By Obiabin Onukwugha
The increasing spate of attacks against journalists, including harassment, intimidation, physical violence, arbitrary arrests and detention, threats or attacks, whether of physical, legal, political, technological or economic nature, some of which are carried out by Government officials, security, intelligence, law enforcement and other actors, constitute a violation of media freedom and the rights of journalists.
Media organizations must therefore equip journalists in their employment, particularly those who have been targeted for their work as well as those who are facing threats or who are likely to be targeted as a result of the sensitive nature of their work, with appropriate and comprehensive training, tools, and adequate resources to safeguard their digital assets and reduce their vulnerability to cyber-attacks.
These submissions are contained in a communiqué issued at the end of a two-Day Workshop on Laws Affecting the Media and the Safety of Journalists in Nigeria, held on Wednesday, September 11 and Thursday, September 12, 2024 at Bridge Waters Hotel, Enugu.
The workshop was organized by Media Rights Agenda with support from the MacArthur Foundation through the Wole Soyinka Centre for Investigative Journalism (WSCIJ) under the Collaborative Media Engagement for Development, Inclusion and Accountability (CMEDIA) Project, a multi-level intervention that supports media independence, improved transparency, accountability, and good governance in state and local governments.
The workshop, which had 30 participants and facilitators, made up of media professionals from broadcast, print and online media organizations from different states in the South East and South South geo-political zones of Nigeria, provided an overview to the participating journalists, on the current legal framework governing the media in Nigeria, and offered practical guidance on ensuring compliance with media-related laws; and how to foster a collaborative environment for addressing the challenges faced by journalists.
The workshop covered a range of topics and issues crucial to media freedom and journalism practice, including national, regional and international frameworks on freedom of expression, media freedom and the safety of journalists; legal frameworks that are inimical to media freedom; digital security and common digital threats to journalism practice; ethics in journalism practice; understanding the Freedom of Information Act, 2011; how to avoid legal liabilities as journalists; how to protect information, systems, confidential sources and contacts; and avenues for journalists to obtain legal and litigation support.
The communiqué observed that journalists and the media play a vital role in informing the public, in holding those in power accountable, and in strengthening democratic governance, which frequently pits them against the rich and powerful in society, many of whom go to great lengths to prevent journalists and the media from performing their functions.
It also observed that journalists and the media in Nigeria were witnessing relentless and increasing attacks on them, frequently orchestrated through the abuse or misuse of Laws and regulations by governments, law enforcement, security and intelligence officials as well as rich and powerful non-state actors. It is, therefore, imperative that journalists and media organizations familiarize themselves with the laws and regulations affecting journalism and media practice to avoid unnecessary brushes with the law as well as to enable them to better protect themselves and their sources of information, and thus carry out their duties safely and confidently.
The communiqué emphasized the need for journalists to study and strive to have complete familiarity with the prevailing ethical standard, which is the Revised Code of Ethics for Nigerian Journalists, 2022, so that they can report more ethically and professionally; better protect themselves; assert their rights and freedoms, and ensure that they can carry out their professional duties without undue interference or the fear of retribution.
It also observed that over the years, many laws enacted during military rule and some others which have their origins in the colonial era, have continued to be enforced under a democratic dispensation and used intermittently to harass, intimidate and repress journalists and the media and that only a few of such laws have undergone some minor modifications, but remain largely restrictive towards the media sector and journalists.
In particular, Laws such as the Official Secrets Act of 1962; the Nigeria Press Council Act of 1992, as amended; the National Broadcasting Commission Act of 1992, as amended; the Criminal Code Act, which creates offenses such as criminal defamation, publication of false news; defamation of persons exercising sovereign authority over a State; provoking breach of peace by offensive publication; insult to a religion; obscene publications; seditious publications; among others; remain part of Nigerian Laws which can be used and are sometimes used to harass, intimidate and repress journalists and the media.
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More recently, the Federal Government has enacted the Cybercrimes (Prohibition, Prevention, etc.) Act of 2015, as amended, which has become a potent instrument for public office holders, politicians and other powerful members of the society who frequently misuse and abuse the Law to harass, intimidate and repress journalists and the media, thereby stifling media freedom.
The communiqué further observed that journalists in Nigeria are operating in an increasingly hostile digital environment, making them as well as their confidential sources of information and work tools vulnerable and susceptible to digital attacks. Therefore, understanding the nature of the digital threats while adopting and implementing effective security protections and practices are essential for the safe performance of their professional functions.
The communiqué therefore recommended that media organizations must equip journalists in their employment, particularly those who have been targeted for their work as well as those who are facing threats or who are likely to be targeted as a result of the sensitive nature of their work, with appropriate and comprehensive training, tools, and adequate resources to safeguard their digital assets and reduce their vulnerability to cyber-attacks.
The communiqué also recommended that in this digital environment, there is need for journalists to adopt robust security measures to protect themselves, their sources of information and their devices and professional equipment from malicious actors as well as from governments, law enforcement, security and intelligence agencies.
It read in part: “Media organizations must equip journalists in their employment, particularly those who have been targeted for their work as well as those who are facing threats or who are likely to be targeted as a result of the sensitive nature of their work, with appropriate and comprehensive training, tools, and adequate resources to safeguard their digital assets and reduce their vulnerability to cyber-attacks.
“Media organizations should adopt digital security policies and implement protocols for detecting and mitigating internal and external threats to their information and data, including by undertaking regular audits of access to sensitive data and the enforcement of strict access control mechanisms.
“Journalists should routinely and regularly back up their data to guard against malware, ransomware, hardware failures, and other potential disruptions. Both online and offline backup protocols and strategies should be adopted and implemented to minimize the possibility of loss or corruption of their data and ensure rapid recovery in the event of data loss due to cyber-attacks or any other attack.”
The communiqué also called for collaboration between journalists and media organizations in. respondinng to common threats and challenges.
It also called on media stakeholders, including professional bodies, media owners and civil society organizations working on issues of media freedom, safety of journalists, and media capacity-building, to collaborate in carrying out advocacy and other activities aimed at bringing about a reform of media laws and regulations to better protect media freedom and create a more conducive legal and regulatory environment for media and journalism practice in Nigeria.
“There should be greater cooperation and collaboration between journalists and media organizations to respond to common threats and challenges. In addition, mechanisms should be established to facilitate solidarity and support within the media sector whenever any member of the community is under attack.
“Media owners and managers should be more responsive to the needs, welfare and interests of journalists working in their respective media establishments by giving them appropriate support and assistance whenever the journalists are threatened or attacked in the course of or as a result of their work, including in cases where legal assistance is required.
“The increasing spate of attacks against journalists, including harassment, intimidation, physical violence, arbitrary arrests and detention, threats or attacks, whether of physical, legal, political, technological or economic nature, some of which are carried out by Government officials, security, intelligence, law enforcement and other actors, constitute a violation of media freedom and the rights of journalists and are accordingly condemned,” the communiqué read.
The participants thanked Media Rights Agenda for organizing the workshop and the MacArthur Foundation and the Wole Soyinka Centre for Investigative Journalism for their financial support for the workshop.
