SERAP Gives Buhari Govt 24 Hours To Withdraw Gag Order On Reporting Of Terrorist Attacks

Socio-Economic Rights and Accountability Project (SERAP) has
sent an open letter to President Muhammadu Buhari urging him to use
his leadership position “to urgently instruct Mr Lai Mohammed,
Minister of Information and Culture, and the National Broadcasting
Commission (NBC) to withdraw the directive containing a sweeping
gag order banning journalists and broadcast stations from reporting
details of terrorist attacks and victims across the country.”

The NBC had in a letter dated 7 July, 2021 issued a directive
asking journalists, television and radio stations in Nigeria to
stop “glamourising and giving too many details on the nefarious
activities of terrorists and kidnappers” during their daily
newspaper reviews.

Reacting, SERAP in a letter dated 17 July, 2021 and signed by
its deputy director Kolawole Oluwadare said: “The contents of the
directive by the NBC to journalists and broadcast stations are
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.”

SERAP said: “We would be grateful if the repressive directive is
withdrawn within 24 hours of the receipt and/or publication of this
letter. If we have not heard from you by then, the SERAP shall take
all appropriate legal actions in the public interest.”

The organization expressed “grave concern that the contents of
the NBC directive would impermissibly restrict the rights to
freedom of expression, information, and victims’ right to justice
and effective remedies that are central to public debate and
accountability in a democratic society.”

SERAP said: “Reporting on the growing violence and killings in
many parts of the country is a matter of public interest. The NBC
directive to journalists and broadcast stations to stop reporting
these cases, coupled with the possibility of fines and other
punishment, would have a disproportionate chilling effect on the
work of those seeking to hold the government accountable to the
public.”

The letter, read in part: “The broad definitions of what may
constitute ‘too many details’, ‘glamourising’, ‘divisive rhetoric’,
and ‘security issues’ heighten concerns of overreach, confer
far-reaching discretion on the government, and suggest that the NBC
directive is more intrusive than necessary.”

“These words and phrases do not indicate precisely what kind of
individual conduct would fall within their ambit.”

“The vague and overbroad definitions of ‘too many details’,
‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ also
raise concern that the NBC directive unduly interferes with the
rights to freedom of expression and information, and is
disproportionate to any purported legitimate governmental aim.
Ill-defined and/or overly broad directives are open to arbitrary
application and abuse.”

“The use of these words and phrases by the NBC, given their
opaque and ambiguous meaning, leaves open the possibility for
application beyond unequivocal incitement to hatred, hostility or
violence. Such words and phrases may function to interpret
legitimate reporting by broadcast stations, journalists, and other
Nigerians as unlawful.”

“Exacerbating these concerns are growing restriction of civic
space, the suspension of Twitter in Nigeria, and the attempts by
your government to push for the amendment of the Nigeria Press
Council Act and the National Broadcasting Commission Act, to
further suppress media freedom, freedom of expression and access to
information.”

“Allowing the media to freely carry out their duties is
essential to building a secure society and leaving no one behind.
Conversely, imposing impermissible restrictions on broadcast
stations, journalists and other Nigerians undermines the security
that builds a healthy and vibrant society.”

“Article 19(1) of the International Covenant on Civil and
Political Rights establishes the right to freedom of opinion
without interference. Article 19(2) establishes Nigeria’s
obligations to respect and ensure this right, which includes the
freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, and through any media of one’s
choice.”

“Under article 19(3), restrictions on the right to freedom of
expression must be ‘provided by law’, and necessary ‘for respect of
the rights or reputations of others’ or ‘for the protection of
national security or of public order, or of public health and
morals’.”

“Although article 19(3) recognizes ‘national security’ as a
legitimate aim, the Human Rights Council, the body charged with
monitoring implementation of the Covenant, has stressed ‘the need
to ensure that invocation of national security is not used
unjustifiably or arbitrarily to restrict the right to freedom of
opinion and expression.’”

“Since article 19(2) promotes so clearly a right to information
of all kinds, this indicates that your government bears the burden
of justifying any restriction on reporting of cases of violence and
killings, and withholding of such information as an exception to
that right.”

“Any restrictions should be applied strictly so that they do not
put in jeopardy the right itself. The NBC directive to broadcast
stations fails to meet the requirements of legality, necessity and
proportionality.”

“The requirement of necessity also implies an assessment of the
proportionality of restrictions such as those being imposed by the
NBC, with the aim of ensuring that restrictions target a specific
objective and do not unduly intrude upon the rights of targeted
persons.”

“The interference with the constitutional and legal duties of
journalists and broadcast stations cannot be justified in the
context of the right to information, as the NBC directive has not
shown that their reporting would impose a specific risk of harm to
a legitimate State interest that outweighs the public’s interest in
such information.”

“The NBC directive may also create an environment that unduly
deters and penalizes broadcast stations and journalists, and the
reporting of government wrongdoing more generally.”

“The Special Rapporteur on the right to freedom expression has
concluded that national security considerations should be ‘limited
in application to situations in which the interest of the whole
nation is at stake, which would thereby exclude restrictions in the
sole interest of a government, regime, or power group.’”

“SERAP notes the collective interdependency of the compendium of
constitutional and international human rights, which function to
collectively complement and enhance the advancement of the security
and rights of each individual in society.”

“We hope that the aspects highlighted will help guide your
actions in acting to ensure that Nigerian journalists and media can
freely carry out their constitutional duties as contained in
Section 22 of the Nigerian Constitution.”

“While your government has the obligation to maintain national
security, this obligation is not set apart from the obligation to
protect and ensure human rights. National security is a necessary
and integral part of the right to security guaranteed to each
person individually.”

“According to our information, the NBC called for ‘caution’ by
broadcasters while reporting security challenges in the country.
The directive, titled: ‘Newspaper Reviews And Current Affairs
Programmes: A Need For Caution’, was signed by the Director,
Broadcast Monitoring, Francisca Aiyetan, on behalf of the new
Director-General of the Commission, Balarabe Ilelah.”

Socio-Economic Rights and Accountability Project (SERAP) has
sent an open letter to President Muhammadu Buhari urging him to use
his leadership position “to urgently instruct Mr Lai Mohammed,
Minister of Information and Culture, and the National Broadcasting
Commission (NBC) to withdraw the directive containing a sweeping
gag order banning journalists and broadcast stations from reporting
details of terrorist attacks and victims across the country.”

The NBC had in a letter dated 7 July, 2021 issued a directive
asking journalists, television and radio stations in Nigeria to
stop “glamourising and giving too many details on the nefarious
activities of terrorists and kidnappers” during their daily
newspaper reviews.

Reacting, SERAP in a letter dated 17 July, 2021 and signed by
its deputy director Kolawole Oluwadare said: “The contents of the
directive by the NBC to journalists and broadcast stations are
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.”

SERAP said: “We would be grateful if the repressive directive is
withdrawn within 24 hours of the receipt and/or publication of this
letter. If we have not heard from you by then, the SERAP shall take
all appropriate legal actions in the public interest.”

The organization expressed “grave concern that the contents of
the NBC directive would impermissibly restrict the rights to
freedom of expression, information, and victims’ right to justice
and effective remedies that are central to public debate and
accountability in a democratic society.”

SERAP said: “Reporting on the growing violence and killings in
many parts of the country is a matter of public interest. The NBC
directive to journalists and broadcast stations to stop reporting
these cases, coupled with the possibility of fines and other
punishment, would have a disproportionate chilling effect on the
work of those seeking to hold the government accountable to the
public.”

The letter, read in part: “The broad definitions of what may
constitute ‘too many details’, ‘glamourising’, ‘divisive rhetoric’,
and ‘security issues’ heighten concerns of overreach, confer
far-reaching discretion on the government, and suggest that the NBC
directive is more intrusive than necessary.”

“These words and phrases do not indicate precisely what kind of
individual conduct would fall within their ambit.”

“The vague and overbroad definitions of ‘too many details’,
‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ also
raise concern that the NBC directive unduly interferes with the
rights to freedom of expression and information, and is
disproportionate to any purported legitimate governmental aim.
Ill-defined and/or overly broad directives are open to arbitrary
application and abuse.”

“The use of these words and phrases by the NBC, given their
opaque and ambiguous meaning, leaves open the possibility for
application beyond unequivocal incitement to hatred, hostility or
violence. Such words and phrases may function to interpret
legitimate reporting by broadcast stations, journalists, and other
Nigerians as unlawful.”

“Exacerbating these concerns are growing restriction of civic
space, the suspension of Twitter in Nigeria, and the attempts by
your government to push for the amendment of the Nigeria Press
Council Act and the National Broadcasting Commission Act, to
further suppress media freedom, freedom of expression and access to
information.”

“Allowing the media to freely carry out their duties is
essential to building a secure society and leaving no one behind.
Conversely, imposing impermissible restrictions on broadcast
stations, journalists and other Nigerians undermines the security
that builds a healthy and vibrant society.”

“Article 19(1) of the International Covenant on Civil and
Political Rights establishes the right to freedom of opinion
without interference. Article 19(2) establishes Nigeria’s
obligations to respect and ensure this right, which includes the
freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, and through any media of one’s
choice.”

“Under article 19(3), restrictions on the right to freedom of
expression must be ‘provided by law’, and necessary ‘for respect of
the rights or reputations of others’ or ‘for the protection of
national security or of public order, or of public health and
morals’.”

“Although article 19(3) recognizes ‘national security’ as a
legitimate aim, the Human Rights Council, the body charged with
monitoring implementation of the Covenant, has stressed ‘the need
to ensure that invocation of national security is not used
unjustifiably or arbitrarily to restrict the right to freedom of
opinion and expression.’”

“Since article 19(2) promotes so clearly a right to information
of all kinds, this indicates that your government bears the burden
of justifying any restriction on reporting of cases of violence and
killings, and withholding of such information as an exception to
that right.”

“Any restrictions should be applied strictly so that they do not
put in jeopardy the right itself. The NBC directive to broadcast
stations fails to meet the requirements of legality, necessity and
proportionality.”

“The requirement of necessity also implies an assessment of the
proportionality of restrictions such as those being imposed by the
NBC, with the aim of ensuring that restrictions target a specific
objective and do not unduly intrude upon the rights of targeted
persons.”

“The interference with the constitutional and legal duties of
journalists and broadcast stations cannot be justified in the
context of the right to information, as the NBC directive has not
shown that their reporting would impose a specific risk of harm to
a legitimate State interest that outweighs the public’s interest in
such information.”

“The NBC directive may also create an environment that unduly
deters and penalizes broadcast stations and journalists, and the
reporting of government wrongdoing more generally.”

“The Special Rapporteur on the right to freedom expression has
concluded that national security considerations should be ‘limited
in application to situations in which the interest of the whole
nation is at stake, which would thereby exclude restrictions in the
sole interest of a government, regime, or power group.’”

“SERAP notes the collective interdependency of the compendium of
constitutional and international human rights, which function to
collectively complement and enhance the advancement of the security
and rights of each individual in society.”

“We hope that the aspects highlighted will help guide your
actions in acting to ensure that Nigerian journalists and media can
freely carry out their constitutional duties as contained in
Section 22 of the Nigerian Constitution.”

“While your government has the obligation to maintain national
security, this obligation is not set apart from the obligation to
protect and ensure human rights. National security is a necessary
and integral part of the right to security guaranteed to each
person individually.”

“According to our information, the NBC called for ‘caution’ by
broadcasters while reporting security challenges in the country.
The directive, titled: ‘Newspaper Reviews And Current Affairs
Programmes: A Need For Caution’, was signed by the Director,
Broadcast Monitoring, Francisca Aiyetan, on behalf of the new
Director-General of the Commission, Balarabe Ilelah.”