BROADCASTING LAW IN NIGERIA
Broadcasting means any transmission of programmes on radio or television for reception by the public by means of a receiving apparatus. It is an activity of enormous political and social significance. For many people broadcasting constitutes their principal source of information and entertainment.
The history of radio broadcasting in Nigeria began in 1933 when the then Colonial Government introduced Radio Broadcasting (RB) into Nigeria. RB relayed the overseas service of the British Broadcasting Corporation through wired system with loudspeakers at the listening end. The service was called Radio Diffusion System, RDS. Subsequently, the Nigeria Broadcasting Service (RDS) later emerged in April 1950. However, in April 1957, the Nigerian Broadcasting Corporation, NBC came into being through an Act of Parliament No. 39 of 1956. And by 1978, the Nigerian Broadcasting Corporation was re-organized, with the merger of the Broadcasting Corporation of Northern Nigeria, BCNN with the NBC stations in Lagos, Ibadan and Enugu to become the present Federal Radio Corporation of Nigeria, FRCN. Prior to the merger, the NBC was instructed to handover its stations that broadcast on Medium Wave frequencies in the State Governments and it took over Short Wave Transmitters from the States.
HISTORY OF BROADCASTING SERVICES IN NIGERIA
Broadcasting means any transmission of programmes on radio or television for reception by the public by means of a receiving apparatus. It is an activity of enormous political and social significance. For many people broadcasting constitutes their principal source of information and entertainment.
The history of radio broadcasting in Nigeria began in 1933 when the then Colonial Government introduced Radio Broadcasting (RB) into Nigeria. RB relayed the overseas service of the British Broadcasting Corporation through wired system with loudspeakers at the listening end. The service was called Radio Diffusion System, RDS. Subsequently, the Nigeria Broadcasting Service (RDS) later emerged in April 1950. However, in April 1957, the Nigerian Broadcasting Corporation, NBC came into being through an Act of Parliament No. 39 of 1956. And by 1978, the Nigerian Broadcasting Corporation was re-organized, with the merger of the Broadcasting Corporation of Northern Nigeria, BCNN with the NBC stations in Lagos, Ibadan and Enugu to become the present Federal Radio Corporation of Nigeria, FRCN. Prior to the merger, the NBC was instructed to handover its stations that broadcast on Medium Wave frequencies in the State Governments and it took over Short Wave Transmitters from the States.
Television broadcasting in Nigeria started in Western Nigeria in October 31, 1959 when the Premier of Western Region, Chief Obafemi Awolowo, in partnership with the Overseas Rediffusion Limited, launched the first television station in Africa at Ibadan, alongside another small transmitter of 500 watts power at Abafon near Ikorodu. In 1960, the Eastern Region government set up its own television service (Eastern Nigeria Television Service); and this was followed by Radio Television Kaduna, established by the former Northern Nigerian Government as an arm of the Broadcasting Company of Northern Nigeria (BCNN) in March, 1962. In the same year, the Western Region government took full control of the WNBS/WNTV by buying over all the shares held by the Overseas Rediffusion Ltd, while the Federal Government, a month later, established the Nigerian Television Service (NTS) in Lagos. The NTS later changed its name to NBC/TV. The Federal Military Government of Nigeria under General Olusegun Obasanjo (as he then was) took over the television stations in Nigeria in 1978 and changed its name to Nigeria television authority (NTA). Of course, the creation of states in 1967 and 1976 to 12 states and later 19 states respectively, the Midwest Television took the lead in this regard, when it came on air in 1973 in Benin City. Soon, there were television stations in Jos, Kano, Port Harcourt, and Sokoto, which were state capitals.
In 1992, the federal government under General Ibrahim Babangida deregulated the broadcast industry by granting license to private individuals and organisations to set up radio and television broadcasting stations. Since then there has been a proliferation of radio and television stations across the country as we have them today.
Broadcasting law is a well-developed subject in many European jurisdictions and in the United States. A fundamental assumption which underpins broadcasting law is that broadcasting, unlike the press, should be subject to a degree of special regulation beyond the general law of libel, confidentiality, obscenity, and so on. In that respect, broadcasting laws often impose duties on licensees to be impartial and not to take an editorial line; there is also a standard requirement in many jurisdictions that broadcasters show a certain proportion of material produced in those countries. Given the significance of broadcasting to the viewer and society, the viewing experience should be at the centre of policymaking, regulation and legislation.
Clearly technological innovations such as the internet have combined with the emergence of digital television to produce an increasingly diverse set of „offerings‟ for consumers, but although internet broadcasting remains for the most part in its infancy, at the same time the introduction of interactive services on digital TV has led to a narrowing of the divide between what is „online‟ and what is „TV‟
2.2 WHY REGULATE BROADCASTING
The central question is: Why should radio and television be subject to a significantly greater degree of regulation than that applied to newspapers and other media, for example, the theatre and (in some countries) the cinema? Broadcasters must be impartial and must show news and (usually) some other serious programmes, whereas the press is free to publish what it wants, subject only to the constraints of the criminal and civil law. There are three principal rationales put forward in the academic literature to justify broadcasting regulation. The first is that, because the airwaves are a public resource, the government (or some agency on its behalf) is entitled to license their use for broadcasting on the terms it sees fit. A similar argument has been deployed in respect of cable broadcasting, where an authority must give permission before roads can be dug up for laying cable..
The history of radio broadcasting in Nigeria began in 1933 when the then Colonial Government introduced Radio Broadcasting (RB) into Nigeria. RB relayed the overseas service of the British Broadcasting Corporation through wired system with loudspeakers at the listening end. The service was called Radio Diffusion System, RDS. Subsequently, the Nigeria Broadcasting Service (RDS) later emerged in April 1950. However, in April 1957, the Nigerian Broadcasting Corporation, NBC came into being through an Act of Parliament No. 39 of 1956. And by 1978, the Nigerian Broadcasting Corporation was re-organized, with the merger of the Broadcasting Corporation of Northern Nigeria, BCNN with the NBC stations in Lagos, Ibadan and Enugu to become the present Federal Radio Corporation of Nigeria, FRCN. Prior to the merger, the NBC was instructed to handover its stations that broadcast on Medium Wave frequencies in the State Governments and it took over Short Wave Transmitters from the States.
HISTORY OF BROADCASTING SERVICES IN NIGERIA
Broadcasting means any transmission of programmes on radio or television for reception by the public by means of a receiving apparatus. It is an activity of enormous political and social significance. For many people broadcasting constitutes their principal source of information and entertainment.
The history of radio broadcasting in Nigeria began in 1933 when the then Colonial Government introduced Radio Broadcasting (RB) into Nigeria. RB relayed the overseas service of the British Broadcasting Corporation through wired system with loudspeakers at the listening end. The service was called Radio Diffusion System, RDS. Subsequently, the Nigeria Broadcasting Service (RDS) later emerged in April 1950. However, in April 1957, the Nigerian Broadcasting Corporation, NBC came into being through an Act of Parliament No. 39 of 1956. And by 1978, the Nigerian Broadcasting Corporation was re-organized, with the merger of the Broadcasting Corporation of Northern Nigeria, BCNN with the NBC stations in Lagos, Ibadan and Enugu to become the present Federal Radio Corporation of Nigeria, FRCN. Prior to the merger, the NBC was instructed to handover its stations that broadcast on Medium Wave frequencies in the State Governments and it took over Short Wave Transmitters from the States.
Television broadcasting in Nigeria started in Western Nigeria in October 31, 1959 when the Premier of Western Region, Chief Obafemi Awolowo, in partnership with the Overseas Rediffusion Limited, launched the first television station in Africa at Ibadan, alongside another small transmitter of 500 watts power at Abafon near Ikorodu. In 1960, the Eastern Region government set up its own television service (Eastern Nigeria Television Service); and this was followed by Radio Television Kaduna, established by the former Northern Nigerian Government as an arm of the Broadcasting Company of Northern Nigeria (BCNN) in March, 1962. In the same year, the Western Region government took full control of the WNBS/WNTV by buying over all the shares held by the Overseas Rediffusion Ltd, while the Federal Government, a month later, established the Nigerian Television Service (NTS) in Lagos. The NTS later changed its name to NBC/TV. The Federal Military Government of Nigeria under General Olusegun Obasanjo (as he then was) took over the television stations in Nigeria in 1978 and changed its name to Nigeria television authority (NTA). Of course, the creation of states in 1967 and 1976 to 12 states and later 19 states respectively, the Midwest Television took the lead in this regard, when it came on air in 1973 in Benin City. Soon, there were television stations in Jos, Kano, Port Harcourt, and Sokoto, which were state capitals.
In 1992, the federal government under General Ibrahim Babangida deregulated the broadcast industry by granting license to private individuals and organisations to set up radio and television broadcasting stations. Since then there has been a proliferation of radio and television stations across the country as we have them today.
Broadcasting law is a well-developed subject in many European jurisdictions and in the United States. A fundamental assumption which underpins broadcasting law is that broadcasting, unlike the press, should be subject to a degree of special regulation beyond the general law of libel, confidentiality, obscenity, and so on. In that respect, broadcasting laws often impose duties on licensees to be impartial and not to take an editorial line; there is also a standard requirement in many jurisdictions that broadcasters show a certain proportion of material produced in those countries. Given the significance of broadcasting to the viewer and society, the viewing experience should be at the centre of policymaking, regulation and legislation.
Clearly technological innovations such as the internet have combined with the emergence of digital television to produce an increasingly diverse set of „offerings‟ for consumers, but although internet broadcasting remains for the most part in its infancy, at the same time the introduction of interactive services on digital TV has led to a narrowing of the divide between what is „online‟ and what is „TV‟
2.2 WHY REGULATE BROADCASTING
The central question is: Why should radio and television be subject to a significantly greater degree of regulation than that applied to newspapers and other media, for example, the theatre and (in some countries) the cinema? Broadcasters must be impartial and must show news and (usually) some other serious programmes, whereas the press is free to publish what it wants, subject only to the constraints of the criminal and civil law. There are three principal rationales put forward in the academic literature to justify broadcasting regulation. The first is that, because the airwaves are a public resource, the government (or some agency on its behalf) is entitled to license their use for broadcasting on the terms it sees fit. A similar argument has been deployed in respect of cable broadcasting, where an authority must give permission before roads can be dug up for laying cable..
By government using its licensing powers to purchase broadcasters' constitutional rights of free
speech, it appears that broadcasters do not really enjoy the same constitutional rights of free speech
as individuals talking in a bar or leafleting in a high street. So, while newspaper proprietors and
editors, for example, enjoy the same rights of freedom of speech individuals speaking in their homes
and gardens, the freedom of broadcasters to speak and to draw up their own programme schedules
may legitimately be limited.
The second rationale is that, the frequencies for broadcasting, it is said, are very limited. It is impossible for everyone to acquire a licence to broadcast or to enjoy access to air his or her views on radio or television (whether public or private). Therefore, government may reasonably require licensees to share their privilege with other representative members of the public, and may compel them to present a balanced range of programmes in the interests of listeners and viewers. In short broadcasters' rights may properly be regulated. Of course, the scarcity argument is much less tenable today than it used to be. Cable and satellite have significantly increased the number available or potentially available channels, so that there are more casting outlets than there are daily newspapers (national and local) though it is harder to calculate the respective numbers of television radio stations and specialist magazines.
The third major argument for the differential treatment emphasises the character of the broadcasting media. Television and radio, it is said, are more influential on public opinion than the press, or at least are thought to be so. That is, that they intrude into the home, are more pervasive and are more difficult to control than the print media. In particular it is hard to prevent children from being exposed to broadcasts, while it is relatively easy to stop them looking at magazines and which in any case they may not be able to read or purchase. Much more time is spent watching television than reading; further, the presence of sound and picture in the home makes it an exceptionally potent medium. It may also be harder to stop children having access to 'adult material' on television than to pornographic magazines. However, it could be argued that broadcasting does not intrude into the home unless listeners and viewers want it to. From the point of view of constitutional principle, it is not easy to justify the imposition of greater limits on the medium on the ground that it is more influential than the written word. It cannot be right to subject more persuasive types of speech to greater restraints than those imposed on less effective varieties.
Broadcasting law is a well-developed subject in many European jurisdictions and in the United States. A fundamental assumption which underpins broadcasting law is that broadcasting, unlike the press, should be subject to a degree of special regulation beyond the general law of libel, confidentiality, obscenity, and so on. In that respect, broadcasting laws often impose duties on licensees to be impartial and not to take an editorial line; there is also a standard requirement in many jurisdictions that broadcasters show a certain proportion of material produced in those countries. Given the significance of broadcasting to the viewer and society, the viewing experience should be at the centre of policymaking, regulation and legislation.
Clearly technological innovations such as the internet have combined with the emergence of digital television to produce an increasingly diverse set of „offerings‟ for consumers, but although internet broadcasting remains for the most part in its infancy, at the same time the introduction of interactive services on digital TV has led to a narrowing of the divide between what is „online‟ and what is „TV‟
2.3 LEGISLATIVE FRAMEWORK FOR THE OPERATION OF BROADCAST INDUSTRY IN NIGERIA
Broadcasting is regulated in Nigeria by the National Broadcasting Commission (NBC) which was created in 1992 with the promulgation of the National Broadcasting Commission Decree 38. This decree, which brought an end to 60-year government‟s monopoly of broadcasting by opening the door for private participation through ownership and operation in the broadcasting sector, was amended in 1999 by National Broadcasting Commission (Amendment) Decree No 55. However, when Nigeria returned to civilian rule in 1999, the amended decree became an Act of Parliament and is now referred to as National Broadcasting Commission Act.
The second rationale is that, the frequencies for broadcasting, it is said, are very limited. It is impossible for everyone to acquire a licence to broadcast or to enjoy access to air his or her views on radio or television (whether public or private). Therefore, government may reasonably require licensees to share their privilege with other representative members of the public, and may compel them to present a balanced range of programmes in the interests of listeners and viewers. In short broadcasters' rights may properly be regulated. Of course, the scarcity argument is much less tenable today than it used to be. Cable and satellite have significantly increased the number available or potentially available channels, so that there are more casting outlets than there are daily newspapers (national and local) though it is harder to calculate the respective numbers of television radio stations and specialist magazines.
The third major argument for the differential treatment emphasises the character of the broadcasting media. Television and radio, it is said, are more influential on public opinion than the press, or at least are thought to be so. That is, that they intrude into the home, are more pervasive and are more difficult to control than the print media. In particular it is hard to prevent children from being exposed to broadcasts, while it is relatively easy to stop them looking at magazines and which in any case they may not be able to read or purchase. Much more time is spent watching television than reading; further, the presence of sound and picture in the home makes it an exceptionally potent medium. It may also be harder to stop children having access to 'adult material' on television than to pornographic magazines. However, it could be argued that broadcasting does not intrude into the home unless listeners and viewers want it to. From the point of view of constitutional principle, it is not easy to justify the imposition of greater limits on the medium on the ground that it is more influential than the written word. It cannot be right to subject more persuasive types of speech to greater restraints than those imposed on less effective varieties.
Broadcasting law is a well-developed subject in many European jurisdictions and in the United States. A fundamental assumption which underpins broadcasting law is that broadcasting, unlike the press, should be subject to a degree of special regulation beyond the general law of libel, confidentiality, obscenity, and so on. In that respect, broadcasting laws often impose duties on licensees to be impartial and not to take an editorial line; there is also a standard requirement in many jurisdictions that broadcasters show a certain proportion of material produced in those countries. Given the significance of broadcasting to the viewer and society, the viewing experience should be at the centre of policymaking, regulation and legislation.
Clearly technological innovations such as the internet have combined with the emergence of digital television to produce an increasingly diverse set of „offerings‟ for consumers, but although internet broadcasting remains for the most part in its infancy, at the same time the introduction of interactive services on digital TV has led to a narrowing of the divide between what is „online‟ and what is „TV‟
2.3 LEGISLATIVE FRAMEWORK FOR THE OPERATION OF BROADCAST INDUSTRY IN NIGERIA
Broadcasting is regulated in Nigeria by the National Broadcasting Commission (NBC) which was created in 1992 with the promulgation of the National Broadcasting Commission Decree 38. This decree, which brought an end to 60-year government‟s monopoly of broadcasting by opening the door for private participation through ownership and operation in the broadcasting sector, was amended in 1999 by National Broadcasting Commission (Amendment) Decree No 55. However, when Nigeria returned to civilian rule in 1999, the amended decree became an Act of Parliament and is now referred to as National Broadcasting Commission Act.
The NBC Act, under section 2(1), empowers the NBC to carry out a wide range of activities such as
advising the federal government on policy implementation on broadcasting; processing and
recommending broadcasting licence applications to the president through the information minister;
undertaking research and development; establishing an industry code and setting standards;
addressing public complaints; upholding equity and fairness; promoting indigenous cultures and
community life; measuring audiences and penetration levels; harmonising government policies on
trans-border transmission and reception; monitoring for harmful emission, interference and illegal
broadcasting; determining and applying sanctions; approving transmitter power, station‟s location,
coverage areas and equipment types; and carrying out other activities necessary for the discharge of
its functions. The Act also empowers the NBC to charge fees and levies.
Licensing of a broadcaster “shall be subject to availability of broadcast frequencies.” (Section 9(2) of the NBC Act). And, according to section 13(1)(g) of the Act, “The commission shall have the power with respect to any licence granted under Section 9 of this Decree to prescribe an appropriate fee payable.”
The supplementary legislation, NBC (Amendment) Decree (now Act) 55 of 1999, empowers the NBC under section 2(c) to perform the following additional functions: ensuring manpower development through broadcast curricula and programme accreditation; arbitration in industry conflicts; ensuring adherence to laws, rules and regulation on foreign and local capital participation in broadcasting; serving as national legislative and regulatory consultants on broadcasting issues (that is, being the agency of reference for advice to government on broadcasting matters); and guaranteeing and ensuring the liberty and protection of the industry with due respect to the law.
The regulatory activities of the NBC, of course, cover both the Federal and state broadcasters. However, the full regulatory powers and institutional independence of the NBC are circumscribed by a number of provisions in the NBC Act. For example, various superintending powers over the NBC are given to the information minister: Section 6 empowers the minister to give “directives of a general character” to the commission, and “it shall be the duty of the commission to comply with such directives.” And should the NBC decide to borrow funds, section 17 stipulates that the minister‟s consent must be obtained. According to section 19, the NBC must prepare and submit its annual report, including audited accounts, to the minister. In section 20, the making of regulations by the NBC for the purpose of giving effect to the provisions of the Act must receive the minister‟s approval. Moreover, the president has power to remove any member of the commission “if he is satisfied that it is not in the interest of the commission or in the interest of the public that the member should continue in office.” (Section 4(4) of the NBC Act)
Constitutionally, Chapter IV, Section 39(1) of the Constitution of Nigeria 1999 as amended, guarantees freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference from anyone. It further states in section 39(2) that: Without prejudice to the generality of subsection 1 of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions.
With regard to broadcasting, however, the same subsection goes on to make an important exception:
Provided that no person, other than the government of the Federation or of a state or any other person or body authorized by the President on the fulfilment of conditions laid down by an act of the National Assembly, shall own, establish or operate a television or wireless broadcasting station for any purpose whatsoever.
This section thus empowers the president (and not an independent regulator) to license broadcasters.
Licensing of a broadcaster “shall be subject to availability of broadcast frequencies.” (Section 9(2) of the NBC Act). And, according to section 13(1)(g) of the Act, “The commission shall have the power with respect to any licence granted under Section 9 of this Decree to prescribe an appropriate fee payable.”
The supplementary legislation, NBC (Amendment) Decree (now Act) 55 of 1999, empowers the NBC under section 2(c) to perform the following additional functions: ensuring manpower development through broadcast curricula and programme accreditation; arbitration in industry conflicts; ensuring adherence to laws, rules and regulation on foreign and local capital participation in broadcasting; serving as national legislative and regulatory consultants on broadcasting issues (that is, being the agency of reference for advice to government on broadcasting matters); and guaranteeing and ensuring the liberty and protection of the industry with due respect to the law.
The regulatory activities of the NBC, of course, cover both the Federal and state broadcasters. However, the full regulatory powers and institutional independence of the NBC are circumscribed by a number of provisions in the NBC Act. For example, various superintending powers over the NBC are given to the information minister: Section 6 empowers the minister to give “directives of a general character” to the commission, and “it shall be the duty of the commission to comply with such directives.” And should the NBC decide to borrow funds, section 17 stipulates that the minister‟s consent must be obtained. According to section 19, the NBC must prepare and submit its annual report, including audited accounts, to the minister. In section 20, the making of regulations by the NBC for the purpose of giving effect to the provisions of the Act must receive the minister‟s approval. Moreover, the president has power to remove any member of the commission “if he is satisfied that it is not in the interest of the commission or in the interest of the public that the member should continue in office.” (Section 4(4) of the NBC Act)
Constitutionally, Chapter IV, Section 39(1) of the Constitution of Nigeria 1999 as amended, guarantees freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference from anyone. It further states in section 39(2) that: Without prejudice to the generality of subsection 1 of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions.
With regard to broadcasting, however, the same subsection goes on to make an important exception:
Provided that no person, other than the government of the Federation or of a state or any other person or body authorized by the President on the fulfilment of conditions laid down by an act of the National Assembly, shall own, establish or operate a television or wireless broadcasting station for any purpose whatsoever.
This section thus empowers the president (and not an independent regulator) to license broadcasters.
Furthermore, subsection 3(a) lays the constitutional basis for the regulation of broadcasting and
telecommunications in general: Nothing in this section shall invalidate any law that is reasonably
justified in a democratic society –
For the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films.
Chapter II of the Constitution deals with „Fundamental Objectives and Directive Principles of State Policy‟. These are listed in detail in sections 13 to 21 and range from the overarching goal „to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity‟, to ensuring that „all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment‟. Section 22 refers specifically to the role of the media in regard to these objectives and principles of state policy:
The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the Government to the people.
Convergence dictates that the 3 arms of communications – telecommunications, information technology and broadcasting – should be regulated from a single point. Under its establishment law, the NBC currently has the mandate to regulate only broadcasting. Telecommunication is regulated by the Nigerian Communications Commission (NCC) while information technology falls under the National Information Technology Development Agency (NITDA). The newly established Ministry of Communications Technology has set its sight at achieving regulatory convergence. A new national ICT policy has since been drafted in 2012 to facilitate the achievement of this objective.
2.4 COMPARATIVE PERSPECTIVE OF NATIONAL AND INTERNATIONAL BROADCASTING SERVICES
(a) Broadcasting Freedom
Broadcasting freedom entails freedom from state or government control and it would appear to preclude the banning of particular programmes or types of programme on the basis of their contents. Broadcasting freedom in essential to democracy and has to be protected in so far as its exercise promotes the goals of free speech: an informed democracy and the lively discussion of a variety of views. In liberal societies, including the US, the UK, Germany, France and Italy, broadcasting freedom is considered to be as important a value as freedom of the press has been for the last two or three centuries. Indeed, the European Court of Human Rights has held severally that broadcasting, like the press, is covered by Article 10 of the Convention guaranteeing the right to freedom of expression.
The Nigeria Broadcasting Code issued by the National Broadcasting Commission (NBC), as provided for by 2(i)(h) of the National Broadcasting Commission Act No. 38 of 1992 (as amended), is the prime programming document for all broadcasting organisations – be they state or private, radio or television. The Code sets out a number of broad and more specific requirements that all broadcasters need to comply with. On broadcasting freedom, the Code recognises the relationship between broadcasting and freedom of expression, stipulating that “the broadcaster may exercise as much freedom as possible in programming without breaching societal values.” (Principle 1.1(f))
(b) Private Broadcasting
At its inception, broadcasting in virtually every country was a state or public monopoly. This is true of almost all the jurisdictions across the world, with the exception of the United States, where from the outset radio and television were operated by private undertakings. Today almost all European countries now permit private broadcasting, driven by technical developments, in particular the foundation of cable networks and the arrival of satellite television. Britain has enjoyed commercial television since 1955 and local commercial radio since 1973. In France the state broadcasting monopoly was not abolished until I982, though the first private television franchises were only issued four years later.
For the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films.
Chapter II of the Constitution deals with „Fundamental Objectives and Directive Principles of State Policy‟. These are listed in detail in sections 13 to 21 and range from the overarching goal „to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity‟, to ensuring that „all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment‟. Section 22 refers specifically to the role of the media in regard to these objectives and principles of state policy:
The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the Government to the people.
Convergence dictates that the 3 arms of communications – telecommunications, information technology and broadcasting – should be regulated from a single point. Under its establishment law, the NBC currently has the mandate to regulate only broadcasting. Telecommunication is regulated by the Nigerian Communications Commission (NCC) while information technology falls under the National Information Technology Development Agency (NITDA). The newly established Ministry of Communications Technology has set its sight at achieving regulatory convergence. A new national ICT policy has since been drafted in 2012 to facilitate the achievement of this objective.
2.4 COMPARATIVE PERSPECTIVE OF NATIONAL AND INTERNATIONAL BROADCASTING SERVICES
(a) Broadcasting Freedom
Broadcasting freedom entails freedom from state or government control and it would appear to preclude the banning of particular programmes or types of programme on the basis of their contents. Broadcasting freedom in essential to democracy and has to be protected in so far as its exercise promotes the goals of free speech: an informed democracy and the lively discussion of a variety of views. In liberal societies, including the US, the UK, Germany, France and Italy, broadcasting freedom is considered to be as important a value as freedom of the press has been for the last two or three centuries. Indeed, the European Court of Human Rights has held severally that broadcasting, like the press, is covered by Article 10 of the Convention guaranteeing the right to freedom of expression.
The Nigeria Broadcasting Code issued by the National Broadcasting Commission (NBC), as provided for by 2(i)(h) of the National Broadcasting Commission Act No. 38 of 1992 (as amended), is the prime programming document for all broadcasting organisations – be they state or private, radio or television. The Code sets out a number of broad and more specific requirements that all broadcasters need to comply with. On broadcasting freedom, the Code recognises the relationship between broadcasting and freedom of expression, stipulating that “the broadcaster may exercise as much freedom as possible in programming without breaching societal values.” (Principle 1.1(f))
(b) Private Broadcasting
At its inception, broadcasting in virtually every country was a state or public monopoly. This is true of almost all the jurisdictions across the world, with the exception of the United States, where from the outset radio and television were operated by private undertakings. Today almost all European countries now permit private broadcasting, driven by technical developments, in particular the foundation of cable networks and the arrival of satellite television. Britain has enjoyed commercial television since 1955 and local commercial radio since 1973. In France the state broadcasting monopoly was not abolished until I982, though the first private television franchises were only issued four years later.
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