The document discusses media law in Nigeria, including definitions of law, press freedom, and privacy. It outlines the constitutional guarantees of freedom of expression and press freedom in Nigeria dating back to the 1960 constitution. These guarantees are currently found in chapters 2 and 4 of the 1999 constitution. The document also discusses regulatory provisions for newspaper ownership and the requirements for licensing broadcasting stations.

1. Main Text: Osinbajo, Y. and
Fogam, K. (1991). Nigerian Media
Law. Lagos: Gravitas
Publishments.

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.  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. Communication Law has been defined as
the collection or corpus of legal norms,
customs and so forth, which regulate the
collection and dissemination of news,
exchange of ideas and information
generally

5. Common • The ancient customary law of the land
• Precedents which , if conclusive, the courts are
Law bound to follow in related cases
Statutory • 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.  The Constitution
 The Federal laws
 The laws by state governments
 By-laws
by local councils or local
governments

7.  Borrowed/ Received laws
 International laws

9. “Liberty of the press consists in laying no
previous restraints upon publication and
not in freedom from censure for criminal
matters where published.‟

10. 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

12. “Freedom to gather information, to publish such
information gathered to protect the sources of these
information;
to inform, educate and entertain society without direct
or 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 other
media without licence or similar restriction;
to resist or respond to pressures from economic,
political or other interest groups according to its lights.”

13. “the right to freedom of opinion and
expression; this right includes freedom to
hold opinions without interference and to
seek, receive and impart information and
ideas through any media and regardless of
frontiers”
- article (19) of the UDHR

14.  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

15.  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.

20. The principles of freedom of expression,
and consequently press freedom, were
first included in article 19 of the French
declaration of rights of Man in 1789 and
years later in First amendment of the US
constitution and today, virtually every
nation state in the world has more or less
recognized this in their constitutions.

21. In Nigeria, this guarantees could be traced back to
the constitution of 1960 which provided for
freedom of expression under section 24.
Subsequently other constitutions have included
these guarantees, for example:
1963 constitution – section 25;
and 1979 constitution [section 36] retained them
and added the responsibility of monitoring
governance, and freedom to own, establish and
operate media.

22. Presently the constitutional guarantees are
found in chapter 2 section 22; chapter 4
section 39 and 45, of the 1999 constitution

23. Chapter 2, Section 22: Obligations of
the Mass Media
“The press, radio, television and other
agencies of the mass media shall at all
times be free to uphold the fundamental
objectives contained in this chapter and
uphold the responsibility and accountability
of the government to the people”

24. Chapter 4 Section 39, Sub-section 1:
right to freedom of expression
“Every person shall be entitled to freedom
of expression including the freedom to hold
opinion and to receive and impart ideas,
and information without interference”

25. Chapter 4 Section 39, sub-section 2: right
to private ownership of mass media
This section deals with the right of individuals
to establish and own media and limits the
ownership of broadcast media to the Federal
government and any other persons or body
authorized by the president on the fulfillment
of conditions laid down by an act of the
National Assembly [Act 55 of 1999].

26. Chapter 4 Section 45: restriction on and
derogations from freedom of the Press
Some restrictions to the constitutional
guarantees are recognized here premised on:
maintenance of public safety, public order,
public morality or public health, as well as
protecting the rights and freedom of other
persons [i.e. privacy]; and whenever there is
a state of emergency.

27. 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

28. 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.

29. 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 without
written permission
* trespassing to obtain pictures or interviews

30. The nature of privacy violation is premised
upon the mental feeling of an individual.
It is the dignity of the individual that is at
stake not the perception of the public per
se.

31. 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”.

32. People‟s privacy may be intruded upon by
government or its agents, or the media.
The media can be sued for invasion of privacy in
terms 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.

33. chapter 4 section 39, sub-section (2)
provides the foundation for ownership and
operation of media in Nigeria.
it states inter alia:
“

34. Regulatory Provisions for Newspaper
Ownership
The Newspaper Act 1917 as amended by the
Newspapers (Amendment Act) of 1964 are
the two main federal regulatory legislation for
establishing and owning newspaper in
Nigeria.
Even though some states also have their own
regulatory legislation, they are by and large
similar to the federal legislation

35. Section 39 (2) of the 1999
constitution provides the
basis for ownership and
operation of mass media in
Nigeria.

36. Section 39 (2) of the 1999 constitution states that:
“… every person shall be entitled to own, establish
and operate any medium for the dissemination of
information, ideas and opinions: provided that no
person, other than the government of the
Federation or of a State or any other person or
body authorized by the President on the fulfillment
of conditions laid down by an Act of the National
Assembly, shall own, establish or operate a
television or wireless broadcasting station for any
purpose whatsoever.”

37. The right to ownership of media is only
subject to the regulatory requirements for
establishing a newspaper provided under
some Federal and State legislation.
To establish a radio or television station
however requires a permit or special
licence.

38. why is special licensing required for
broadcasting?
1. The broadcast spectrum belongs to all
Nigerians and to operate a station one
requires to be allocated frequencies and
this is best done by a central authority so
as to maintain some order.

39. why is special licensing required for
broadcasting?
2. Governments the world over earns
revenue from the allocation of frequencies
and these are used for providing other
social services

40. why is special licensing required for
broadcasting?
3. Government regulates public
broadcasting to ensure it is used responsibly
in the interest of the people.
4. Government regulates broadcasting to
ensure that the media conform to the
fundamental objectives of the state, since
broadcasting is perceived as a powerful tool
of mass mobilization.

41. Regulatory Provisions for Newspaper
Ownership
The Newspaper Act, 1917 as amended in
1964 provides the main Federal regulatory
legislation for Newspaper in Nigeria.
In addition, a few states have their own
regulatory legislation largely identical with the
Federal legislation.

42. Regulatory Provisions for Newspaper
Ownership
A newspaper is defined by the Act as:
“any paper containing public news,
intelligence or occurrences or remarks,
observations or comments thereon
printed for sale and published in Nigeria
periodically or in parts or numbers.”

43. Regulatory Provisions for Newspaper
Ownership
The provisions of the Act initially applied to
government-owned newspapers, but later
applicable to editors of all newspapers, as
amended 1964.

44. Regulatory Provisions for Newspaper
Ownership
1. Registration of affidavit and bonds
2. Delivery of signed copies
3. Establishment of an office
4. Appointment of an Editor

45. Regulation of Printing Press
Printing Presses Registration Act, 1933
The Act requires any person in possession
of a printing press for the printing of books
or papers (as defined in section 2 of the
Act) to make a declaration before a
magistrate stating the true and precise
description of the place where such press
is situate.

46. Regulation of Printing Press
Printing Presses Registration Act, 1933
The Act prescribes a fine of one hundred
Naira or an imprisonment for a term of six
months or both, for failure to make such
declaration or knowingly making false
statements in the declaration.

47. Regulation of Printing Press
Printing Presses Registration Act, 1933
Section 4 (1) of the Act requires that anything
printed (books, papers, etc.) must bear the
name and address of the printer, the
publisher and the place of publication in
legible characters in English. Failure to
comply carries a fine of one hundred Naira or
six months imprisonment or both.

48. Legal Requirements for Establishing a
Radio/Television Station in Nigeria
The main regulatory legislation presently resides in
the Nigeria Broadcasting Commission (NBC) Act (
formerly, decree 38, 1992) which provides for
private involvement in broadcasting which hitherto
had been reserved for government.
It also provides for the establishment of the NBC
and empowers it (the NBC) to issue, renew and
revoke broadcast licences in Nigeria.