SECTOR 1

Freedom of expression, including
freedom of the media, is effectively
protected and promoted.
1.1 Freedom of expression, including freedom of the
media, is guaranteed in the Constitution and supported by other pieces of legislation.
Nigeria’s constitution was last revised in 2011, although the amendments were
limited to issues concerned with the conduct of elections. The “supreme” law,
which has “binding force onall authorities and persons throughout the Federal
Republic of Nigeria”, thus contains the same provisions related to freedom of
expression as four years ago, when the last AMB was conducted for the country.
The constitution regards freedom of expression as a fundamental right, with
Section 39 noting that:
1. Every person shall be entitled to freedom of expression, including
freedom to hold opinions and to receive and impart ideas and
information without interference.
2. Without prejudice to the generality of subsection (1) of this section,
every person shall be entitled to own, establish and operate any
medium for the dissemination of information, ideas and opinions.
Whereas freedom of expression is explicitly enshrined in the constitution, freedom
of media is at best a derivative of this provision. In this regard, journalists only
benefit from the right to freely express themselves as “every person” and not as
members of a special corps. In other terms, journalists “hide under the law to
practice”.
The absence of a specific mention of “media freedoms” or “freedom of the press”
is seen in the industry as a failure to recognise the special nature of journalistic
work, that is, a profession based on the expression of a fundamental right. At the
same time, it remains unclear to what extent it curtails media freedoms.
Nonetheless, Nigeria’s highest law recognises the cardinal role of the press in
pursuing a free and democratic society. Section 22 stipulates that: “The press,
radio, television and other agencies of the mass media shall at all times be free
to uphold the fundamental objectives” of the constitution, “and uphold the
responsibility and accountability of the Government to the people.” Some media
scholars and activists have argued that the provision affirms the right and freedom
of the media to hold the government accountable to the people, and is therefore

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AFRICAN MEDIA BAROMETER NIGERIA 2015

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