The Socio-Economic Rights and Accountability Project (SERAP) has asked President Muhammadu Buhari to “urgently instruct the Minister of Information and Culture, Mr Lai Mohammed, to withdraw the threat to sanction the BBC and Daily Trust over their documentaries on terrorism in the country, whether through the Nigeria Broadcasting Commission (NBC) or any other agency of government.”
Mohammed had last Thursday said the Federal Government would sanction the BBC and Trust Tv for airing documentaries that allegedly “glorify”, “promote”, and “fuel” terrorism and banditry in Nigeria.
In a letter dated July 30, 2022, and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The media has the duty to impart information and ideas on issues of public importance. If carried out, the threat to sanction the BBC and Daily Trust would inhibit the media from reporting on issues of public interest.”
The group further said: “Media houses and journalists ought to be given the room to determine how best to present information of public interest, especially information about the growing violence and killings across the country.”
It added: “Rather than punishing the media for promoting access to diverse opinions and information on issues of public importance, your government should focus on delivering your promises to ensure the security of Nigerians.”
It continued: “Carrying out the threat to sanction the BBC and Daily Trust would lessen the flow of diverse viewpoints and information to the public.”
The letter, read in part said: “We would be grateful if the requested action is taken within 48 hours of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions in the public interest.”
“A free, uncensored, and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other rights. It constitutes one of the cornerstones of a democratic society.”
“Sanctioning the BBC and Daily Trust would be entirely inconsistent and incompatible with Nigeria’s obligations under article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights.”
“The threat if carried out would impermissibly restrict the constitutional and international rights to freedom of expression, access to information, and victims’ right to justice and effective remedies that are central to public debate and accountability in a democratic society.”
“Access to information is essential for the enjoyment of other human rights and freedoms and constitutes a fundamental pillar for building a democratic society and strengthening democracy.”
“Allowing the media to freely carry out their duties is essential to building secure society and leaving no one behind. Conversely, imposing impermissible restrictions on media houses, journalists and other Nigerians undermines the security that builds a healthy and vibrant society. The grounds for sanctioning the BBC and Daily Trust as stated by Mr Mohammed fail to meet the requirements of legality, necessity, and proportionality.”
The requirement of necessity also implies an assessment of the proportionality of the grounds, with the aim of ensuring that the excuse of ‘glorifying, promoting, and fuelling terrorism and banditry’ are not used as a pretext to unduly intrude upon the rights to freedom of expression and access to information.”
“Any interference with the constitutional and legal duties of the BBC and Daily Trust would not be justified in the context of the right to information.”
“The Federal Government has not shown that the documentaries by the media houses would impose a specific risk of harm to a legitimate State interest that outweighs the public’s interest in the information provided by the documentaries.”
“The documentaries by the BBC and Daily pose no risk to any definite interest in national security or public order.”
“It is inconsistent and compatible with the Nigerian Constitution 1999 [as amended] to invoke the grounds of ‘glorifying, promoting, and fuelling terrorism and banditry’ as justifications for suppressing freedom of expression or withholding from the public information of legitimate public interest that does not harm national security.”
“It is contrary to both the Nigerian Constitution and international standards to threaten or punish journalists and media houses such as the BBC and Daily Trust for disseminating such information.”
“The vague and overbroad definitions of ‘glorifying’, ‘promoting’, and ‘fuelling’ raise concerns that the threat by the Federal Government if carried out would unduly interfere with the rights to access to information, and disproportionate to any purported legitimate governmental aim. Ill-defined and/or overly broad grounds are open to arbitrary application and abuse.”
