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CHALLENGES
OF THE FREEDOM OF INFORMATION BILL TO THE BROADCAST MEDIA
(CASE
STUDY OF NTA ENUGU)
ABSTRACT
One of the cardinal points upon which the
freedom of information Bill is founded is the promotion of an enabling
environment for unfettered access to information as it concerns the conduct of
public affairs, records and documents. Considering that one of the major set
backs of the growth of the
TABLE OF CONTENTS
Title page
Declaration
Approval page
Dedication
Acknowledgement
Table of contents
Abstract
CHAPTER ONE
1.0
Introduction
1.1 History of Case Study
1.2 Statement of General Study
1.3 Aims and Objectives of Study
1.4 Hypothesis and Research Questions
1.5 Theoretical Frame work
CHAPTER TWO
2.0
Literature Review
2.1 Democracy and its Obligation
2.2
2.3 Freedom of Information Bill
and the Media
2.4 National Security Interest
and Official Secrets
2.5 Freedom Laws in two Worlds
2.6 Benefits of the Freedom of
Information Bill
CHAPTER THREE
3.0
Research Methodology
3.1 Technique and Method of Data Collection
3.1.1 Primary Data Collection
3.1.2 Secondary Data Collection
3.2 Justification for Approaches used
3.3 Data Gathering Instrument
3.4 Research Population and Sample Size
3.5 Data Analysis Technique
CHAPTER FOUR
4.0
Data Presentation and Analysis
4.1 Analysis and interpretation
4.2 Test of hypothesis
CHAPTER FIVE
5.0 Summary, Conclusion and Recommendation
5.1
Summary
5.2
Conclusion
5.3
Recommendation
Appendix
Questionnaire
Bibliography
CHAPTER ONE
1.0
Introduction
The Freedom of
Information Bill (FOI) is a bill that, if passed into law, will give every
Nigerian access to information, records and documents held by government bodies
and private bodies carrying out public functions.
It applies to
all arms of government: the Executive, Legislature and Judiciary as well as to
all tiers of government: Federal, State and Local Governments.
So far,
Restricting
access to vital information starves the press of the legal authority to publish
or broadcast what they know to be true. The Nigerian press has for many years
been accused of sensationalism as against fact-based journalism because their
reports appear to be unbacked with evidence.
The FOI Bill
has gone through three readings and a public hearing and has been passed by the
lower chamber of the National Assembly, and at the Senate, it has also passed
through three readings and a public hearing awaiting harmonization and
presidential assent to become law.
1.1 HISTORY OF CASE STUDY
In February 1962,
the Broadcasting Company of
The television
arm was excised from the former Broadcasting Corporation of Northern Nigeria
(BCNN) with Decree No. 24 of May 1977 which took effect retrospectively from
The station
has two (2) 10KW transmitters: Larcan Transmitter installed in April, 1994 and
Rhodes and Schwarz (R & S) installed in year 2000, both transmitters are
located at No. 99 Isa kaita Road, Enugu.
Objectives of NTA
The NTA
derives its objectives from the overall aims of broadcasting in
NTA’s Vision and
Vision
“To be a
World-Class television Network”
“To provide
excellent television services worldwide and project the true African
perspectives.”
The station
(NTA Enugu) has six departments
-
Programmes:
The Programmes
Department is responsible for planning and producing programmes for
transmission; the programs types are light entertainment, drama, variety and
documentary.
The department
is also responsible for all
- News
Department
The News
department is responsible for News and Current Affairs Programmes. It is
statutorily vested with the responsibility of gathering and broadcasting News
from all sources within the country some of its star programmes are News World,
Weekend Panorama, Guests of the Week and Issues of the Moment.
-
Engineering Department
The department
is responsible for the maintenance of all equipment and daily transmission of
programmes. As a Zonal Centre, it contributes to transmission of network programmes.
It is equipped to cover and transmit live programmes from any location within
the zone.
-
Administrative Department
The department
is the human resource and personnel arm of the station. It is in charge of
policy interpretation and implementation.
-
Finance Department
The finance
department manages the finances of the station.
-
Marketing Department
The marketing department
is responsible for the marketing and advertising activities of the station.
Nigerian
Television Authority (NTA) Enugu is located in the heart of the city at
The station
has staff strength of Ninety – Seven (97).
1.2
Statement of General
Problem
For over eight
years, the protagonists of the Freedom of Information Bill have been toiling to
it get passed at the National Assembly. The bill was presented initially in
1999 when the return to democratic governance heightened the expectations that
there will be increased disposition towards freer information access by those
in power.
By August
2004, the House of Representatives passed the Freedom of Information Bill and
two years later by 2006, the Senate by a consensus vote passed the same bill.
The general
problem is that corruption in
How easy will
it be for the people who are corrupt to be the same people called upon to eliminate/minimize
corruption? Unless the lid is opened on the activities of corrupt public
officials, it is most likely to abate.
1.3
Aims and Objectives of the
Study
This study
shall highlight some of the challenges the delay in the passage of the Freedom
of Information Bill pose to the Nigerian media with particular focus on the
Nigeria Television Authority (NTA) Enugu.
Some of these
challenges include:
·
Depriving the media the legal authority to publish what they
know to be true.
·
Deprives the media the right to publish or broadcast
fact-based reports.
·
Causing a major set-back to the growth of
The research
will however provide a premise for the applicability of the findings to other
Nigerian media.
1.4
Hypothesis and Research
Questions
H1: FOI Bill will provide legal access to individuals for public information.
H2: The FOI Bill will promote transparency and accountability in governance.
H3: The FOI Bill will give the broadcast media the legal backing to transmit
public information.
H4: The FOI will guides against the misuse of accessed public information.
H5: The FOI Bill gives the broadcast media total control of accessed
information.
Research Questions
R1: What are the challenges the FOI Bill pose to the broadcast media?
R2: What are the legal loop holes that the FOI Bill covers, that the
constitution does not cover?
R3: What are the benefits of FOI Bill?
1.5
Focus, Scope and
Limitations
This study
shall highlight the benefits the broadcast media would derive from the bill. It
will also look at the challenges (if any) the bill will present to the
broadcast media.
This study
shall also review the constitutional provisions to access of information and
the limitations it presents.
1.6
Theoretical Framework
This study
shall be guided by the libertarian and the democratic participant media theory.
The
libertarian theory later re-labeled “free press theory” is hinged on the
perception for increased freedom for press. Liberal philosophers like John
Stuart Mill and Milton greatly advanced the advocacy for free press.
In the main, libertarian
theory prescribes that an individual and by extension the press should be free
to hold and express opinions freely and publish same. The theory does not see
the need for censorship since it acknowledges the great potentials of humans as
rational being who can distinguish between truth and falsehood.
The theory
does not advocate press immunity to the rule of law and the canons of civilized
social conduct. It also advocates that the press be seen as partner with
government in the search of truth, rather than a tool in the hands of
government. It also advocates that:
-
Publication should be free from any prior censorship by any
third party.
-
No restrictions should be placed on the collection by legal
means of information for publication.
-
The act of publication and distribution should be open to a
person or group without permit or license.
-
There should be no compulsion to publish.
-
There should be no restriction on exporting or importing
sending or receiving of messages across national frontiers.
Pool (1973)
asserted that; “no nation will indefinitely tolerate a freedom of the press
that serves to divide the country and open the floodgates of criticisms against
the freely chosen government that leads it.
Mcquail (1983)
prescribed that the solution to the question of press freedom could be to free
the press from adverse censorship while at the same time leaving it answerable
to the law for any consequence of its activities that infringe other individual
right of the legitimate claim of the society.
Democratic
participant media theory is yet another theory developed by Mcquail in the
event of the earlier theories to deliver the social benefits expected of them.
This theory is
hinged on the insistence that the present bureaucracy as well as commercial and
professional hegemony in the media be broken down so as to guarantee easier
media access for all users and consumers.
The theory
represents people’s disillusionment against a media system that is over
monopolized, centralized and elitist. The theory calls for greater attention to
the needs, interests and aspirations of the receiver in a political society. In
the place of monopolization, it calls for pluralism; in place of centralism, it
advocates decentralization and localism. It insists that media conglomerates be
replaced or at least juxtaposed with small scale media enterprises.
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