Journalists
who participated in the IPC safety workshop in Lagos came away wishing
another session comes up in the shortest possible time. Peter Uzohowho participated in the training programme, reports that it was an impactful one
The
recent media workshop and roundtable conference for Nigerian
journalists, organised by the International Press Centre (IPC), under
the auspices of Open Society Foundation, was really, an impactful one.
Journalists
who participated in the training may be wishing another session comes
up in the shortest possible time as it offered them ample opportunity to
acquire and be abreast of new trends in their profession, particularly,
the issue of safety .
The programme held between 29th and 30th
June, 2016 at the International Press Centre, Ogba, Lagos, with the
theme ‘Safety Consciousness, Safety Methodologies and Contemporary
Safety Best Practices in Journalism’, brought together journalists from
the print, electronic and online media, who were lectured and mentored
by legal and media experts on different safety issues which journalists
in Nigeria usually contend with while in the field.
Welcoming
participants for the workshop, Director, International Press Centre,
Lagos, Mr Lanre Arogundade, said the essence of the programme was to
promote safety consciousness of journalists in Nigeria, particularly
those who cover sensitive beats, who may be exposed to danger.
“It
is all about promoting the safety consciousness of journalists in
Nigeria for them to realise that by the fact of the very nature of the
job they do, especially those of us who cover sensitive beats, they
could be exposed to dangers. People might call these occupational
hazards but we don’t think that would be correct because that would give
the impression that it’s normal; you have to get exposed to danger.
“And
this is one thing that we don’t do very well in Nigeria. In other parts
of the world, journalists are constantly brainstorming on how to
protect themselves; protect themselves from physical assault, protect
themselves from kidnapping or killing, but more importantly, protecting
the information that they work with,” he said.
“You
know, a typical journalist gathers information and tries to use the
information, processes this information and then gets it out to the
public. Somebody who is likely to be exposed for corruption or other
crime and knows that a journalist is working on that could actually do
something using the modern technology to access that information and
then prevent the journalist from doing his or her work,” Arogundade
noted.
“So
we’re also looking at that technical aspect of safety of journalists in
terms of how you gather and protect your data, how you gather and
protect your information and how you in fact, ensure the safety of your
equipment to avoid sabotage by any vested interest. At the end of the
day, we want the Nigerian journalist to be the complete journalist. A
journalist has to realise that his or her work is not complete if he
does not have some very fundamental knowledge of safety,” he added.
He
however, presented statistics showing number of journalists who lost
their lives in 2016 while covering assignments at sensitive beats, which
according to him emanated from the website of the Committee to Protect
of Journalists (CPJ).
“In
2016, 15 journalists have been killed so far. Beats covered by the
victims were; corruption 20 per cent, crime 13 per cent, culture 13 per
cent, human rights 13 per cent, politics 47 per cent and war 67 per
cent. Four Nigerian journalists were killed in circumstances related to
Boko Haram,” Arogundade revealed.
He
noted that “corruption is one area where journalists in Nigeria are
repeatedly challenged”, adding that, “this shows that there are some
beats where journalists are more vulnerable to attack.”
Leading
the presentation on the topic ‘Safety of Journalists in Nigeria: The
Challenge of an Enabling Legal Environment’, Managing Partner, City
Chambers, Lagos, Mr Adeyinka Olumide-Fusika, stated that journalists are
empowered by law to discharge their duties without fear. He pointed out
that section 39 of chapter 4 of the Nigerian constitution stipulates
the freedom and power reposed on journalists to disseminate information,
saying that journalists should hold firmly to that.
Olumide-Fusika,
who was competently represented by an activist lawyer, Mr. Tobi
Olagunji, recognised that “there is constant conflict between those who
want to hide something and those who it is their duty to expose things
hidden.” He said “there are generic laws for the protection of every
citizen of Nigeria, including journalists, against physical assault,
molestation or intimidation.” Olumide-Fusika also pointed that qualified
privilege is another provision available for journalists to defend
themselves against suit of defamation. He said by that provision, any
report published by a journalist that is on matter of public interest,
such journalist shall not be liable of any default resulting from such
publication.
“And
chapter 4 of the constitution of the Federal Republic of Nigeria has a
body of protective rights for everybody under the law. The provision
peculiar to journalists in Nigeria is section 39 (1) of the Nigerian
constitution. It says, Every person shall be entitled to freedom of
expression, including freedom to hold opinions and to receive and impart
ideas and information without interference.(2)Without prejudice to the
generality of subsection (1) of this sub-section, every person shall be
entitled to own, establish and operates any medium for the
dissemination of information, ideas and opinions.
“Before
now, particularly during the post- colonial era, the ruling class have
enacted laws which make it impossible for journalists to investigate
certain things such that when it is done the journalists, not even as a
matter of desperation, can be legally tried with what is called most of
the times, the law of sedition,” Olumide-Fusika noted.
Olumide-Fusika
said according to section 50, sub-section 2 of the Nigeria’s Criminal
Code, “It is a crime to publish seditious information, saying that
seditious information or work means works published with seditious
intention. Seditious intention means to publish anything which is
calculated to bring disrepute or incite disaffection to the person in
authority,” he explained.
However,
he drew the attention of the participants and other Nigerian
journalists to what he described as “an unfortunate law couched by the
ruling class hatchet men” which is incompatible with section 39 of the
Nigerian constitution that is often used by people in authority to scare
the press from discharging their lawful duties.
“According
to the re-codified criminal law of Lagos State 2011, any person who
publishes or reproduces any statement, rumour or report which is likely
to cause fear and alarm to the public or to disturb the public peace,
knowing or having reason to believe that such statement, rumour or
report is false is guilty of misdemeanour and liable to imprisonment for
a period of two years. It is not a defence to a charge under section
(1) of this section that you did not know or did not have any reason to
believe that the statement, rumour or report was false unless prior to
the time of production or reproduction of the material you took
appropriate measure to verify such statement, rumour or report.
“This
is an unfortunate law couched by the ruling class hatchet men which is
incompatible with section 39 of the Nigerian constitution. Section 39 of
Nigerian constitution overrules all other provisions in the
constitution. It is used as a standard to test the validity of all laws
in the country. So any law that is in conflict with that section 39 is
automatically regarded as invalid and cannot stand,” Olumide-Fusika
pointed out.
He
also said “Qualified privilege is a potent tool available for the press
to defend themselves against the suit of defamation. This means that
when a journalist’s report is on matter of public interest, he shall not
be liable of any default.”
Concluding
his presentation on an advocacy note, Olumide-Fusika said “My advocacy
include that this kind of law should not be included in our statutes
books. Physical protection of journalists should be guaranteed in order
for them to discharge their lawful duties safely and without harm of any
form. Employers should ensure that enough facilities are provided for
the security of their journalists while on assignment.”
Contributing,
Lead Partner, Mohammed Fawehinmi and Co, Mr. Mohammed Fawehinmi
aligning himself to the cause of journalists called on the Nigerian
Union of Journalists to rise and institute a legal action demanding
immediate investigation of all journalists killed in the country while
on assignment.
“I
want the NUJ and every other body of journalists to institute an action
that every single journalist that has been killed in this country
should be investigated thoroughly and know what led to the killings and
the punishment of the culprits as well as adequate compensation for the
deceased’s family,” Fawehinmi said.
The
son of the late legal luminary Chief Gani Fawehinmi, also charged
journalists to always defend each other against attacks, adding that
they should always use their pen to condemn any action or law that is
intended to muzzle them.
Adding
his thought to the discourse, Director, International Press Centre,
Arogundade advised journalists to be responsible to one another. While
calling for the spirit of comradeship among journalists, he challenged
the NUJ to be more alive to its responsibility to its members.
“A
journalist owes a duty to other journalists regardless of whether they
are your competitors, whether one is above the other or whatever
category one might be. You must hold yourselves as a body not just under
NUJ or any other umbrella body, but must be responsible to yourselves,”
Arogundade said.
“I
think for the Nigerian Union of Journalists, it is for every attack on
journalists they must speak out much more loudly. It’s not as if they
were not speaking out loudly, but also here to take legal action against
attack on journalists. As we know that sometimes our employers are so
reluctant, ordinarily it should be a primary duty of our employers to
protect us but, we do know why sometimes they don’t want to do this. But
even if they do it, it does not stop the NUJ as an activist
organisation or pressure group to take matters that concern the safety
of journalists.
“So
if a journalist is attacked by the police, the NUJ should not stop at
issuing a statement, it should seek audience from the Inspector-General
of Police or the Commissioner of Police as the case may be, to demand
for explanation and to demand for compensation. Then if it comes to the
side of the army, the NUJ should issue similar statement to the
authorities and where necessary, the NUJ needs to go to court.
“And
at the meeting, Fawehinmi suggested that a court action should be
instituted to demand explanation for all the killings of journalists
that we’ve had in this country; I’m in support of that and only the NUJ
is well placed to do that. And I’m sure there could be lawyers there
that would be willing to support the NUJ in this process without
necessarily asking for money,” Arogundade noted.
He
further said, “The other thing is that we need greater solidarity among
ourselves as journalists and we need to adopt the principle of ‘an
injury to one is an injury to all’. If a journalist is attacked, we
should not take it as business of the journalist’s organisation or we
begin to raise insinuations against the victim.
“The
first principle should be that of comradeship; that as a journalist’s
right has been violated that all of us will write about it, we’ll
condemn it and allow investigations to complete the rest of the process.
“So
from what we have heard today, I think there are strong reasons why the
NUJ and other professional bodies in the media, including the Guild of
Editors, should now begin to be more decisive when the rights of
journalists are violated especially, in terms of assault, abuse,
harassment, threat and intimidation.” So I urge all journalists to come
together as a body to protect themselves,” he added.
Continuing
the second day, participants were exposed to security issues faced by
journalists who work in unsafe and hostile environments. They were
informed of certain precautionary measures to be adopted at all times
while on assignment or prior to embarking on assignment at dangerous
beats to ensure safety against physical attack.
The
Presenter and Executive Director, International Centre for
Investigative Reporting, Mr. Dayo Aiyetan brought his long years of
experience in investigative journalism to bear as he dissected the
issue. Aknowledging the risky nature of investigative reporting, Aiyetan
advised journalists to make adequate research of the environment they
are going to cover before setting off. He gave the techniques and tips
worthy of adopting when covering such beats as organised crimes,
terrorism, war, riots and civil disorder, natural disaster, fire,
accident, election, amongst others.
Admitting
that life is so precious to be lost for nothing less, he said “no story
is worth dying for”, warning every journalist to proceed with caution.
Later, a practical session on data, information and source protection and management as safety imperatives was held.
West
African Representative, Committee to Protect Journalists (CPJ), Abuja,
and Mr. Peter Nkanga who solely delivered the session, taught
participants how to generate and send encrypted messages, which he said,
was one of the ways journalists can communicate with their editors or
colleagues secretly.
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