ECOWAS Court of Justice rules that sections of the NPC Act violate freedom of expression

The Economic Community of West African States (ECOWAS) Court of Justice ruled that sections of the Nigerian Press Council (NPC) Act violate freedom of expression, ordering the Nigerian government to amend them in line with international practices that promote ‘free, pluralistic and professional journalism.’

The two journalists who filed the lawsuit claimed that the educational requirements, age limit, and registration were too restrictive and discriminatory, violating journalists’ freedom of expression. The Court found that provisions regarding the registration of journalists under Art.19 (1) (a), qualifications for appointment of the editor under Art.27, and the definitions of NPC terms under Art.37 failed to recognize public media interest, including the rights of online and citizen journalists.

The Court acknowledged the evolving nature of media and emphasised that while influencers and content creators may not be qualified in a traditional sense to share news or comment on social issues, they contribute to shaping public opinion. Additionally, the Court stressed that social media provides an ‘unrestricted opportunity to gather information and express opinions.’

Why does it matter?

The decision of the ECOWAS Court of Justice plays an imperative role in policies for both online and citizen journalism and in citizens’ right to be informed. In this case, amending these rules per the development of online media would ensure protection for journalists but also for activists who deploy their advocacy and raise awareness on social issues on their online platforms.

At the same time, this may raise concerns over the spread of online mis/disinformation on social media platforms. According to the Digital News Report 2023, conducted by the Reuters Institute for the Study of Journalism, audiences pay more attention to influencers and citizen journalists than news outlets. In Nigeria, it was found that 17% of the population uses TikTok to read the news. This underscores the necessity for laws to align with peoples’ information consumption habits. Striking a balance between protecting online journalists, activists, and influencers while also preventing the potential spread of misinformation requires a nuanced approach that acknowledges and respects the evolving dynamics of media consumption.