PRESS FREEDOM UNDER THE FREEDOM OF INFORMATION ACT

                                                                                           By: Henrietta Nyong

The enactment of freedom of information Act 2011 brought diverse reactions. Some were impassioned and others, impassive. Those that were passionate about the Act were journalists and all other seekers of information while others had no idea what it was all about.

This is because the Act seeks to embrace the generality of the people especially those that need information to sustain their professions as the Act “makes public records and information more freely available. It also “protects public records and information to the extent consistent with the public interest and the protection of personal privacy”. The Act will also “protect serving public officers from adverse consequences of disclosing certain kind of official information without authorization and establish procedures for the achievement of those purposes and for related matters”.

Stakeholders in the media industry and rights advocacy groups had applauded the Act which they consider a major breakthrough for the rights to press freedom of expression. Viewed against past obnoxious laws such as newspaper ordinances of 1903 and 1917, as well as Decree 4 of 1985 which actually claimed the scalp of two prominent journalists; Nduka Irabor and Tunde Thompson, FOI Act is a blessing.

Going down history lane of press freedom in Nigeria, it should be noted that the concept has remained controversial both in theory and practice. In respective constitutions of the nation, the press had failed to win a special place, as agents of successive governments had argued against press freedom on the basis that, the rights of expression as a basic right, covers every Nigerian including those in the press. Of course, this had made the press to be treated with levity even though it discharges its responsibilities effectively. Apart from restoring the confidence of media practitioners in government and its various agents, the Freedom of Information Act has the potential of aiding media practice and enhancing citizens’ access to public information.

I recall the cauldron of anger and criticism that welcomed the aborted Abike Dabiri-Erewa led Nigerian Press and Practice of Journalism Council (NPPJC) Bill which had sought to checkmate the so called “irresponsibility and excesses of media practitioners”. It is no wonder then that the bill failed to sail through as it also failed to effectively balance the interests of the ruling class and media practitioners by not safeguarding the twin doctrines of press freedom and freedom of expression, in a society where corruption is endemic and abuse of office, a norm among public officers.

Enactment Freedom of Information (FOI) Act is highly commendable as it will complement the better parts of laws pertaining to press freedom, and invariably gives access to those types of official information that were hitherto hidden  from public view.

The freedom of Information (FOI) Act should not only be seen as a law but actually, be enforced to ensure a steady flow of information that will guarantee press freedom and unimpeded access to information for the press as a watchdog of the society.