By Abidemi Adebamiwa
The relationship between law and journalism is essential in shaping democracies worldwide, but it’s often a rocky one. In Nigeria, the press plays a critical role in informing citizens and holding leaders accountable. However, the challenges journalists face are immense—censorship, restrictive laws, and threats to reporters make it difficult for journalism to thrive. Despite constitutional guarantees for free expression, Nigeria’s media environment remains fraught with risks and obstacles. By looking at the experiences of countries like the United States and the United Kingdom, Nigeria can learn effective ways to protect its journalists and build a stronger democracy.
Nigeria’s ties to the United States and the United Kingdom make these comparisons particularly relevant. Nigeria’s adoption of a presidential system of government mirrors that of the United States, emphasizing the separation of powers and the role of checks and balances, including those provided by a free press. Meanwhile, Nigeria’s colonial past with the United Kingdom left a legacy of common law principles and a judiciary influenced by British traditions. These shared foundations underscore the importance of examining how these two nations approach press freedom within their distinct legal and cultural contexts. Understanding these ties highlights why insights from these countries are valuable for Nigeria’s journey toward strengthening press freedoms.
Global rankings show how press freedom reflects a nation’s peace and stability. According to the Global Peace Index (GPI) 2024, the United Kingdom ranks 34th, the United States 132nd, and Nigeria 147th out of 163 countries. These rankings highlight stark differences in societal conditions and the treatment of journalists. The UK’s high-ranking stems from its safety and the balance it strikes between press freedom and accountability. In contrast, the US’s score reflects political instability and increased violence, despite strong constitutional protections. Nigeria’s low-ranking points to its struggles with violence, restrictive laws, and a hostile environment for the press, making it one of the hardest places for journalists to work.
The GPI also highlights how press freedom contributes to societal stability. Countries with strong protections for the media tend to have less violence and more trust between citizens and governments. In Nigeria, restrictive laws and attacks on journalists weaken public confidence in governance and the rule of law. When the press is under constant threat, it becomes harder for citizens to access reliable information or hold their leaders accountable. To build trust and ensure journalists can do their jobs effectively, Nigeria must address these systemic challenges head-on. A free and safe press is not just beneficial to journalists; it strengthens democracy and public trust.
In the United States, the First Amendment guarantees freedom of the press, giving journalists the right to investigate and report without fear of retaliation. This legal foundation empowers the media to expose corruption and hold power to account. Landmark court rulings, like New York Times Co. v. Sullivan (1964), reinforce these protections by making it difficult for public officials to win defamation lawsuits unless they can prove “actual malice.” This ensures that journalists can report boldly on matters of public interest without undue fear of legal consequences. These protections are a cornerstone of the US’s framework for accountability and transparency in governance.
However, even in the US, free speech has its limits, particularly when it comes to public safety. The Supreme Court’s decision in Brandenburg v. Ohio (1969) ruled that speech inciting “imminent lawless action” is not protected. This decision reflects the careful balance between protecting freedom of expression and ensuring public safety. Nadine Strossen, a First Amendment expert, argues that the best way to combat harmful or hate speech is through “more speech, not enforced silence.” She emphasizes that open dialogue and education are more effective than suppressive laws, encouraging societies to tackle hate speech through counter-speech and constructive conversations. Nigeria could learn from this approach by encouraging public discourse rather than introducing laws that risk misuse, like the Social Media Bill.
Nigeria’s challenges were especially visible during the #EndSARS protests in 2020, which highlighted police brutality and systemic abuses. Journalists covering the protests faced significant threats, including violence, arrests, and even death. According to the Committee to Protect Journalists (CPJ), at least 12 journalists and five media outlets were attacked during the demonstrations. For example, Yakubu Mohammed, a reporter for Premium Times, described being beaten by police in Abuja: “He hit me with a gun butt.” Tragically, Pelumi Onifade, a young journalist covering the protests, was arrested and later found dead in a mortuary, showing just how dangerous reporting in Nigeria can be.
These incidents underscore the hostile environment for journalists in Nigeria, despite constitutional protections for free expression and the press. The Nigerian Constitution of 1999 guarantees freedom of the press, but other laws often undermine these rights. For instance, the Cybercrime Act of 2015 has vague provisions that have been used to silence journalists under the pretext of combating online crimes. Similarly, the Anti-Terrorism Act has been used to target dissenting voices, creating a culture of fear among media practitioners. Criminal defamation laws further discourage journalists from reporting on sensitive topics, fostering self-censorship and weakening the media’s role as a watchdog.
Nigeria’s judiciary plays a critical role in protecting press freedom, but it faces serious challenges that limit its effectiveness. Corruption, political interference, and delays in court proceedings undermine the judiciary’s ability to safeguard journalists’ rights. Ameze Guobadia, a Nigerian legal scholar, highlights that transparent and fair judicial appointments are essential for ensuring an independent judiciary. Without a strong and impartial judiciary, legal protections for the press remain ineffective, leaving journalists vulnerable to attacks and prosecution. Strengthening the judiciary is therefore key to creating an environment where press freedom can thrive.
Comparing Nigeria with the US and UK provides valuable lessons for strengthening press freedom. In the UK, the Defamation Act of 2013 strikes a balance between free speech and protecting individuals from harmful falsehoods. While journalists face challenges such as stringent libel laws, the UK press benefits from a mix of self-regulation and legal protections. In the US, constitutional safeguards allow the press to operate independently, even in politically charged environments. Nigeria can draw from both models by adopting reforms that respect free expression while addressing harmful practices like defamation and hate speech.
For Nigeria to move forward, it must focus on reforms that strengthen press freedom and protect journalists. Repealing laws like criminal defamation and limiting the misuse of the Cybercrime Act would create a safer environment for journalists to operate without fear. At the same time, fostering public discourse and education, as suggested by Nadine Strossen, can counter harmful speech without stifling free expression. Collaborating with international press organizations could provide Nigerian journalists with the training and resources needed to navigate these challenges. By prioritizing press freedom, Nigeria can build a stronger democracy where the media acts as a vital check on power.
The media plays an essential role in democracy by exposing corruption, holding leaders accountable, and giving citizens a voice. In Nigeria, this role is especially crucial, given the country’s governance challenges and societal issues. However, without strong legal protections and a culture that values free expression, the press cannot fulfill its mission. Nigeria must act decisively to strengthen its legal frameworks, protect its journalists, and embrace a future where journalism thrives as a cornerstone of democracy. A free press is not just a media issue—it’s a democracy issue, and Nigeria’s progress depends on it.
Abidemi Adebamiwa, with advanced degrees in law and public policy from Northwestern University, is a former Global Peace Index Ambassador.
