1. Main Text: Osinbajo, Y. and
Fogam, K. (1991). Nigerian Media
Law. Lagos: Gravitas
Publishments.

2. The oxford dictionary of current English
defines law as:
„ a rule or system of rules recognized by a
country or community as governing the
action of its members‟

3.  Law is an academic discipline
 Law is a statement of a proven fact
 Lawis what is made to be broken [the
sociology of law]

4. Communication Law has been defined as
the collection or corpus of legal
norms, customs and so forth, which
regulate the collection and dissemination
of news, exchange of ideas and
information generally

5. Common • The ancient customary law of the land
• Precedents which , if conclusive, the courts are
Law bound to follow in related cases
Statutory • Written law
• Law enacted by constituted authorities i.e local,
Law state and federal government
Law of • Right founded on the laws of nature and moral
justice; fairness
Equity • The spirit of justice which enables us to interpret
laws rightly

6.  The Constitution
 The Federal laws
 The laws by state governments
 By-laws
by local councils or local
governments

7.  Borrowed/ Received laws
 International laws

9. “Liberty of the press consists in laying no
previous restraints upon publication and
not in freedom from censure for criminal
matters where published.‟

10. Every man has the undoubted right to lay
what sentiment he pleases before the
public, to forbid that is to destroy the
freedom of the press; but if he publishes
what is illegal or mischievous he must face
the consequences of his own temerity.
- Blackstone

12. “Freedom to gather information, to publish such
information gathered to protect the sources of these
information;
to inform, educate and entertain society without
direct or indirect control;
to serve as a forum for the free expression of
opinion, to circulate freely without let or hindrance;
to publish newspapers, periodicals or operate other
media without licence or similar restriction;
to resist or respond to pressures from
economic, political or other interest groups
according to its lights.”

13. “the right to freedom of opinion and
expression; this right includes freedom to
hold opinions without interference and to
seek, receive and impart information and
ideas through any media and regardless
of frontiers”
- article (19) of the UDHR

14.  No prior or subsequent censorship, that
is the freedom to own.
 Freedom to gather information and the
right not to be compelled to disclose the
source of information
 Freedom to impart.
 A passive right to receive.
 Freedom from unreasonable punishment
for what is published

15.  Theinstitution of a free press, that is
independent and free of censorship, is an
essential element of every free state and
modern democracy.
 The duty of the Press is to keep the
citizens informed of the different
opinions being expressed so that people
can make the political decisions which a
democracy demands of them.

20. The principles of freedom of expression,
and consequently press freedom, were
first included in article 19 of the French
declaration of rights of Man in 1789 and
years later in First amendment of the US
constitution and today, virtually every
nation state in the world has more or less
recognized this in their constitutions.

21. In Nigeria, this guarantees could be traced back
to the constitution of 1960 which provided for
freedom of expression under section 24.
Subsequently other constitutions have included
these guarantees, for example:
1963 constitution – section 25;
and 1979 constitution [section 36] retained them
and added the responsibility of monitoring
governance, and freedom to own, establish and
operate media.

22. Presently the constitutional guarantees
are found in chapter 2 section 22;
chapter 4 section 39 and 45, of the 1999
constitution

23. Chapter 2, Section 22: Obligations of
the Mass Media
“The press, radio, television and other
agencies of the mass media shall at all
times be free to uphold the fundamental
objectives contained in this chapter and
uphold the responsibility and
accountability of the government to the
people”

24. Chapter 4 Section 39, Sub-section 1:
right to freedom of expression
“Every person shall be entitled to
freedom of expression including the
freedom to hold opinion and to receive
and impart ideas, and information
without interference”

25. Chapter 4 Section 39, sub-section 2: right
to private ownership of mass media
This section deals with the right of
individuals to establish and own media and
limits the ownership of broadcast media to
the Federal government and any other
persons or body authorized by the
president on the fulfillment of conditions
laid down by an act of the National
Assembly [Act 55 of 1999].

26. Chapter 4 Section 45: restriction on and
derogations from freedom of the Press
Some restrictions to the constitutional
guarantees are recognized here premised
on: maintenance of public safety, public
order, public morality or public health, as
well as protecting the rights and freedom of
other persons [i.e. privacy]; and whenever
there is a state of emergency.

27. Concerns about intrusive media reporting
were most likely the genesis of the law of
privacy.
Privacy may be defined as “the right to be
left alone” or
“a kind of space that a man carries with him
into his bedroom or into the street”
- William O. Douglas & Milton Konvits

28. according to the US privacy law there are
four rights:
[a] the right to prevent appropriation or use
of one‟s likeness or name for
commercial gain;
[b] the right to prevent intrusion into one‟s
private domain;
[c] the right to prevent public disclosure of
private facts; and
[d] the right to prevent a person being
placed in a false light to a public
audience.

29. the components of invasion of privacy are:
* window peeping
* wire tapping or bugging
* unauthorized use of personal letters
* eavesdropping
* use of names or pictures for ads without
written permission
* trespassing to obtain pictures or
interviews

30. The nature of privacy violation is
premised upon the mental feeling of an
individual.
It is the dignity of the individual that is at
stake not the perception of the public per
se.

31. Chapter 4 Section 37 of the 1999 constitution
guarantees the right to privacy as it dwells on the
right to private and family life.
Chapter 4 Section 37 : the right to private and
family life
“the privacy of citizens, their
homes, correspondence, telephone conversations
and telegraphic communication, including letters or
other correspondence, is hereby guaranteed and
protected”.

32. People‟s privacy may be intruded upon by
government or its agents, or the media.
The media can be sued for invasion of privacy in
terms of : portrayal in false
light, appropriation, intrusion and
embarrassment.
Possible defenses are based on:
consent, newsworthiness or public figure in
public places.
Partial defense: oral or implied consent.

33. chapter 4 section 39, sub-section (2)
provides the foundation for ownership
and operation of media in Nigeria.
it states inter alia:
“

34. Regulatory Provisions for Newspaper
Ownership
The Newspaper Act 1917 as amended by
the Newspapers (Amendment Act) of 1964
are the two main federal regulatory
legislation for establishing and owning
newspaper in Nigeria.
Even though some states also have their
own regulatory legislation, they are by and
large similar to the federal legislation

35. Section 39 (2) of the 1999
constitution provides the
basis for ownership and
operation of mass media
in Nigeria.

36. Section 39 (2) of the 1999 constitution states that:
“… every person shall be entitled to own, establish
and operate any medium for the dissemination of
information, ideas and opinions: provided that no
person, other than the government of the
Federation or of a State or any other person or body
authorized by the President on the fulfillment of
conditions laid down by an Act of the National
Assembly, shall own, establish or operate a
television or wireless broadcasting station for any
purpose whatsoever.”

37. The right to ownership of media is only
subject to the regulatory requirements
for establishing a newspaper provided
under some Federal and State legislation.
To establish a radio or television station
however requires a permit or special
licence.

38. why is special licensing required for
broadcasting?
1. The broadcast spectrum belongs to
all Nigerians and to operate a station one
requires to be allocated frequencies and
this is best done by a central authority so
as to maintain some order.

39. why is special licensing required for
broadcasting?
2. Governments the world over earns
revenue from the allocation of
frequencies and these are used for
providing other social services

40. why is special licensing required for
broadcasting?
3. Government regulates public
broadcasting to ensure it is used
responsibly in the interest of the people.
4. Government regulates broadcasting to
ensure that the media conform to the
fundamental objectives of the state, since
broadcasting is perceived as a powerful tool
of mass mobilization.

41. Regulatory Provisions for Newspaper
Ownership
The Newspaper Act, 1917 as amended in
1964 provides the main Federal regulatory
legislation for Newspaper in Nigeria.
In addition, a few states have their own
regulatory legislation largely identical with
the Federal legislation.

42. Regulatory Provisions for Newspaper
Ownership
A newspaper is defined by the Act as:
“any paper containing public
news, intelligence or occurrences or
remarks, observations or comments
thereon printed for sale and published
in Nigeria periodically or in parts or
numbers.”

43. Regulatory Provisions for Newspaper
Ownership
The provisions of the Act initially applied
to government-owned newspapers, but
later applicable to editors of all
newspapers, as amended 1964.

44. Regulatory Provisions for Newspaper
Ownership
1. Registration of affidavit and bonds
2. Delivery of signed copies
3. Establishment of an office
4. Appointment of an Editor

45. Regulation of Printing Press
Printing Presses Registration
Act, 1933
The Act requires any person in
possession of a printing press for the
printing of books or papers (as defined
in section 2 of the Act) to make a
declaration before a magistrate stating
the true and precise description of the
place where such press is situate.

46. Regulation of Printing Press
Printing Presses Registration
Act, 1933
The Act prescribes a fine of one hundred
Naira or an imprisonment for a term of
six months or both, for failure to make
such declaration or knowingly making
false statements in the declaration.

47. Regulation of Printing Press
Printing Presses Registration Act, 1933
Section 4 (1) of the Act requires that
anything printed (books, papers, etc.) must
bear the name and address of the printer,
the publisher and the place of publication in
legible characters in English. Failure to
comply carries a fine of one hundred Naira
or six months imprisonment or both.

48. Legal Requirements for Establishing a
Radio/Television Station in Nigeria
The main regulatory legislation presently resides
in the Nigeria Broadcasting Commission (NBC)
Act ( formerly, decree 38, 1992) which provides
for private involvement in broadcasting which
hitherto had been reserved for government.
It also provides for the establishment of the NBC
and empowers it (the NBC) to issue, renew and
revoke broadcast licences in Nigeria.