A Legal Analysis of the Amendments to the Sixth Edition of the Nigeria Broacasting Code

Abstract

The National Broadcasting Commission (the “NBC”) is an agency of the Federal Republic of Nigeria, established by Section 1 of the National Broadcasting Commission Act, CAP NII, Laws of the Federation of Nigeria, 2004 (the “Act”). The NBC is saddled with the responsibilities of, inter alia, regulating and controlling the broadcasting industry in Nigeria. The NBC is vested with the power to establish and disseminate a National Broadcasting Code (the “Code”) pursuant to Section 2(h) of the Act. The Code is aimed at setting standards as regards the content and quality of materials for broadcast in Nigeria. In exercise of this power, the NBC published the 6th edition of the Code in 2019. On 26th March 2020, following the recommendations of the Committee on the reforms of the NBC and the approval given by President Muhammad Buhari, the NBC issued amendments (the “Amendments”) to the Code. Notwithstanding the seeming nobility of the intendment of the Amendments, some of its provisions have been arduously criticized by stakeholders in the broadcasting sector. Criticisms ranging from encroachment on the freedom of parties’ right to enter into contracts; restriction of licensees of the NBC and broadcasters largely; the exclusivity over their content; intellectual property rights; stifling of the works of creatives and so on. This article seeks to examine the Amendments, its objectives and the legal issues which may arise from enforcement of certain amendments to the Code, especially as it affects the Pay-Tv and movie industry in Nigeria, and other attendant issues.