SECTOR 1

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

2.3 (2008: N/A; 2011: 2.1)

1.6 Confidential sources of information are protected
by law and/or the courts.
The protection of confidential sources of information is a major omission in
Nigeria’s media regulatory framework. Not a single line in the country’s range of
media related laws makes mention of this important requirement for the practice
of journalism.
Case law has also failed to fill the gap, and in the view of some, has created more
confusion instead of providing a solution. In one landmark case (Momoh vs the
Senate), a High Court ruled in favour of protecting journalistic sources, but the
Court of Appeal overturned the decision. The Court of Appeal judges insisted
that no special protection existed for sources of information. The case was thrown
out on other grounds.
Section 16 of the 2011 Freedom of Information Act states that “A public
institution may deny an application for information that is subject to the following
privileges... (c) Journalism confidentiality privileges.” However, this does not seem
to address the question of a journalist’s confidential sources of information. Also,
it is unclear if it applies to journalists in the private sector, who may not have to
deal with FOI requests.
In a nutshell, journalists enjoy no rights to protect sources before the courts,
security forces, parliaments and other such bodies.

18

AFRICAN MEDIA BAROMETER NIGERIA 2015

Select target paragraph3