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A Bill to enhance the practice of
journalism
Sponsor:
Hon Abike Dabiri; Co-sponsors: Hon. Faroukadamualiyu
Hon. Abdul Fatal Buhari Hon. Sauhu Tune Hon. Adda'u Isa Rano, Hon. Oyedokun D.
Hon. Bala Ibn Na ' Allah Hon. Sarumi T. Hon. Saidu Isah Ndaman, Hon. Hamzat Q.
Hon. Emeka Ihemediaoha, Hon. Solomon G. Hon. Uche Maduako, Hon. Hajiha F. A,
Hon. Dipo Oyedokun, Hon. Oroh Abdul Shaibu, Hon. Osita Osina.
Be
it enacted by the National Assembly of the Federal Republic of Nigeria and by
authority of same as follows-
Part
I: Freedom of journalists to practise their profession
(1)
Every journalist, the Press, and the Media shall have the right to freedom of
expression to ho1d opinions, and to solicit, receive, and impart ideas and
information without interference or hindrance.
(2)
No journalist shall be arbitrarily arrested, detained, prosecuted or punished
for his published views and opinions, and no media establishment shall be
arbitrarily closed down and seated up for publishing an opinion or
information, except in accordance with the provisions of this Bill, or in accordance
with a law duly enacted by the National Assembly, or in the due process
application of the procedure relating to a breach of an existing Criminal Law
under Nigerian law.
Part II
Qualification to practise as a journalist
2.
A person shall not practise as a journalist in Nigeria unless he is a
registered member of the Nigerian Union of Journalists; and he is (a) is
employed as an editorial staff (that is, Reporter, Editor, Sub-Editor, Features
Writer, Writer, Proof Reader, Photo Journalist, T.V. Eng.
Cameraman,
Cartoonist, Information Officer in State or Federal Ministries of information,
or Local Government Information Officer, or Newscaster attached to News and
Current Affairs Department in a media establishment recognized by law;
(b) possesses either a Higher National Diploma (HND) or a, Degree or their
equivalent in Journalism or Mass Communication obtained from recognized
institutions.
(c)-he has qualifications in other disciplines from a recognized institution
and
has passed the prescribed professional examination of the Nigeria Union of
Journalists; or
(d)
he has practised journalism in recognised media estabishments for not less
than 10 years.
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(1) The Nigeria Union of Journalists in conjunction with the Newspaper
Proprietors Association of Nigeria (NPAN), the Broadcasting Organisation of
Nigeria (BON) and the Nigerian Guild of Editors (NGE)' shall establish a
National Examination and Accreditation Board to conduct examinations for newly
qualified journalists or Mass Communications graduates in Nigeria.
(2)
The Nigerian Institute of Journalism (NIJ) shall establish and organise a
one-year refresher programme for the training of graduates of journalism.
(3)
The Nigeria Union of Journalists shall establish a Journalists Registration Board
which shall inter alia issue certificate of practice to every registered
journalist in Nigeria.
PART
III-APPOINTMENT AS EDITOR
A
person shall be qualified for appointment as Editor in a newspaper or media
establishment if-
(a) he is a registered member of the Nigerian Union of Journalists; and (b) he
has for a period of not less than ten/years worked as a journalist in a
reputable media establishment, or electronic or news medium or a News Agency.
Any media establishment that appoints any journalist. without the appropriate
qualifications as editor shall be guilty of an offence of unprofessional
conduct, and the matter shall be referred by the Nigeria Union of Journalists
to the Nigerian Press Council for appropriate action.
PART
IV -CONDITIONS OF SERVICE
In
order to ensure the independence, objectivity, impartiality and
transparency
of journalists, they shall be placed on salaries. allowances, pensions and
general conditions of service at least not less than 20 percent above those
paid to staff in Federal and State Government parastatals and private
companies, as the case may be. The media establishments that cover at least
two-thirds of the country, shall pay their workers not less than 20 percent
above the rates of salary, pensions, allowances, etc. which obtain at the
Federal Level, while the media establishments that operate at the State or
Local Government level, shall pay their workers not less than 20 percent above
the rates, pensions and allowances, etc. which operate at the State level.
Allowances may however differ to accommodate peculiar needs. The Conditions of
Service of Journalists including salaries, allowances, leave, general and
retirement benefits, etc. shall be negotiated collectively and as necessary
between the Nigeria Union of Journalists (NUJ), the Newspaper Proprietors
Association of Nigeria (NPAN), and the Broadcasting Organization of Nigeria
(BON). Every registered journalist shall be given an Insurance certificate
taken out on his behalf by the employer with a reputable Insurance Company. The
agreed Conditions of Service shall be published in the Federal Gazette, and
made available to every journalist and media establishment. 11. The failure of
any media organization to pay the applicable salaries, allowances and conditions
of service, constitutes an improper conduct under this Bill and shall be
reported by the Nigeria Union of Journalists to the Nigerian Press Council for
appropriate action.
PART
V: OWNERSHIP OF MEDIA
12.
Every Nigerian citizen shall be entitled to own, establish and operate any
medium for the dissemination of information, ideas, and opinions.
13.
Every Nigerian citizen or corporate body authorized by the President,
Commander-in-Chief of the Armed Forces, on the fulfilment of such conditions
as had been laid down by the National Assembly, shall have the right to own,
establish or operate a television or wireless broadcasting station for
educating, entertaining, and informing the citizenry.
14.
The right of the Government of the Federation or of a State to own, establish
or operate a television or wireless broadcasting station shall be exercised in
the interests of the generality of the peoples of the Federation or of the
State, as the case may be.
15.
The journalists in any media establishment shall have the right to acquire a
maximum of 25% of the share capital of the company.
16.-(1)
No person shall establish, own, or operate a newspaper or media business in
Nigeria without making and maintaining a deposit equivalent to one year's
salary of the employees in a reputable bank, as guarantee to meet the salaries
and allowances of the staff in the event of a close-down or liquidation of the
establishment.
(2)
The application of the deposit referred to in this Section shall be subject to
due compliance with the processes for liquidation and winding-up of a company
as provided for in the Company and Allied Matters Act and other ~ relevant
laws.
17.
The signatories to the account relating to the deposit referred to in Section
16 of this Bill shall be the current presidents respectively of the Nigeria
Union of Journalists (NUJ); Newspaper Proprietors Association of Nigeria
(NPAN); and/or Broadcasting Organization of Nigeria (BON); and the federal
Minister of Information.
PART
VI:RESPONSIBILITY OF THE JOURNAliSTS AND THE MEDIA
18.
All journalists in Nigeria shall at all times uphold-
(a) the fundamental objectives and fundamental rights contained in the
Constitution of the Federal Republic of Nigeria;
(b)
the responsibility and accountability of all levels of Government to the
peoples of Nigeria.
19.
A journalist shall at all times be fair, accurate, unbiased, and factual, in
the assessment and presentation of information and reports in the news media.
20.
Every journalist has the duty to ascertain the accuracy and authenticity of
reports and stories made available to him before publishing them in any form
whatsoever. Where such information has been inadvertently published an
appropriate correction shall be made without delay.
21.
The mass media, under the general auspices of the Nigeria Union of
Journalist/Media Proprietors shall, from time to time, but not more than once
every year, gather on the spot information on the activities and performance of
the various governments in the discharge of their mandates and publish an
objective report of their findings in the Nigerian news media.
22.
Any journalist or media house which deliberately or recklessly publishes
inaccurate and or misleading information shall be guilty of professional
misconduct, and the matter shall be referred to the Commission for
investigation and disciplinary action.
23.
All Journalists shall respect the privacy of individuals and their families,
unless the public interest is affected.
24.
Publishing Information on the privacy of individuals and their families shall
be justified in the public interest only if the purpose of the publication is
{a)
to expose crime or serious misdemeanor; (b) expose anti-social conduct;
(c) to protect public health, morality, and safety; and .
(d)
to protect the public from being misled by some statement or action of the
individual concerned.
25-(1)
A journalist shall neither solicit nor accept inducement to publish or
suppress information or a story .
(2) Any person who contravenes this section commits an offence, and is liable
on conviction, to imprisonment for one year or a fine not exceeding ~ Nl00,000
or both
26.
Every journalist has the duty to be conscious at all times of the need for the
unity, harmony, indivisibility and indissolubility of the Federal Republic of
Nigeria as enshrined in the Constitution of the Federation, and to do
everything possible to contribute thereto,
27.
A journalist shall not present or report acts of violence, religious or
inter-ethnic or tribal conflicts, armed robberies, terrorist activities,
national controversies, such as inter-governmental and or parliamentary
conflicts, natural disasters, vulgar display of wealth, or other negative
trends and tendencies in the society or polity, in a sensational way, or in a
manner that glorifies such in the eyes of the public, or foreign observers.
28. A journalist shall not identify, either by name or picture, or interview
children under the age of 16 years, who are involved in cases concerning sexual
offences, crimes and rituals or witchcraft either as victims, or witnesses or
defendants, except for purposes of rehabilitation,
29.
Journalists shall report matters of national security with discretion and all
sense of responsibility,
30. Any person or publisher that acts in breach of the provisions of Sections
18 26, 27 and 28 of this Bill shall be guilty of professional misconduct, and
the matter shall be referred to the Nigerian Press Council by the Nigerian
Union of Journalists, or any of its members or any affected person, for
appropriate disciplinary action, which may include suspension and or withdrawal
of the registration of the journalist from the Nigerian Union of Journalists,
and the Nigerian Press Council.
PART
VII: DISCIPLINARY PROCESS
31.
There shall be established in every State of the Federation and the Federal
Capital Territory, a Media Practitioners Complaints Commission (MPCC) to handle
complaints of professional and or ethical misconduct of journalists in the
respective states,
32.
The Commission shall be composed of 5 members who shall be appointed two each
by the National Executive Committee of the Nigeria Union of Journalists, and
the Guild of Editors, and one by the Newspaper Proprietors Association of
Nigeria.
33.
The Commission shall have the power to-
(i) inquire and procure all such evidence (written or oral) and examine all
such persons as witnesses as it may deem fit;
(il) summon any such person(s) for the hearing of the complaint to produce any
document or other things in relation to the complaint;
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11l) consider and deal with any matter referred to it in the absence of any
party who has been duly summoned before it;
(iv) decide on the validity or otherwise of the complaint and on the
appropriate punishment to be given to the offender where the complaint is
proved to be valid.
PART
VIII: PROCEDURE
34,.
Where a complaint has been made against a particular journalist, he shall be
notified by the Commission of such a complaint in writing and given at least 21
(twenty-one) days notice within which he shall prepare his defence and appear
before the Commission.
35.
The Commission shall complete its deliberations on any complaint submitted to
it within 60 days from the date of its first sitting on the case.
36.
Anyone who has any relationship with the complainant or the alleged offender
shall not sit in the hearing of the complaint by the Commission.
PART IX: PENALTY
37.
Where a journalist is found liable by the Commission for professional and or
ethical misconduct, it shall have power to reprimand, or suspend him for a
period not exceeding twelve (12) months or impose any other appropriate
punishment. The decision of the Commission in this regard shall be communicated
to the journalist within seven working days.
38.
The affected journalist shall, however, have the right to appeal to the Nigeria
Union of Journalists within fourteen (14) days of the finding of the State
Commission.
39.
A further appeal may be made by the complainant from the decision of the
Nigeria Union of Journalists to the Nigerian Press Council, whose decision on
the matter shall be final.
40.
The Nigeria Union of Journalists shall keep a black book in which it shall
publish the names of members found guilty of professional misconduct.
41.
If after the hearing the Commission adjudges that the charge of professional
misconduct has not been proved, the Commission-
(a) shall record its findings that the respondent is not guilty of such conduct
in respect of which the complaint relates;
(b)
may order any party including the complainant to pay the costs of the
proceedings.
PART
X: MISCELLANEOUS
42.
The offices of the Minister of Information, State Commissioner of Information,
Chief Press Secretary to the President, Vice-President, President of the
Senate, Speaker of the House of Representatives, Ministers, Governors,
Commissioners, as the case may be, shall be reserved for registered and
practising Journalists.
43.
At least twenty-five percent of Board appointments in media establishments at
all levels shall be reserved for registered and practising journalists.
44.
At least ten per cent of the income from radio and television licenses shall be
given to media organizations.
45.
Major hotels in the cities, especially those with "two star rating and
above" shall make arrangements with at least two media houses to
distribute their newspapers daily to their customers.
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( 1) Only registered/licensed print and electronic media houses shall be
allowed to operate in the country.
(2) Any breach of the provisions of this section shall constitute an offence
punishable on conviction by a fine of not less than N500,000 or one year
imprisonment for the owner, and principal officers of the media houses
concerned.
PART
XI: INTERPRETaTION
47.
In this Bill, unless the context otherwise requires-
"Commission"
means the Media Practitioners COmplaints Commission (MPCC) established by this
Bill;
",Council"
means the Nigerian Press Council; "Journalist" means any person (not
being less than 18 years of age) engaged in the collection, processing and
dissemination of information for use in the Press and who has been so
registered by the Nigerian Union of Journalists;
"Minisrer"
means the Minister charged with responsibility for information and"
Ministry " shall be construed accordingly;
"Newspaper"
includes a magazine, journal and any paper containing public news, intelligence
or occurrences or any remarks, observations or comments printed therein either
for sale or for in-house purposes and published periodically or in parts of
numbers;
"News
Agencies" means any agency engaged in the collection and dissemination of
news, pictures and features;
"Press"
includes radio, television, wire services, newspaper, magazine and such other
channels of communication involved in the collection and dissemination of
information.
"Radio
and Television" includes electronic means of mass communication which
share in the formation of public opinion;
"Secretary"
means the Secretary of the Commission appointed under Section 3 of the
Schedule of this Act;
"Editor"
includes a person who is in-charge of the journalists in a mass circulation
newspaper, magazine, journal, an electronic news medium or news agency who is
responsible for making decisions about the contents;
"News
agent" includes a person who sells newspaper, whether for himself or on
behalf of another in a shop, stall, or other structure whether moveable or
immoveable;
"Owner"
"printer" or "publisher" or "proprietor' means the
body corporate which owns prints or publishes a newspaper or broadcasts through
radio and television or operates electronic journalism, documented under this
Act;
"Reputable
Medium" means an organization that complies with the provisions of this
Bill and remains in operation consecutively for 5 years; "Reports"
shall include news, features, analysis, editorial comments, cartoons, other
than opinions;
"General
Conditions of Service" includes salaries, pensions, gratuities, adequate
office accommodation, provision of modem communication equipment, prompt
payment of transport claims, peculiarity allowance, provision of adequate
medical facilities' etc.; "Recognized Institution" means government
approved training institutions of mass communication and journalism and other
professional institutions recognized by the NUJ;
"Anti-social
conduct" is any act which is not defined as a crime under any written law
but which can be perceived as capable of lowering standards of public
morality;
"Professional
Examination" as contained in this Bill shall be a prescribed Board of
Studies set up by the Nigeria Union of Journalists for that purpose;
"Public Information" shall be any information, data document relating
to the conduct of government business at all levels and business transactions
of public companies;
"Unhindered
Access" as contained in the Bill shall mean full liberty to the government
and public information;
-"Community
Newspaper" shall mean a news publication whose circulation is limited to
a village, town or city.
48.
This Act may be cited as the Journalism Practice Enhancement Bill, 2004.
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