CRITICAL MINDS FOR CRITICAL TIMES: MEDIA’S ROLE IN ADVANCING PEACEFUL, JUST AND INCLUSIVE SOCIETIES.

BY

Hon. Mr Sulaiman Usman Esq,

D.L, LL. B (Hons), LL.M (Liverpool), B.L

Attorney General and Commissioner for Justice Sokoto State

BEING A LECTURE MARKING THE CELEBRATION OF WORLD PRESS FREEDOM DAY 2017 PRESENTED AT NIGERIA UNION OF JOURNALIST PRESS CENTRE, SOKOTO, SOKOTO STATE OF NIGERIA ON 3^RD MAY 2017.

Introduction

I feel highly honoured to be asked to deliver this lecture as part of the activities marking this year’s World Press Freedom Day. It will be recalled that it was African journalists’ efforts in 1991 in fashioning out the revolutionary Windhoek Declaration on media pluralism and independence that led to the declaration of International Day for Press Freedom by the United Nations General Assembly in 1993 resulting from a recommendation approved at the 26th Session of UNESCO’s General Conference in 1991.

World Press Freedom National Celebrations are right now taking place all over the world to commemorate this year’s Day today, 3^rd May 2017. UNESCO leads the worldwide celebration by identifying the global theme and organizing the main event in different parts of the world every year. UNESCO, the Government of Indonesia, and the Press Council of Indonesia will co-organize the World Press Freedom Day’s main event and the UNESCO/Guillermo Cano World Press Freedom Prize Ceremony in Jakarta, Indonesia, from 1-4 May 2017.[1]

This year’s theme titled “Critical minds for critical times: Media’s role in advancing peaceful, just and inclusive societies” is no doubt not only apt in these days of fake news, alternative facts, post-truths and freedom of information but also intimidatingly grand. For instance, it was recently observed that “the decline of newspapers in physical form and their passing on to the internet puts them on all fours with the vast flows of information, fantasy, leaks, conspiracy theories, expression of benevolence and hatred”.

It is crystal clear therefore from the concept note formulated by the United Nations Educational Scientific and Cultural Organization on this year’s theme sounds like the work of an activist, telling all media practitioners – to seek and acquire “disciplined thinking that is clear, rational, open-minded, and informed by evidence;” as well as in the equally well-analysed conditions that form the “critical times.” Critical minds are also required for the media to be highly competent and effective in the discharge of its duties. A Critical mind is characterized by careful analysis, evaluation and reflection on issues and events that call for consideration and action.   A critical mind is essential for thoughtful and reasoned decision-making. It allows individuals to consider multiple perspectives, weigh evidence, and come to logical conclusions. By taking into account differing viewpoints and analyzing information from various angles, the critical mind can arrive at balanced and well-informed judgments. This approach helps to avoid biases, narrow-mindedness, and hasty conclusions, leading to more effective problem-solving and decision-making. In a world full of complexities and uncertainties, the ability to think critically is a valuable asset that can help navigate challenges and seek solutions that benefit all. The theme also stresses the fact that a free, independent, and qualitative media is a sine qua non to the attainment of Sustainable Development Goals more particularly Goal number 16 So, what is required for discussion and analysis is the relationship between freedom of expression, justice, rule of law, peace and inclusiveness.[2]   

Journalists play a crucial role in advancing peaceful, just, and inclusive societies by providing unbiased and accurate information to the public flashing a light on issues of injustice, inequality, and conflict. They have the power to raise awareness, challenge the status quo, amplify marginalized voices, and hold those in power accountable.

FREEDOM OF INFORMATION ET AL

Freedom of information is the cornerstone of participatory democracy and plays a prominent role in ensuring accountability and effective institution and representative decision-making at all levels.  Media are therefore important actors in promoting social inclusion. Only a well-informed and inclusive society can take its destiny into its hands and participate in ensuring peace and development.

The imperative of public access to information has been recognised as integral to the attainment of the 2030 Agenda for Sustainable Development adopted by 193 member states of the United Nations in September 2015.  This development Agenda is now popularized as Sustainable Development Goals (SDGs).  Goal number 16 provides:

“Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels”[3]

For the media to continue to play its critical role in advancing just and inclusive societies, the news generated and disseminated must be critical original and well-researched. In the words of Jim Rutenberg of the New York Times, “It requires great journalism to save journalism[4].

 It should be emphasised that the media must also be free, independent, and pluralistic because it is from the media that we learn the affairs of our nation particularly how it is managed by the leaders that are elected to give our children a better future”.

In his message to the World-on-World Press Freedom Day 2017, the United Nations Secretary-General with admirable candour buttress the vital role journalists play in advancing social inclusion and stresses the need to protect them in the following illuminating words;

’Journalists go to the most dangerous places to give voice to the voiceless. Media workers suffer character assassinations, sexual assaults, injuries and even death. We need leaders to defend the free media. It is crucial to counter prevailing misinformation. And we need everyone to stand for our right to truth. On World Press Freedom Day, I call for an end to all crackdowns against journalists. when we protect journalist their words and pictures change the world.’ [5]

 

In Nigeria, the Constitution of the Federal Republic of Nigeria, 1999 as amended has made elaborate provisions to guarantee a free, and independent press. Section 22 provides;

’The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.’ [6]

Equally, the Constitution further provides as follows;

’’ Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

(2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions:

Provided that no person, other than the Government of the Federation or of a State or any other person or body authorised by the President on the fulfilment of conditions laid down by an Act of the National Assembly, shall own, establish or operate a television or wireless broadcasting station for, any purpose whatsoever.’[7]

The Nigerian Freedom Information Act 2011[8], was enacted to make public records and information freely available, provide for public access to public records and information, and project public records and information to the extent that it aligns with the public interest and the protection of the personal privacy of citizens.

The Freedom of Information Act has made sumptuous provisions on how information and records can be acquired by providing for the right to access records or information, and application for access to records due to refusal by the Head of Government or public institution to disclose records. The Act further spelt out ways of getting access to records by court, materials exempted and documents under the security classification. The Act protects serving public affairs from adverse consequences for divulging certain kinds of official information without authorization.

The Liberty of the press is indeed essential to good governance, fostering good governance, transparency, and accountability by effectively engaging its citizenry in decision-making and policy formulation and execution. According to Blackstone, “Every freeman has an undoubted right to lay what sentiments he pleases before the public, to forbid this, is to destroy the freedom of the press. But if he publishes what is improper, mischievous, or illegal he must take the consequences of his temerity” [9].

Journalists can help to promote peace by reporting on conflicts in an unbiased and balanced manner, providing accurate information, and facilitating dialogue between warring parties. By bringing attention to the root causes of violence and highlighting possible solutions, journalists can contribute to the resolution of conflicts and the building of sustainable peace. By highlighting these positive examples, journalists can inspire others to get involved and support peacebuilding efforts in their communities.[10]

 

EQUAL ACCESS TO JUSTICE FOR ALL

“Justice sir, is the greatest interest of Man.  It is the bond of society and the cornerstone of human existence”.[11]

Justice is the harbinger of peace, progress and development.  If our judiciary is weak, access to justice will be lacking and that will indubitably impede sustainable development. ACCESS TO JUSTICE FOR ALL. Approached narrowly, access to justice is ‘concerned with the means for securing vested rights, particularly through the use of courts and tribunals’. The notion of ‘procedural access to justice’ therefore mainly means being able to use a procedure before a court. Following this approach, one likely focuses on the obstacles people face when trying to bring a case before a court. such as having no access to legal aid.

When taking a broader approach, the notion not only encompasses access to a (legal) procedure but also the outcome of a procedure or measure. More specifically, the notion concerns the question of whether the outcome is ‘just and equitable’ or helps realize ‘material justice’. Access to justice thus becomes ‘both a process and a goal’. 

There is not one broad or substantive approach, since a wide variety of substantive elements of justice can be brought under the scope of this notion of justice. However, regardless of which substantive approach is taken, the role of non-judicial bodies, such as national human rights institutions or ombudspersons, is also considered. Therefore, the need to be able to access a ‘classic’ court loses the central place it has in the procedural approach. Nevertheless, the means or process by which substantive justice is achieved remains of relevance, because, in the absence of procedural safeguards, it is uncertain that access to substantive justice can be guaranteed. The maxim ‘justice delayed is justice denied’ is illustrative in this regard, for it points to the importance of procedure as to how outcome is valued. Further, as is explained below, substantive access to justice is often connected to notions of fair trial and due process.

The media as the watchdog of the society, must continue to play a leading role in ensuring that Nigeria have a well-functioning legal and regulatory environment and a strong judiciary that delivers justice to all and sundry according to law without fear or favour, affection, or ill will.  This will bring about public confidence in our democracy and ginger the people to invest in our sustainable future.  Investigative journalism is the key here. The media must cover all public events government programmes and policies and expose criminality in all its forms and ramifications.

Nigeria’s legal framework has guaranteed freedom of expression and press as fundamental human rights and not only that, but it need also not be breached for an action to lie, once there is a real threat, an aggrieved person can sue.  To further strengthen the enjoyment and advancement of this freedom, the current fundamental right (enforcement procedure) Rules, 2009 has eliminated the requirement of leave of court and also expanded the frontiers of locus standi, to allow for resort to public interest litigation by all persons once the threat or breach affects the public.

Journalists are indubitably the symbol of the extent to which society tolerates and/or promotes freedom of expression.  Over the course of the last decade, however, there has been growing impunity for crimes against media professionals is a major impediment to freedom of expression.  What protection mechanism exists for media professionals, home effectively crimes committed against them investigated and violations redressed.

The current state of the safety of journalists and freedom of expression worldwide is discouraging according to the 2016 UNESCO Director General Report on the safety of journalists and the danger of impunity over the last 10 years 827 journalists and media workers have been killed and only about 8% of these cases were so far resolved.  Critical voices on issues of public interest are silent and informed debate is stifled.  Happily, in Nigeria under the present dispensation, journalists and other media professionals are not only free but independent.  This is because the present democratic leaders at state and federal levels believe that it is only when media are free, independent and pluralistic that can they ensure that the rule of law is applied and respected in full Respect for the rule of law dovetails with access to justice for all where freedom of express acts both the overseer and the beneficiary- The Justice system needs to be strengthen and improved upon

In the pursuit of justice, journalists can investigate cases of corruption, human rights abuses, and other forms of injustice, exposing wrongdoing and advocating for accountability. By giving a voice to those who have been marginalized or oppressed, journalists can create a more inclusive and equitable society. Journalists also have a responsibility to challenge discriminatory attitudes and promote understanding and tolerance among diverse groups. Through their reporting, they can help to bridge divides, promote dialogue, and foster peaceful coexistence.

Journalists can uncover corruption, human rights abuses, and other forms of injustice that undermine the stability and inclusivity of societies. By bringing these issues to light, journalists can create awareness and pressure for change. Moreover, journalists can also promote dialogue and understanding among different communities by providing a platform for diverse voices to be heard and perspectives, journalists can help to break down stereotypes and promote empathy and solidarity. Journalists contribute to the advancement of human rights and work towards creating a more just and equitable world.

INCLUSIVE SOCIETIES

An inclusive society is crucial for fostering a sense of unity and equality among all its members. It encourages acceptance and respect for diversity, creating a space where everyone feels valued and supported. Inclusivity allows individuals to thrive and contribute their unique perspectives and talents to the community, leading to innovation and progress. Embracing diversity in all its forms is not only morally right but also essential for building a more harmonious and prosperous society.[12]

Social inclusion can be achieved through a variety of positive actions aimed at creating a just society devoid of discrimination, harnessing the full potential of all social groups regardless of sex or circumstance, promoting the enjoyment of fundamental human rights and protecting the health, social, economic, and political well-being of all citizens, to achieve equitable rapid economic growth. The media can help achieve this through the promotion of citizens’ participation in government, identifying community groups that need to be involved, creating a positive environment for citizen engagement, engaging in public awareness about the Government’s programmes and commitment to transparency and accountability, facilitate processes that will lead to the development of trust between the government and its citizenry, facilitate a bottom-top approach in identifying community issues, identifying solutions, and developing priorities for action and resources.

Journalists can act as educators by providing well-researched and unbiased information. This empowers the public to make informed decisions and fosters a more engaged and responsible citizenry, essential for building just and inclusive societies.

CONCLUDING COMMENTS

Journalists should approach their work with cultural sensitivity, avoiding stereotypes and promoting an understanding of diverse perspectives. This helps in building a more inclusive narrative that respects and appreciates the richness of different cultures. This helps balance the narrative and inspires hope, contributing to a more inclusive and optimistic society[13].

As we commence a new odyssey for the attainment of the Sustainable Development goal in Nigeria, Today’s celebration of World Press Freedom Day provides us with the seamless opportunity to project the central role of freedom of expression vis-a-vis the right for information to the realization of peaceful just and inclusive societies and the ripple effect it will have on sustainable development. However, the media must in the final analysis also appreciate the need to be fair and accurate in their reports and news because freedom of information connotes liberty to disseminate information, knowledge and ideas without let or hindrance but does denote immunity from the abiding by the law and demands of security of the state as well the protection of the rights of other persons because the freedom is not absolute though any legal measure that restricts, hinders and curtailed it must be justified for it to stand.

The call through this year’s World Press Freedom Day theme sounds like the work of an activist, telling all media practitioners -to seek and acquire “disciplined thinking that is clear, rational, open-minded, and informed by evidence;[14]” and in the equally well-analysed conditions that form the “critical times.” Critical minds are required for the media to be highly competent and effective. It is exemplified by thorough analysis, assessment and consideration of issues and events that call for reflection and action.[15]

POINTS TO PONDER

1. How can we ensure the protection of fundamental freedoms when the rule of law is not respected?

2. What are the stumbling blocks for the protection of fundamental freedoms in societies and achieving justice for all?

3. How can a national mechanism specifically focusing on the safety of journalists be encouraged?

4. How can greater cooperation be fostered between governments, civil society organizations, the judiciary, and media organizations in tackling the issue of journalists’ safety and especially the problem of impunity?

5. What capacity building on freedom of expression issues is needed for the judiciary?

6. How do we guarantee that adopted measures are effectively enacted?

7. How can the media’s potential for concretizing a culture of peace be catalysed?

8. How can the risks of media playing the opposite role, i.e. of fuelling conflict, be avoided?

9. In the context of counter-terrorism measures, how does one ensure proportionate of responses from governments?

10. What is the appropriate mix of legal and non-legal measures to be applied when countering online hate speech?

11. How can Media and Information Literacy empower users to understand and exercise freedom of expression, both online and offline?

12. How can the general public be included in a significant manner in the efforts to achieve the 2030 Development Agenda?

13. What inclusive strategies can be developed to ensure that the right to seek and receive information is strengthened and used by the media as well as all groups in society?

14. What role do effective, accountable and inclusive institutions have to play in the realization of the Sustainable Development Goals?

15. Institutional capacity building is needed to safeguard fundamental freedoms. What are the entry points and how do we consolidate this capacity-building?

In the final analysis, let me quote the message of the Secretary General of the United Nations Mr. Antonio Guterres to the World as we celebrate Word Press Freedom Day 2017 as follows;

Journalists go to the most dangerous places to give voice to the voiceless. Media workers suffer character assassination, sexual assault, detention, injuries, and even death. We need leaders to defend free media.  This is crucial to counter prevailing misinformation.  And we need everyone to stand for our right to truth. On World Press Freedom Day, I call for an end to all crackdowns against journalists — because a free press advances peace and justice for all. When we protect journalists, their words and pictures can change our world[16].

If this lecture tickles you for a proper appraisal and assessment of the media’s role in advancing peaceful, just, and inclusive societies, I am grateful to Allah (SWT) that I have been of some use to you. If however, I did not, I consign this lecture to the dustbin. All I have tried to say is that supporting and defending press freedom is crucial for journalists to carry out their role effectively. A free press is essential for holding power accountable and ensuring that information flows without censorship, contributing to the development of just and inclusive societies. A free, independent media can play a vital role in promoting social inclusion in this country and contribute to making Nigeria a free and democratic Nation, a just and egalitarian society, and a land of equity with full opportunities for its citizens.

[1]UNESCO, World Press Freedom Day 2017. Available online at < http://en.unesco.org/wpfd> Accessed ; May 1, 2017.

[2] Gbemiga  Bamidele, Commentary on World Press Freedom Day, 2017. Aavailable at < https://newsdiaryonline.com/critical-minds-critical-times-medias-role-advancing-peaceful-just-inclusive-societies/  > (Accessed : May 3, 2017).

[3] United Nations, Sustainable Development Goals, Available at < http://www.un.org/sustainabledevelopment/sustainable-development-goals/ > (Accessed : May 2, 2017.

[4] J. Rutenberg, Media’s next challenge overcoming the threat of fake news,  Available at < https://www.nytimes.com/2016/11/07/business/media/medias-next-challenge-overcoming-the-threat-of-fake-news.html?_r=0 >  ( Accessed; May 2, 2017).

[5] Antonio Gutrres, Message on World Press Freedom Day 2017. Available at < http://www.rappler.com/thought-leaders/168486-un-secretary-general-message-world-press-freedom-day-2017  (Accessed ; May 3, 2017).

[6] Constitution of the Federal Republic of Nigeria, 1999 as amended, S.22.

[7] Ibid, Chapter four; Fundamental Rights. S. 39 (1) & (2).

[8] Apuke, Oberiri Destiny, ‘An Appraisal of the Freedom of Information Act (FOIA) in Nigeria’ (2017) 13 (1) Canadian Social Science, 41.

[9] Willaims Blackstone, Commentaries on Laws of England, Book 1 Chapter 1.

[10]  Rameshi Kumar Rawat,’ Role of Media Promoting peace in Global Political Contexts’, (2014) 1(4) International Journal of Education and Science Research Review, 7

[11] Daniel Webster,  quoted in Hoftrs Law Review [2004] 32 1476

[12]   Council of Europe, ‘Action Plan on Building Inclusive Societies’ (2016) Available from: <https://rm.coe.int/16805c1a1f> accessed: 27 April 2017.

[13] United Nations, ‘World Press Freedom 2017 Concept Note’(1 May 2017)  Available from:  https://en.unesco.org/sites/default/files/wpfd2017_concept-note_en.pdf  accessed: 2 May 2017.

[14] Kevin Gray, ‘What makes a good Analyst’, (14 April 2017) ,<https://www.kdnuggets.com/2017/04/gray-makes-good-analyst.html> accessed: 29 April 2017.

[15] OECD, ‘Innovation Education and Education for Innovation’. Available from: <https://www.oecd.org/education/ceri/GEIS2016-Background-document.pdf>  accessed 25 April 2017.

[16] Antonio Guterres, ‘Stand up for the Right to Truth’, ( 1 May 2017) United Nation Press Release. Available from:  <https://press.un.org/en/2017/sgsm18508.doc.htm > accessed 2 May 2017.