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THE CONCEPTS OF FREEDOM OF INFORMATION AND EXPRESSION IN CASES OF INTERNET DEFAMATION IN NIGERIA

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 Format: MS WORD ::   Chapters: 1-5 ::   Pages: 101 ::   Attributes: Questionnaire, Data Analysis,abstract, table of content, references ::   3,381 people found this useful

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CHAPTER ONE

1.0 INTRODUCTION

1.1 BACKGROUND OF STUDY

The right to freedom of information is one of the species of rights and freedoms which is guaranteed and protected under international law. In fact, the root of this freedom or right is traceable to the Universal Declaration of Human Rights (UDHR) 1948 and subsequent other international legal instruments on Human Rights like the International Covenant on Civil and Political Rights (ICCPR) 1966 among others. International legal instruments usually guarantee the right to freedom of information under the broader right to Freedom of Expression (right to seek information, in part and gather information). At the national levels, the right to freedom of information is also guaranteed as a Constitutional right while in some countries; special legislation are enacted guaranteeing and safeguarding the right in an elaborate manner. Nigeria is a country where the right to freedom of information is guaranteed under the Constitution as well as under special legislation which include the recently enacted Freedom of Information Act 2011.

        The freedom of information legislation is a legal document which deals with the right of the general public to access information held by public bodies sometimes referred to as the right to know (Akande, I. F, 2012). Freedom of information legislation represents the foundational right to know the legal process by which requesters (citizens) may ask for government-held information and receive it freely or at a minimal cost, bearing standardized exceptions (Adaka, C. F, 2012). The promoters of the freedom of information legislation argued that this piece of legislation facilitates public knowledge and discussion and can be used to fight against abuses, mismanagement and corruption. Above all, it can contribute to openness and transparency in governance or decision-making process. It is based on this background that this paper examines the relevant laws on the right to freedom of information in Nigeria. The paper is divided into four different parts. The first part contains an introduction to the entire paper while the second part was dedicated to the international legal regime of the right to freedom of information which started at the inception of the United Nations in 1945 and later developments under the UDHR 1948. This was the foundation of the right to freedom of information which is implicitly an up short of the right to freedom of expression- to seek, receive and impart information and ideas. The third part examines the legal regime of the right to freedom of information in Nigeria. This part is also sub-divided into two different sub-parts to wit: pre-2011 and post 2011. Under the pre-2011 period, the right to freedom of information was considered as a Constitutional right guaranteed under Chapter IV of the Constitution. Throughout the period under review, the press/journalists used to assert this right as freedom of expression to seek to receive and impart information guaranteed by the Constitution. This is just the arrangement under international law as noticed above. Under the post-2011 period, a comprehensive legislation on this subject was enacted in Nigeria that is “The Freedom of Information Act 2011 (the Act). The Act contains provisions dealing with the right of the general public to access information held by the government and also the procedure of exercising and enforcing the right.

        On the other hand internet defamation is the publication of defamatory statements made on any internet based media including blogs, forums, websites and even social networking websites. Internet defamation is a negative false statement of material fact published on the internet (Ibid, 2012). With the internet, defamatory statements can be published online to a worldwide audience, making internet defamation potentially disastrous to one’s reputation and business. Frankly speaking, the possible reason for the rise in internet defamation is perhaps owing to the near-infinite information capacity of the internet, and low transaction and market entry costs making it possible for anyone who wishes to publish anything to publish. While statistics on the phenomenon are unavailable, it is apparent that defamation in particular has begun to occur online with alarming frequency. Defamation, in the shape of slanderous and libelous comments, has been around for many decades, the problem has been exacerbated by the advance of the internet as a reporting and social tool. While comments made in newspapers and even on the TV have a limited shelf life, those made on the internet can remain on the websites and even in the cache of search engines for many more years.

1.2 STATEMENT OF PROBLEM

The internet is one of the most importance advancement in level of technology in Nigeria and the rest of the world. The internet has contributed to the easy dissemination of information around the globe. Freedom of information and expression are among the most discussed issues in Nigeria; information sharing is very good but wrong information could have effect on an individual or an organization. In the past decade or so, internet libel has become one of the hot topics in internet law. Courts have dealt with an enormous amount of cases brought by both the suppliers and consumers of the internet services. Although the advent of the World Wide Web has come with many complex legal problems; this paper will only focus on the reconciliation of the concept of freedom of information and expression in cases of internet defamation in Nigeria.

1.3 AIM AND OBJECTIVES OF STUDY

The main aim of the research work is to examine the reconciliation of the concept of freedom of information and expression in cases of internet defamation in Nigeria. Other specific objectives of the study are:

  1. to determine the relationship between freedom of information and expression and internet defamation in Nigeria
  2. to examine challenges of freedom of information and how journalists are being treated by the present government which limited the press as the fourth estate of the realm
  3. to determine the effect of the Nigerian judiciary on internet defamation
  4. to determine the effect of libel and slander on the freedom of information and expression in Nigeria
  5. to proffer solution to the above stated problem

1.4 RESEARCH QUESTIONS

The study came up with research questions so as to ascertain the above stated objectives of study. The research questions for the study are:

  1. What is the relationship between freedom of information and expression and internet defamation in Nigeria?
  2. What are the challenges of freedom of information and how journalists are being treated by the present government which limited the press as the fourth estate of the realm?
  3. What is the effect of the Nigerian judiciary system on internet defamation?
  4. What is the effect of libel and slander on the freedom of information and expression in Nigeria?

1.5 STATEMENT OF RESEARCH HYPOTHESIS

H0: there is no significant relationship between freedom of information and expression and internet defamation in Nigeria

H1: there is significant relationship between freedom of information and expression and internet defamation in Nigeria

1.6 SIGNIFICANCE OF STUDY

The issue of the government/press relationship in Nigeria has raised a lot of interest both to the practitioners and the public, that a study into the phenomenon was long overdue. This study will no doubt be useful to mass media practitioners in Nigeria and will help the public appreciate the onerous role of the press and the Nigerian judiciary in freedom of information and expression and internet defamation in Nigeria so as to enable them rise in defense of the press whenever it is threatened by excessive political power. It is expected that at the end of this study, the work will update knowledge within the frame work of the study. Particularly, it will assist people on the benefit of freedom of information to the press and society at large. This study will draw the attention of the government to empower the press to carry out its duties.

1.7 SCOPE OF STUDY

The study on the reconciliation of the concept of freedom of information and expression in cases of internet defamation in Nigeria will cover the activities of the Nigeria press from 2010-2017.

1.8 LIMITATION OF STUDY

Financial constraint- Insufficient fund tends to impede the efficiency of the researcher in sourcing for the relevant materials, literature or information and in the process of data collection (internet, questionnaire and interview).

Time constraint- The researcher will simultaneously engage in this study with other academic work. This consequently will cut down on the time devoted for the research work

1.9 DEFINITION OF TERMS

Press: It refers to the fourth estate of the realm vested with the responsibility to disseminate information, entertain, and educate members of a society.

Freedom of Information: It refers to unlimited liberty, outspokenness, unhampered boldness. Freedom is the degree of unlimited access to information, which facilitates the performance of journalistic duties.

 


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Paper Information

Format:ms word
Chapter:1-5
Pages:101
Attribute:Questionnaire, Data Analysis,abstract, table of content, references
Price:₦3,000
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