Since the NBC has started the process well by calling for inputs from stakeholders, I want to appeal that the regulator rises above obstructive squabbles and individual and even industry pranks, to create a good document. The 7th edition of the Nigeria Broadcasting Code needs a humanization in order to make the document a reference point
THE broadcast regulator, the National Broadcasting Commission (NBC), is planning a review of the 6th edition of the Nigeria Broadcasting Code, and has sent out a notice to various stakeholders, asking them to ‘speak now’ in order to ‘help shape the new Nigeria Broadcasting Code.’
One of the final lines is particularly very interesting. ‘Let us build a broadcasting code that protects audiences, rewards creativity and keeps Nigeria ahead of the digital curve.’
I am excited at the multi-stakeholder approach to an exercise which in the last edition was so contentious that nobody is particularly surprised that the result – the Code – has roundly been trounced in court, which in a way makes it difficult for the regulator to carry out some needed regulatory activities.
The Code is regarded as the Bible of broadcasting in Nigeria. It has largely been so. Since the first edition in 1993, the Code is so carefully structured and written, detailing out step by step approach to broadcasting by Nigerian broadcasters and even foreigners that have chosen to do broadcast business here. It protects the integrity of the industry in particular and all-round health of the nation at large.
The Code had a history and functionality that could hardly be faulted. The 6th edition released on July 4, 2019, came in a cloud of controversies and affected actions that equally remained controversial. Writing in the Preface to the Code, the Director-General at the time, Is’haq Modibbo Kawu, said ‘’the background of the 2015 elections in Nigeria, which saw the democratic transfer of power from an incumbent government to the opposition for the first time in Nigeria, exposed problems which the application of the 5th Edition of the Code had not sufficiently captured.”
Such tendentious feeling of inadequacy in the Code created a gambit for some people embedded in the new government to introduce some materials with personal predilections and created a suspicious overhang that would trouble it without end. The Code became harsh and seemingly punitive, far beyond what had previously been experienced. The reviewed edition of the 6th edition became even more controversial and troubling.
The Code makes generous provisions for local content and the nation’s creatives, suggesting ample opportunities to monetize products from the sector but that still did not insulate the document from facing scrutiny with people raising their voices or running to the law for protection.
Chapter Six which focusses on Sports Rights has been very contentious. The Chapter outlaws Exclusivity, leading to litigations that were won and lost although no party seems to be giving up.
Section 6.2.1 says “Nigeria shall not be bundled into the same basket with other countries in the sale of football rights.”
There is a fervent stream of patriotism flowing through the lines, but it has worked both ways; hurting and also restoring some grit feeling of patriotism.
However, Section 6.2.5 is the one that brims with fire. It says: “To ensure fair and effective competition to all platforms at an agreed fee, rights owner, operators or exclusive licensee to Live Sporting Events shall offer the rights to Broadcasters on the different platforms inclusive but not restricted to the platforms stated below: Satellite (DTH), Multipoint Microwave Distribution System (MMDS), Cable (Fibre Optics), DTT (Terrestrial), Internet, Mobile, Internet Protocol Television (IPTV) and Radio.”
The Chapter is bogus and arbitrary, even tending to literally fix prices for products it has no control over. What happens in the programmes market when a broadcaster is pitching for programmes? Is it according to jurisdictions and does the licensee have the powers to sub-lease beyond and above the agreement with the content owners? There is much that can be done with this Chapter and I firmly believe that the opportunity is availing itself to do so.
The Code contemplates societal peace, respect for persons and harmonious living. Under Professional Rules which is a subsect of General Programming Standard, the Code says: “No broadcaster shall encourage or incite to crime, lead to public disorder or hate, be repugnant to public feelings or contain offensive reference to any person or organisation, alive or dead or generally be disrespectful to human dignity (3.1.1).
“Broadcasting shall promote human dignity, therefore, hate speech is prohibited (3.1.2).
There was always something about Hate Speech which the Code banished from daily broadcast practices. However, during and after the quasi-Code review in 2020, perhaps for personal reasons and understanding, or more from a political party perspective as the inspired curators of the meaning of Hate Speech, the two words were weaponized with a Hate Speech offence attracting N5m fine, up from N500,000.
There was outrage. The Minister of Information and Culture, Alhaji Lai Mohammed would say, “But, as it currently stands, the 6th edition and the amendments, which we are unveiling today, remain the regulations for broadcasting in Nigeria.’’
That is true but the courts would also have their say. In a matter filed by the Socio-Economics Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development (CJID), concerning the N5m each placed on Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited and and TelcCom Satellite Limited for airing a particular documentary which the NBC claimed glamourized banditry, Justice Nicholas Oweibo of the Federal High Court, Lagos, said, “A declaration is hereby made that the defendants lack the legal power and authority to impose penalty unlawfully and unilaterally, including fines, suspension, withdrawal of license or any other form of punishment whatsoever on the independent media houses for promoting access to diverse opinions and information on issues of public importance.”
The court also said that the provisions of the NBC Act and the Nigeria Broadcasting Code which were being used by the regulator to harass broadcasters were inconsistent with the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples Rights and Article 19 of the International Covenant on Civil and Political Rights, and were therefore null and void.
June 2022, a Federal High Court, sitting in Lagos, had ruled that the NBC lacked the power to prohibit exclusivity on privately acquired programmes, and also nullified the reviewed Code. The 6th edition of the Code was being taken through the legal processes and had been found wanting by the courts.
I will suggest that the review session will have to revisit this part of the Code and let’s see whether there will be anything different.
There was the huge talk about the social media, which wasn’t misplaced at all. The Buhari government, more than any other government, was frenetic and too finicky about the social media, especially following the #EndSars debacle. The reviewed Code requested Online/Web broadcasters to register with the NBC. I totally agree. There has to be some documentation process for the system to know who is doing what. Abuse of processes, medium and technologies need to be checked in order to create peace in a nation.
But here is my final observation although I may have to return to the Code review at some point. It is not so much about the Code; it is the abuse of power that must be checked. The 6th edition of the Code and its reviewed edition were made in the image and likeness of some people in and near government, and their imprimatur is evident all over the document.
Some of these guys are still lurking in the shadows, I must tell you. Since the NBC has started the process well by calling for inputs from stakeholders, I want to appeal that the regulator rises above obstructive squabbles and individual and even industry pranks, to create a good document. The 7th edition of the Nigeria Broadcasting Code needs a humanization in order to make the document a reference point.
- Aihe writes from abuja