Media Law and Freedom of the Press: A Double-Edged Sword?

10 Pages Posted: 6 May 2025

See all articles by Smart Okpor

Smart Okpor

Victoria University of Wellington - Te Herenga Waka

Date Written: December 15, 2024

Abstract

The media is important by itself in a democratic system for making a government accountable as well as for individual and collective well being, by informing people and holding authorities accountable. Yet, the media law, as it guarantees press freedom, may also serve as a tool to oppress people. This article explores the dual nature of media law as both a safeguard for journalists and a potential instrument of suppression. By taking case studies from New Zealand, Nigeria, and Australia, the report investigates how media laws empower as well as restrict journalistic work, focusing on shield laws, defamation reforms, and access to information. It also explores how ambiguous or broad legal rules are used as a pretext to silence dissent. The chilling effect of such laws on surveillance and censorship was discussed. The paper postulates a prescription based on established international standards such as the Johannesburg Principles alongside regional frameworks such as the African Commission on Human and Peoples Rights to call for equilibrium between press freedom and regulation. To ensure that media law serves its essential protection role, it is necessary to build frameworks that are clear, have court supervision, and enhance capacities as they range from legislation to ensuring that no law would be misused to suppress freedom of speech.

Keywords: Media Law, Freedom of the Press, A Double-Edged Sword, shield Law

Suggested Citation

Okpor, Smart, Media Law and Freedom of the Press: A Double-Edged Sword? (December 15, 2024). Available at SSRN: https://ssrn.com/abstract=5219442 or http://dx.doi.org/10.2139/ssrn.5219442

Smart Okpor (Contact Author)

Victoria University of Wellington - Te Herenga Waka ( email )

P.O. Box 600
Wellington, 6140
New Zealand

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