provisions for NewspaperOwnershipA newspaper is defined by the Act as:“any paper containing public news,intelli...
Regulatory Provisions for NewspaperOwnershipThe provisions of the Act initially applied togovernment-owned newspapers, but...
Regulatory Provisions for NewspaperOwnership1. Registration of affidavit and bonds2. Delivery of signed copies3. Establish...
Regulation of Printing Press    Printing Presses Registration Act, 1933The Act requires any person in possessionof a print...
Regulation of Printing Press    Printing Presses Registration Act, 1933The Act prescribes a fine of one hundredNaira or an...
Regulation of Printing Press    Printing Presses Registration Act, 1933Section 4 (1) of the Act requires that anythingprin...
Legal Requirements for Establishing a      Radio/Television Station in NigeriaThe main regulatory legislation presently re...
Media law   1
Media law   1
Media law   1
Media law   1
Media law   1
Media law   1
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  • Orunsola O. Press Law and Ethics: An Introductory Text. Lagos: Symbols Publishers.
  • Orunsola O. Press Law and Ethics: An Introductory Text. Lagos: Symbols Publishers.
  • Orunsola O. Press Law and Ethics: An Introductory Text. Lagos: Symbols Publishers. (p.13)
  • Orunsola O. Press Law and Ethics: An Introductory Text. Lagos: Symbols Publishers.
  • Orunsola O. Press Law and Ethics: An Introductory Text. Lagos: Symbols Publishers.
  • Orunsola O. Press Law and Ethics: An Introductory Text. Lagos: Symbols Publishers.the right to private and family lifeChapter 4 Section 37 Privacy
  • Media Law and Ethics. JLS 612. National Open University of Nigeria (2008).
  • Media Law and Ethics. JLS 612. National Open University of Nigeria (2008).
  • Media Law and Ethics. JLS 612. National Open University of Nigeria (2008).
  • Osinbajo and Fogam. (1991). P.23
  • Osinbajo and Fogam. (1991). P.30 See also Orunsola. (2009). P. 18-20.
  • See also Orunsola. (2009). P. 17-24.
  • Transcript of "Media law 1"

    1. 1. Main Text: Osinbajo, Y. andFogam, K. (1991). Nigerian Media Law. Lagos: Gravitas Publishments.
    2. 2. The oxford dictionary of current English defines law as:„ a rule or system of rules recognized by a country or community as governing the action of its members‟
    3. 3.  Law is an academic discipline Law is a statement of a proven fact Law is what is made to be broken [the sociology of law]
    4. 4. Communication Law has been defined asthe collection or corpus of legal norms,customs and so forth, which regulate thecollection and dissemination of news,exchange of ideas and informationgenerally
    5. 5. Common • The ancient customary law of the land • Precedents which , if conclusive, the courts are Law bound to follow in related casesStatutory • Written law • Law enacted by constituted authorities i.e local, Law state and federal government Law of • Right founded on the laws of nature and moral justice; fairness • The spirit of justice which enables us to interpret Equity laws rightly
    6. 6.  The Constitution The Federal laws The laws by state governments By-laws by local councils or local governments
    7. 7.  Borrowed/ Received laws International laws
    8. 8. “Liberty of the press consists in laying noprevious restraints upon publication andnot in freedom from censure for criminalmatters where published.‟
    9. 9. Every man has the undoubted right to lay what sentiment he pleases before the public, to forbid that is to destroy the freedom of the press; but if he publishes what is illegal or mischievous he must face the consequences of his own temerity.- Blackstone
    10. 10. “Freedom to gather information, to publish suchinformation gathered to protect the sources of theseinformation;to inform, educate and entertain society without director indirect control;to serve as a forum for the free expression of opinion,to circulate freely without let or hindrance;to publish newspapers, periodicals or operate othermedia without licence or similar restriction;to resist or respond to pressures from economic,political or other interest groups according to its lights.”
    11. 11. “the right to freedom of opinion andexpression; this right includes freedom tohold opinions without interference and toseek, receive and impart information andideas through any media and regardless offrontiers”- article (19) of the UDHR
    12. 12.  No prior or subsequent censorship, that is the freedom to own. Freedom to gather information and the right not to be compelled to disclose the source of information Freedom to impart. A passive right to receive. Freedom from unreasonable punishment for what is published
    13. 13.  Theinstitution of a free press, that is independent and free of censorship, is an essential element of every free state and modern democracy. The duty of the Press is to keep the citizens informed of the different opinions being expressed so that people can make the political decisions which a democracy demands of them.
    14. 14. The principles of freedom of expression,and consequently press freedom, werefirst included in article 19 of the Frenchdeclaration of rights of Man in 1789 andyears later in First amendment of the USconstitution and today, virtually everynation state in the world has more or lessrecognized this in their constitutions.
    15. 15. In Nigeria, this guarantees could be traced back tothe constitution of 1960 which provided forfreedom of expression under section 24.Subsequently other constitutions have includedthese guarantees, for example:1963 constitution – section 25;and 1979 constitution [section 36] retained themand added the responsibility of monitoringgovernance, and freedom to own, establish andoperate media.
    16. 16. Presently the constitutional guarantees arefound in chapter 2 section 22; chapter 4section 39 and 45, of the 1999 constitution
    17. 17. Chapter 2, Section 22: Obligations of the Mass Media“The press, radio, television and otheragencies of the mass media shall at alltimes be free to uphold the fundamentalobjectives contained in this chapter anduphold the responsibility and accountabilityof the government to the people”
    18. 18. Chapter 4 Section 39, Sub-section 1: right to freedom of expression“Every person shall be entitled to freedomof expression including the freedom to holdopinion and to receive and impart ideas,and information without interference”
    19. 19. Chapter 4 Section 39, sub-section 2: right to private ownership of mass mediaThis section deals with the right of individualsto establish and own media and limits theownership of broadcast media to the Federalgovernment and any other persons or bodyauthorized by the president on the fulfillmentof conditions laid down by an act of theNational Assembly [Act 55 of 1999].
    20. 20. Chapter 4 Section 45: restriction on and derogations from freedom of the PressSome restrictions to the constitutionalguarantees are recognized here premised on:maintenance of public safety, public order,public morality or public health, as well asprotecting the rights and freedom of otherpersons [i.e. privacy]; and whenever there isa state of emergency.
    21. 21. Concerns about intrusive media reporting were most likely the genesis of the law of privacy. Privacy may be defined as “the right to be left alone” or “a kind of space that a man carries with him into his bedroom or into the street”- William O. Douglas & Milton Konvits
    22. 22. according to the US privacy law there are four rights:[a] the right to prevent appropriation or use of one‟s likeness or name for commercial gain;[b] the right to prevent intrusion into one‟s private domain;[c] the right to prevent public disclosure of private facts; and[d] the right to prevent a person being placed in a false light to a public audience.
    23. 23. the components of invasion of privacy are:* window peeping* wire tapping or bugging* unauthorized use of personal letters* eavesdropping* use of names or pictures for ads withoutwritten permission* trespassing to obtain pictures or interviews
    24. 24. The nature of privacy violation is premisedupon the mental feeling of an individual.It is the dignity of the individual that is atstake not the perception of the public perse.
    25. 25. Chapter 4 Section 37 of the 1999 constitution guarantees the right to privacy as it dwells on the right to private and family life.Chapter 4 Section 37 : the right to private and family life “the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communication, including letters or other correspondence, is hereby guaranteed and protected”.
    26. 26. People‟s privacy may be intruded upon bygovernment or its agents, or the media.The media can be sued for invasion of privacy interms of : portrayal in false light, appropriation,intrusion and embarrassment.Possible defenses are based on: consent,newsworthiness or public figure in public places.Partial defense: oral or implied consent.
    27. 27. chapter 4 section 39, sub-section (2)provides the foundation for ownership andoperation of media in Nigeria.it states inter alia:“
    28. 28. Regulatory Provisions for Newspaper OwnershipThe Newspaper Act 1917 as amended by theNewspapers (Amendment Act) of 1964 arethe two main federal regulatory legislation forestablishing and owning newspaper inNigeria.Even though some states also have their ownregulatory legislation, they are by and largesimilar to the federal legislation
    29. 29. Section 39 (2) of the 1999constitution provides thebasis for ownership andoperation of mass media inNigeria.
    30. 30. Section 39 (2) of the 1999 constitution states that:“… every person shall be entitled to own, establishand operate any medium for the dissemination ofinformation, ideas and opinions: provided that noperson, other than the government of theFederation or of a State or any other person orbody authorized by the President on the fulfillmentof conditions laid down by an Act of the NationalAssembly, shall own, establish or operate atelevision or wireless broadcasting station for anypurpose whatsoever.”
    31. 31. The right to ownership of media is onlysubject to the regulatory requirements forestablishing a newspaper provided undersome Federal and State legislation.To establish a radio or television stationhowever requires a permit or speciallicence.
    32. 32. why is special licensing required forbroadcasting?1. The broadcast spectrum belongs to allNigerians and to operate a station onerequires to be allocated frequencies andthis is best done by a central authority soas to maintain some order.
    33. 33. why is special licensing required forbroadcasting?2. Governments the world over earnsrevenue from the allocation of frequenciesand these are used for providing othersocial services
    34. 34. why is special licensing required forbroadcasting?3. Government regulates publicbroadcasting to ensure it is used responsiblyin the interest of the people.4. Government regulates broadcasting toensure that the media conform to thefundamental objectives of the state, sincebroadcasting is perceived as a powerful toolof mass mobilization.
    35. 35. Regulatory Provisions for NewspaperOwnershipThe Newspaper Act, 1917 as amended in1964 provides the main Federal regulatorylegislation for Newspaper in Nigeria.In addition, a few states have their ownregulatory legislation largely identical with theFederal legislation.
    36. 36. Regulatory Provisions for NewspaperOwnershipA newspaper is defined by the Act as:“any paper containing public news,intelligence or occurrences or remarks,observations or comments thereonprinted for sale and published in Nigeriaperiodically or in parts or numbers.”
    37. 37. Regulatory Provisions for NewspaperOwnershipThe provisions of the Act initially applied togovernment-owned newspapers, but laterapplicable to editors of all newspapers, asamended 1964.
    38. 38. Regulatory Provisions for NewspaperOwnership1. Registration of affidavit and bonds2. Delivery of signed copies3. Establishment of an office4. Appointment of an Editor
    39. 39. Regulation of Printing Press Printing Presses Registration Act, 1933The Act requires any person in possessionof a printing press for the printing of booksor papers (as defined in section 2 of theAct) to make a declaration before amagistrate stating the true and precisedescription of the place where such pressis situate.
    40. 40. Regulation of Printing Press Printing Presses Registration Act, 1933The Act prescribes a fine of one hundredNaira or an imprisonment for a term of sixmonths or both, for failure to make suchdeclaration or knowingly making falsestatements in the declaration.
    41. 41. Regulation of Printing Press Printing Presses Registration Act, 1933Section 4 (1) of the Act requires that anythingprinted (books, papers, etc.) must bear thename and address of the printer, thepublisher and the place of publication inlegible characters in English. Failure tocomply carries a fine of one hundred Naira orsix months imprisonment or both.
    42. 42. Legal Requirements for Establishing a Radio/Television Station in NigeriaThe main regulatory legislation presently resides inthe Nigeria Broadcasting Commission (NBC) Act (formerly, decree 38, 1992) which provides forprivate involvement in broadcasting which hithertohad been reserved for government.It also provides for the establishment of the NBCand empowers it (the NBC) to issue, renew andrevoke broadcast licences in Nigeria.
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