edition-dw-akademie-in-the-service-of-the-public-functions-and-transformation-of-media-in-developing-countries-pdf

Part III Nigeria: Freedom Radio, an African Private Public Service RadioSince then, the broadcast sector has expanded vigorously:“In April 2011 there were 187 radio, 109 TV, 35 cable and 4 satellitebroadcast stations on air. All of them operate either at Federalor State level. Even though more than a half of the householdshave access to television, radio remains the key mediumin Nigeria.” 21Radio is a key medium particularly in the north, wherepoverty precludes the access of most households to a TV, andilliteracy levels are shockingly high. Since 1993, the NationalBroadcasting Commission (NBC) has issued more than 120 privateradio, television, and cable TV licenses. 22There are numerous constraints on editorial independence,right across the media sector in Nigeria. Financialinstability as well as harassment and intimidation are widespread:journalists on all levels frequently take bribes (knownas ‘brown envelopes’) to either elaborate or ignore a story;or they practice self-censorship in order to avoid being pressured,injured or worse. 23Libel is still both a civil and a criminal offense in Nigeriaand carries heavy penalties, including a tendency to awardsubstantial damages, which has two consequences, both ofthem potentially very costly for any outlet. First of all, if anoutlet finds itself accused of libel and damages are awarded –and the higher the rank of the complainant, the greater thesums likely to be awarded in damages – these sums can be ruinousand can mean the shutdown of the outlet. In April 2012,the courts dismissed a defamation suit for one billion naira(6.4 million US dollars) brought by a former state governoragainst TheNews magazine for reporting his role in an allegedpoultry-farm scam. 24Secondly, individual journalists may find themselves beingcriminalized and shut out from their profession if they arefound guilty of spreading libelous or defamatory material. Theweight of the law rests primarily on the side of officialdom,and there are few competent professional associations to offerjournalists support in such a case. “Some of the professionalassociations are effective and their membership is growing.” 25However, some media outlets ban their staff from joining orforming any such association, and often, when membershippayments prove insufficient to keep the organization going,“the associations solicit and receive sponsorships from governmentsand corporate bodies” 26 – with conceivable consequencesfor their independence.Legal shortcomings also mean that no outlet has verymuch hope of protecting its independence legally, even shouldit wish to. Press freedom and freedom of speech are nominallyguaranteed in the constitution of 1999 (as amended) and aFreedom of Information Act that spent over a decade in limbowas finally enacted in 2011. However, in practice, lack of claritymeans that interpretation and application of the laws is difficultin the extreme. In fact:“The laws establishing government owned media, includingthe Nigerian Television Authority, the Federal Radio Corporationof Nigeria, the Voice of Nigeria, and the News Agencyof Nigeria make it clear that they are to take instructions fromthe responsible minister, which is the minister for information,and that they are obliged to comply with those instructions.” 27In the IREX Media Sustainability Index for 2012, the scorefor Freedom of Speech has “improved significantly from previousyears due to the panelists’ assessment of the availabilityof public information and the existence of a right of access toinformation for media, journalists, and citizens.” 28 This is inreference to the aforementioned Freedom of Information Act,a major gain but one which has been restricted and compromisedby numerous exemption clauses, “with the overall effectthat access to information is not adequately guaranteed.” 29Furthermore, the domestic news agency (NAN) is practicallyguaranteed a monopoly for the gathering and distribution ofnews to outlets throughout the country, in the News Agency ofNigeria Act with which it was established in 1976. 30Community radio is as yet non-existent in Nigeria: a communityradio development policy document was drawn up in2006 and a presidential declaration was made in 2010, statingthat licensing by the regulator should start. 31 In January/February2013, it was widely reported that 800 community radiostations were to be set up by mid-year, “to ensure that informationon programs and policies of the Federal Governmentget to the rural communities.” 32 Not a single station had beenestablished at the time of writing. 335Nossiter, April 16, 2011.6European Union Election ObservationMission to Nigeria 2011, 1.7TI 2013.8Freedom House 2013a.9Reliable statistics are notoriouslyhard to come by for Nigeria;some sources cite slightlydifferent figures.10Birrell, April 16, 2014.11DFID 2013.12Freedom House 2013b.13UNDP Nigeria.14http://en.wikipedia.org/wiki/Media_of_Nigeria15UNDP Nigeria.16As cited in: European UnionElection Observation Mission toNigeria 2011, 30.17Open Society Initiative for WestAfrica 2010, 9.18Milligan & Mytton 2009, 492.19Ariye 2010.20Ibid.21European Union Election ObservationMission to Nigeria 2011, 29.22Open Society Initiative for WestAfrica 2010, 9.23Freedom House 2013b.24Ibid.25IREX 2012, 320.26Ibid.27Ibid., 316.28Ibid., 315. The score for Freedomof Speech is 2.19 (out of apossible 4) which just pushesit into the ‘Near Sustainability’section on the scale: “Countryhas progressed in meetingmultiple objectives, with legalnorms, professionalism, and thebusiness environment supportiveof independent media.” (p.314).29Ibid., 317.30Ibid., 319. It will be noted, lateron, that many news outletsnonetheless make use of foreignnews agencies and channels,particularly for internationalnews.31Open Society Foundations 2013,34.32Agbakwuru, January 22, 2013.33Dadamac.net 2014.Edition DW Akademie In the Service of the Public 187