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THE MASS
MEDIA THE LAW AND NATIONAL SECURITY ISSUE
CHAPTER ONE
INTRODUCTION
1.1
Background of the Study
The mass media, by their
pre-eminent position in national life, affect other sectors in national
development. They are also affected and influenced in their functions by the
operations of other sectors. It is against the backdrop of this feeling that
one view the mass media and law as complementary sectors that infringe on each
other in the facilitation of the operations of other sectors of the policy. The
operation of law affects and influences the way the mass media function. In the
same vein, the operations of the mass media equally affect and influence the
operation of law in certain fundamental ways.
The concern of this is the paper is
the issue of national security a very fundamental issue in national discourse.
The question is, how do the mass media function towards enhancing national
security? It is the assumption a priori that both sectors function towards
enhancing national security. But in carrying out their respective functions,
they encroach into each other’s domain and cause hiccups or dislocation to the
system of the other. This paper, therefore, intends to examine this
encroachment as well as the resultant dislocations, for the purpose of better
understanding of how both sectors functions. It may also be necessary to proffer
solutions to the problem of interference, with the aim of ensuring better
functioning in order establish what is meant by the mass media, how they
function as well as what the law is and how it affects the functions of the
mass media.
The Mass Media
Several scholars have variously
described the mass media as gadgets used to effect mass communication for
example, Defleur and Dennis (1981) define the mass media as “devices for moving
messages across distance or time to accomplish mass communication.” The issue
of application of the term “mass media” to technical devices is crucial to the
understanding of the concept. Infact, the general acknowledgement of this
conceptual fact of the mass media has resulted in the terse submission of Uyo (1987)
that the mass media, being gadgets used to effect mass communication cannot be
practiced. According to him, it amounts
to sheer “Verbicide” to refer to anyone as a “media practitioner”, because one
cannot practice gadgets. He likens the pejorative use of this term to such
unthinkable expressions as a “teacher practicing blackboard” or “a doctor
practicing stethoscope thus, those involved in the operations of the mass media
are gatekeepers who are responsible for the purveyance of information in the mass
communication process. They are, therefore part of the mass media.
The Law
The law has been conceived in
several ways, depending on each scholar’s perspective. Aigbovo (2000), list
some of these definitions as follow: Carl Liewellyn: what officials do about
disputes. John Austine: A command from a political superior to a political
inferior backed up with sanctions for its violations. Oliver Wendel Holmes. The
prophecies of what the courts will do. Sir Edward Coke: perfection of
reasoning. Hans Kelsen: The primary norm which stipulates the sanctions. These
definitions somewhat show the practical aspects of law in the sense that they
focus on the operation of law. This has culminated in the emergence of various
schools of through representing the different groups of scholars who view law
from the same perspective.
Thus, we have positive law school,
natural law school and utilitarian law school. However, whether any particular
definition falls within a particular school does not fall within the purview of
the paper. The concern is how law operates within the confines of a civilized
environment. Generally, the common definition of law which encompasses the
various definitions so enumerated is that it is a body of rules enacted to guide
human conduct in any particular society.
By this definition, the various
bye-laws in the states, the various codes guiding, professional practices of
professional bodies including the National Broadcasting code and even the mass
communication policy are all parts of the law, because they are all made to
regulate conduct at different levels. But a close look at the various
definition by scholars as stated above would reveal a kind of conformity with
how the law has operated in Nigeria at various times. For example, the law
under military regimes conforms to John Austin’s definition. It has been stated
that the concern of this paper is how the operation of the mass media and the
law encroach into each other’s domain as well as the implication of such
encroachment to national security. It was also stated that national security is
a fundamental issue in national discourse. National security therefore, is the
erroneous equation of national security with territorial security. Nigeria
today can boast of territorial security in the sense that it is fully protected
against it neighbors who cannot dream of attacking Nigeria on their own. Such
as move would be suicidal. But the country cannot place its national security
on the same pedestal as its territorial security.
Ekoko (2004) has classified the
definitions of national security into two broad groups.” The first is the
military/strategic concept of security and the second (is), non-strategic
socio-economic” Quoting the Encyclopaedia of the social science, he eventually
defines security as “ The ability of a national to protect its internal values
from external threat” (13).
It is in the light of this
definition that AI-Mashat (1985) in Ekoko (2000) submits that national security
transcends territorial defence and should focus on the physical, social and
psychological quality of life of society and its members, both in the domestic
setting and within the larger regional and global setting. From the foregoing,
it is clear that the main index of national security is the maintenance of
values within territorial boundaries. This is more meaningful in view of the
current emphasis one nation to attack another just to satisfy expansionist
tendency.
Thus, today national security
functions to safeguard the internal working systems of a nation. This does not
mean disregard for military security. National security may involve and include
the strategies. But that has to do more external aggression. We are more
concerned here with socio-economic indices as more relevant to our existence.
The pertinent question then is: what are those values which should be protected
to ensure national security? Values are in close affinity with norms, since
values dictate by rules which determine human conduct. In the quest to control
human conduct within the bounds of civilization, nations have made
constitutions.
A constitution therefore is the
grundnorm of a country, because it is the supreme law. And any law enacted
which is inconsistent with any provision of the constitution becomes null and
void to the extent of its inconsistency. But the constitution may not fully
cover every aspect of life. Hence, there are other sources of laws made to
guide citizens.
The Mass
Media, the Law and National Security: The Nigerian Perspective
Other sources of law in Nigeria
include legislations, customary law, received English law, judicial precedents
and soon, from time to time, policies are enacted and various bodies
established to continuously remind us to fall into line in the
1. Surveillance
2. Correlation of facts of the environment
3. Transmission of heritage and
4. Entertainment. The surveillance function
involves mass media operates having to nose into the nooks and crannies of the
society to fish out information that is of interest to the people.
In correlation, the media act to
mediate even the taste of the people because they interpret the information so
gathered by shifting and discarding what may not be in the interest of the
people before purveying such information to them. By such interpretation, they
help to create values (for culture) which are then transmitted from generation
to generation. The three functions of the mass media, explained above, if
closely examined would reveal the role of the media fostering national
security. First, by effective surveillance of the environment, the mass media
would unveil those areas, individual or entities that may likely constitute a
breach of national security. Secondly, by correlation, the mass media assist
other agencies to interpret the information so gathered about the environment
and contribute in the utilization of such information to take steps to remedy
any breach of national security or foster the perpetuation of practices that
enhance national security. Thirdly, by transmission of culture, the media
enhance the entrenchment of those norms, the defence of which constitutes
national security.
On the other hand, the law
constitutes to the perpetration of national security by ensuring that values
are respected and protected. This it close by the creation of norms which guide
human conduct. It must seek to punish any breach of values. That may threaten
national security. It must be noted that national security is about people
whose minds need to be geared towards the defence of values that enhance their
collective dignity, that would make them secure from external aggression. The
result of such a situation is development. The sacrosanct areas of law in this
regard, are those that concern the dignity of man which if fully protected,
would enhance peace and progress in a nation.
By this is meant chapter four of
the Nigerian constitution (1999), which is on fundamental rights. The chapter
encapsulates section 33-46. The most relevant of these sections to this paper,
is section 39- the right to freedom of expression, including, freedom to hold
opinions and to receive and impart ideas and information without interference.
The operation of the mass media is provided for by this section. And it is the
performance of their functions that the media collide with the law. It should
be noted that sub-section 3 of the section (39) provide for enanctment that seek
to punish aberrant use of the freedom so given in subsection 1. It has already
been stated that the law exists to regulate conduct. There are thus, laws
guiding the conduct of mass media men in the course of their duties. At times
the regulation of conduct might run counter to the diligent performance of the
stated functions of the media, especially where the operation of law takes the
form of the definition of John Austin. Mass media operators are expected to
operate within the confines of the laws guiding their operations without
prejudice to section 39 of the 1999 constitution. Some of these of laws include
libel (encompassing seditious and blasphemous libel), breach of confidence,
copyright, contempt of court, leaking of official secrets, invasion of privacy
and so on. Protection of values. For example, the first attempt at a concions
and organized social change took place in 1984 during the General Muhammadu
Buhari’s regime, with the establishment of the War Against Indiscipline (WAI).
Various practices which were inimical to civilized conduct were classified as
acts of indiscipline. There was therefore, the establishment of values which
every Nigerian was expected to cherish.
Some of these are queuing, rather than rushing, patriotism, fairness and justice.
The Recovery (MAMSER), with virtually the same focus as WAI. If the values of
WAI and MAMSER can be religiously protected, then there would be a measure of
national security. It must be noted that national security depends on the
country’s leadership. The lesson from Africa indicate that from the greatest
threat to national security emanates from the various countries rulers, who
have constituted themselves into a band of brigands inexorably focused on the
wanton plunder of the continent’s vast natural wealth.
Soyinka
(2007, p.27) rightly notes:
“The theme of power is
one that remains too pertinent to a continent which having freed itself from
colonial tranny still finds itself obliged to contend with a renewed
colonization from within. New leaders have colonized the populace they are
expected to lead. This has resulted in the systematic impoverishment of the
populance by those who seize power through the barrel of the gun or massive
electorial fraud backed by full-scale thuggery”.
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