Newspaper Law

1. Short title This Law may be cited as the Newspapers Law.

2. Interpretation In this Law - "Governor" means the Governor of Delta State of Nigeria; "Newsagent" includes any person who sells whether for himself or on behalf of another a newspaper in a shop, stall or other structure whether movable or not but does not include a street hawker of newspapers; "Newspaper" means any paper containing public news, intelligence or occurrences or any remarks, observations or comments thereon printed for sale and published in Nigeria periodically or in parts or numbers but does not include any newspaper published by or under the authority of the Government; "Proprietor" means the sole proprietor of any newspaper or, in the case of a divided proprietorship, the persons who as partners or members of a firm or otherwise represent and are responsible for any share or interest in the newspaper as between themselves and the persons in like manner representing or responsible for the other shares or interests therein, and includes any company or body corporate; "Registrar" means the Registrar of Newspapers appointed under the provisions of section 3. "State" means the Delta State of Nigeria.

3. Appointment of Registrar The Governor may appoint such person as he may think fit to be the Registrar of Newspapers for the purposes of this Law.

4. Application This Part shall apply to newspapers published within the State.

5. Affidavits and bonds from proprietor, printer and publisher No person shall print or publish or cause to be printed or published any newspaper unless the proprietor, printer and publisher shall each have previously – (a) made, signed and sworn before a magistrate or a commissioner for oaths and registered in The office of the Registrar an affidavit containing the several matters and things following – (i) the correct title or name of the newspaper. (ii) a true description of the house or building wherein such newspaper is intended to be printed; and (iii) the real and true names and places of abode of the persons intended to be the proprietor, printer and publisher of the newspaper; and (b) given and executed and registered in the office of the Registrar a bond in the form in the First Schedule in the sum of five thousand naira with one or more sureties as may be required and approved by the Registrar: [First schedule] Provided that the Registrar may accept a deposit of five thousand naira from the proprietor, printer and publisher in lieu of such surety or sureties, and shall, in that event, issue a certificate to that effect. Upon the deposit of such sum, the following conditions and provisions shall apply – (i) The Registrar shall payout of such deposit every penalty which may at any time be imposed on the proprietor, printer and publisher or any of them under this Law, and also every penalty which may be imposed on them or any of them under any other law by reason of the publication of any matter or thing published in the newspaper in respect of which the deposit was made, and shall also pay all damages and costs which may be awarded to the plaintiff in any action for libel brought against them or any of them for any matter or thing published in the newspaper. (ii) Whenever the Registrar makes any of said payments, the proprietor, printer and publisher shall on the same day redeposit or cause to be redeposited with the Registrar, a sum equivalent to that which the Registrar has paid so that, at all material times, the deposit in the hands of the Registrar shall remain at the figure of five thousand naira. (iii) In the event of any such equivalent sum not being paid, then the publication of the said newspaper shall be and remain suspended until either the equivalent sum is redeposited with the Registrar who shall give a certificate to that effect, or the provisions of paragraph (b) of this section have been complied with, in which latter case the remaining portion of the original deposit shall be paid over to the proprietor, printer and publisher. (iv) If the equivalent sum is not redeposited or the provisions of paragraph (b) of this section are not complied with then the Registrar shall retain such remaining portion, if any, of the original deposit for a period of two years and shall thereafter, if no civil or criminal proceedings are pending, return such remaining portion to the proprietor, printer and publisher. (v) The Registrar shall deposit all sums which may come into his custody in accordance with the provisions of this Law in the Post Office Savings Bank, and the interest on any such sums or on any portion that may remain shall accrue and be payable to the person who deposited the sums in question with the Registrar.

6. Affidavit and bond by company When a company is the proprietor, printer or, Publisher of a newspaper the affidavit required by section 5 shall be made, signed, and sworn to by the secretary or one of the directors of the company and the bond shall be given and executed by such company under its title of incorporation and under the hand of the secretary and any two directors and under the common or corporate seal of such company, and by such surety or sureties as the Registrar may require and approve.

7. New affidavit when required Whenever any of the proprietors, printers or publishers named in such affidavit shall be changed or shall change their printing house, place of abode or office, and as often as the title of the newspaper shall be changed, then and in every such case the proprietors, printers and publishers shall make, sign, swear and register as aforesaid a new affidavit which shall contain all the several matters and things required by section 5 to be contained in the affidavit.

8. Execution of bond Every bond required by this Law shall be executed in the presence of a magistrate, and one witness at least, not being a party thereto, and the magistrate and such witness shall each of them subscribe his name, with the addition of his place of abode or business and his profession, occupation, or condition in life.

9. New bond in certain cases When any surety under any bond required by this Law: (a) shall have paid the whole or any part of the sum for which such surety shall have become bound; or (b) shall die; or (c) shall have been declared bankrupt or shall have been discharged under any law of bankruptcy for the time being in force in Nigeria; or (d) shall have left Nigeria without leaving sufficient property therein to satisfy any sum for which he shall have become bound; or (e) shall have withdrawn from such suretyship in manner hereinafter provided. the newspaper in relation to which such bond shall have been given shall not be printed or published until a new bond shal1 have been given, executed and registered to the amount and in the manner before provided.

10. Withdrawal of surety If any surety shall be desirous of withdrawing from a bond given under this Law and being discharged from his suretyship thereunder, he shall be entitled so to withdraw and be discharged at the expiration of twenty days after service of a notice in writing of such withdrawal on the Registrar and on the proprietor: printer or publisher, as the case may be, for whom such surety shall have become bound. Provided that notwithstanding any such discharge such surety shall continue to be liable in respect of all penalties incurred by, and all damages and costs, adjudged against any such proprietor, printer or publisher in regard to any matter published during his suretyship and before such discharge.

11. Penalty Any person who- (a) shall print or publish or cause to be printed or published any newspaper in contravention of section 5 or section 9; or (b) shall sell any newspaper which he knows or has, reason to believe has been printed or published in contravention of either of the aforesaid sections. shall be liable to a fine of one thousand naira.

12. Copies of affidavit to be evidence Every affidavit registered as hereinafter provided, or copies thereof, certified to be true copies as hereinafter mentioned, shall in all proceedings, civil and criminal, touching any Newspaper which is mentioned in any such affidavit, or touching any publication, matter or thing contained in any such, newspaper be received and admitted as conclusive evidence of the truth of all such matters set forth in such affidavit as are hereby required to be set forth against every person who shall have signed and sworn such affidavit, and shall also be received and admitted in like manner as sufficient evidence of the truth of all such matters against every person who shall be therein mentioned to be a proprietor, printer or publisher of such newspaper unless the contrary shall be satisfactorily proved: Provided that if any person against whom any such affidavit, or any copy thereof, shall be offered in evidence shall prove that he signed, swore and registered with the Registrar previous to the day or date of publication of the newspaper to which the proceedings shall relate, an affidavit that he had ceased to be the proprietor, printer or publisher of such newspaper, such person shall not be deemed by reason of any former affidavit so registered as aforesaid to be the proprietor, printer or publisher of such newspaper after the day on which such last mentioned affidavit shall have been registered as aforesaid.

13. When proof of purchase unnecessary After production in evidence of any such affidavit, or a certified copy thereof, against the person who signed and made such affidavit, or is therein named, and after a newspaper has been produced in evidence having the same title or name as that contained in such affidavit, or copy thereof, and wherein the name of the printer and the publisher and the place of printing shall be the same as the name of the printer and publisher and the place of printing mentioned in such affidavit, it shall not be necessary for the informant or prosecutor to prove that the newspaper to which such trial relates was purchased at any house, shop or office belonging to or occupied by the defendant, or by his agent or servant or where such printer or publisher usually carries on the business of printing and publishing such newspaper, or where the same is usually sold.

14. Name and address of printer and publisher to be printed on newspaper (1) At the foot of the last page of each copy of every newspaper, and at the foot of the last page of each copy of every supplement, there shall be added and printed the true and real name and place of abode of the printer and publisher and the true and real description of the place of printing of every such newspaper and supplement. (2) Any person who shall print or publish or shall cause to be printed or published any newspaper not containing the particulars aforesaid shall for every such publication be liable to a fine of one thousand naira, and any person who shall sell any newspaper not containing the particulars aforesaid knowing or having reason to believe that such newspaper has been printed in the State shall for each such sale be liable on conviction to a fine of one hundred naira.

15. Delivery of signed copies (1) The printer and publisher of every newspaper shall upon every day upon which such newspaper shall be published, deliver or send by post to the Registrar a copy of every paper so published and of every supplement thereto signed by the printer and publisher thereof and the same shall be filed and kept by the Registrar. (2) When the printer or publisher is a company the copy aforesaid shall be signed by a Director or the Secretary of the company. (3) Any printer or publisher who fails to comply with the provisions of this section shall be liable on conviction to a fine of one hundred naira for each failure.

16. Non-delivery after notice (1) Notwithstanding such failure to deliver or send such paper as aforesaid, and notwithstanding any proceedings taken against any printer or publisher by reason of any failure to deliver or send as aforesaid, the Registrar may by notice under his hand addressed to the printer or publisher require him to deliver or send to him copies signed as aforesaid bf every newspaper which such person shall have failed to deliver or send, or which has not arrived at the office of the Registrar. (2) If any person liable to deliver or send as aforesaid shall fail forthwith to deliver or send the copies of such newspapers as he may in such notice have been required to deliver, he shall be liable on summary conviction to a fine of one thousand naira for every day on which he shall fail to comply with such notice.

17. Delivery of certified copy of affidavit or bond The registrar upon application shall deliver to any person who may require it a copy, certified under his hand of any affidavit or bond registered under the provisions of this Part and any such certified copy shall be received in evidence in all courts as sufficient proof of the making, signing, swearing and registration of the affidavit or the giving and execution of the bond.

18. Proceedings on bond (1) If the condition of a bond given under this Law shall not have been fulfilled, the Attorney-General or any officer authorised by him in that behalf, may put the bond in suit as against all or any of the persons who shall have executed the same. (2) The amount recovered in any such suit shall be paid into general revenue, except that the Attorney-General may when the bond has been put in suit by reason of the non- payment of damages and costs to a plaintiff first deduct and pay to the person entitled thereto the amount of such cost and damages. (3) Proceedings on any such bond shall not prevent any other proceedings being taken to enforce the payment of the balance of any penalties, damages or costs when the amount of such penalties damages or costs exceeds the amount recovered under such bond.

19. Service of process Service of any process or notice under this part upon any proprietor, printer or publisher of a newspaper shall be good, valid and effectual if it is delivered to any person at the house or building wherein such newspaper is printed, or, if there is no person in such house or building, if it is fixed to the door of such house or building.

20. Application This Part shall apply to newspapers printed and published in Nigeria outside the State but circulated for sale within the State.

21. Annual return of newspapers proprietors and agents (1) It shall be the duty of the proprietors for the time being of any newspaper to make or cause to be made to the Registrar a return stating the title of the newspaper and the names of all the proprietors of such newspaper together with their occupations and places of residence. (2) It shall be the duty of every newsagent operating within the State to make or cause to be made to the Registrar a return stating his name together with his occupation and place of business. (3) The returns referred to in subsections (1) and (2) shall be made within one month of the date of commencement of this Law or in the case of any newspaper circulated for sale in the State after the commencement of this Law, within one month from such date and thereafter in the month of January in every year; (4) The Registrar shall compile annual registers in the forms set forth in the Second Schedule hereto and shall include therein the particulars stated in every return made to him under the provisions of subsection (1) and (2) of this section. [Second Schedule]

22. Newspapers to have registered offices (1) It shall be the duty of every proprietor and every publisher for the time being of any newspaper to establish an office for such newspaper within the State and to register such office at the office of the Registrar within one month of the date of the commencement of this Law or in the case of any newspaper first circulated for sale in the State after the commencement of this Law within one month from such date and thereafter from time to time as often as the address of the office of such newspaper is changed. (2) Notwithstanding the provisions of any rule of court or other written law any suit or matter in respect of a libel contained in such newspaper, may be commenced and determined in any judicial division of the High Court in which the newspaper containing such libel is circulated for sale. (3) Notwithstanding the provisions of any rule of court or other written law, any process or notice required to be served upon the proprietor, publisher or editor of such newspaper shall be properly served if addressed to the proprietor, publisher or editor and left at or sent by post to the address of the registered office of the newspaper.

23. Penalty for failure to register If within the period mentioned in subsection (3) of section 21 or in subsection (1) of section 22 a proprietor, publisher or newsagent to whom those sections apply fails to register he shall be guilty of an offence and shall be liable on conviction to a fine of five hundred naira or three months imprisonment and in addition shall be ordered to pay the amount of the registration fee forthwith.

24. Selling unregistered newspapers Any person who circulates for sale or who sells a copy of any newspaper which is not registered under the provisions of section 21 shall be guilty of an offence and liable upon conviction to a fine of two thousand naira or to imprisonment for not more than six months.

25. Misrepresentation in or omission from return If any person shall knowingly and wilfully make or cause to be made any return required by this Part in which there shall be any misrepresentation or from which there shall be any omission in respect of any of the particulars in this Part required to be contained therein whereby such return shall be misleading shall be guilty of an offence and liable upon conviction to a fine of two hundred naira.

26. Certified copies or extracts to be evidence Every copy of an entry in or every extract from the register purporting to be certified by the Registrar shall be received as conc1ucive evidence of the contents of the said register so far as the same appear in such copy or extract, without proof of the signature thereto, and every such certified copy or extract shall in all proceedings civil or criminal be accepted as sufficient prima facie evidence of all the matters and things thereby appearing unless and until the contrary thereof be shown.

27. Newsagent to keep monthly accounts. (1) Every newsagent shall keep proper monthly accounts with respect to all newspaper distributed by him and shall before the fifteenth day of each month submit to his employers an accurate copy of such accounts for the preceding month. (2) Any newsagent who fails to comply with the provisions of subsection (1) shall be guilty of an offence and liable upon conviction to a fine of two thousand naira or to imprisonment for six months.

28. Publication of false statement in a newspaper an offence 1965 No.4 (1) Where a person to whom this section applies publishes or reproduces or circulates in a newspaper any false statement, rumour or false report which he knows or reasonably ought to know to be false or where such person publishes or reproduces or circulates in a newspaper such statement, rumour or report without due regard being first had as to its truth or falsity, he shall be guilty of an offence and liable, upon conviction, in the case of: (a) a corporation, to a fine of not less than ten thousand naira; (b) any other person, to a fine of not less than five thousand naira or to imprisonment for a term of not less than twelve months or more than three years. (2) A prosecution for an offence under this section shall not be instituted except with the consent of the Attorney-General Provided that a person charged with such an offence may be arrested, with or a warrant, and such person may be remanded in custody or on bail notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further proceedings shall be taken until the consent has been obtained. (3) It shall be a defense to a charge of an offence under this section to prove that the accused person, prior to such publication, took reasonable measures to verify the accuracy of such statement or report. (4) In this section – “Person to whom this section applies” includes the proprietor, editor, printer and publisher of a newspaper or any person acting in any such capacity.

29. Power to make regulations The Executive Council may make regulations generally to give effect to the purpose of this Law and such powers shall include the powers to determine fees to be paid in respect of any matter to be registered (or any return to be made) under the provisions of this Law. Schedule 1 NEWSPAPER LAW FORM OF BOND TO BE GIVEN BY THE PROPRIETOR, PRINTER AND PUBLISHER OF A NEWSPAPER KNOW ALL MEN BY THESE PRESENTS that we ...... are held and firmly bound unto the Governor of the Delta State of Nigeria in the sum of five thousand naira in Nigerian currency to be paid to the Governor and his successors, to which payment well and truly to be made, we bind ourselves, and each and everyone of us jointly and severally, for and in the whole, our heirs, executors and administrators, and every of them firmly by these presents. (Sealed with our seals) DATED this ..... day of .....20..... WHEREAS the above bounden .....is the proprietor (printer or publisher) or a newspaper entitled or named ........ and the above bounden have also been approved as the sureties of the said...... Now the condition of this obligation is such, that if the above named (proprietor, printer or publisher) shall pay every penalty which may be imposed on him under the Newspapers Law and shall also pay every penalty which may be imposed on him under any other law by reason of the Publication of any matter or thing published in the aforesaid newspaper, and shall also pay all damages and costs which may be awarded to the plaintiff in any action for libel brought against him for any matter or thing published in the aforesaid newspaper then this obligation shall be void otherwise it remains in full force and effect. Signed, sealed and delivered In the presence of - Schedule 2 NEWSPAPER LAW S.21. I -REGISTER OF NEWSPAPER UNDER SECTION 21, SUB-SECTION (1) Title of Registered Name of Occupation Residence Registration Newspapers Office proprietors fee II- REGISTER OF NEWSPAPER UNDER SECTION 21, SUB-SECTION (2) Name of Newsagent Occupation Place of Business Registration Fee