AN APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK FOR BROADCASTING INDUSTRY IN NIGERIA: A CASE STUDY OF NATIONAL BROADCASTING COMMISSION (NBC) - UNIPROJECTS

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AN APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK FOR BROADCASTING INDUSTRY IN NIGERIA: A CASE STUDY OF NATIONAL BROADCASTING COMMISSION (NBC)

AN APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK FOR BROADCASTING INDUSTRY IN NIGERIA: A CASE STUDY OF NATIONAL BROADCASTING COMMISSION (NBC)

ABSTRACT

Broadcasting Organisations are not perceived as watch-dogs of the society promoting transparency, accountability and good governance for socio-economic and infrastructural development. Works of Broadcasting Organisations are generally construed in narrow term confining its works to the propagation of government policies and programmes. This problems still prevails despite the need for change that necessitated for paradigm shift in the role of Broadcasting organisation. An objective of this dissertation is to educate and enlighten the public on the roles of Broadcasting Organisations toward promoting unity, peaceful coexistence, transparency and accountabilities, socioeconomic and infrastructural development for good governance in Nigeria. Using the doctrinal method of research the dissertation bring out the role of Broadcasting Organisations in the 21st century in Nigeria. The dissertation found that Broadcasting organisation become agents of disseminating government selfish interest which contribute to lack of credibility among Nigerians. The Nigerian Broadcasting organisation should change towards performing it duties as watch-dog of the society to ensure sustainable development and the legislature should amend laws that hinders the operations of Broadcasting Organisations. Broadcasting organisation should channel their activities towards disseminating the voices of common man for solutions to their problems. It should also served as link between the government and the people towards peaceful and sustainable development devoid of selfish interest.

CHAPTER ONE:

GENERAL INTRODUCTION

1.0 Background to the Study ………………………………………………… 1

1.1 Statement of Problems ……………………………………………………………. 3

1.2 Aim and Objectives of the Study ………………………………………… 4

1.3 Scope of the Study ………………………………………………………. 5

1.4 Research Methodology …………………………………………………… 5

1.5 Justification of the Study……………….………………………………… 5

1.6 Literature Review ………………………………………………………… 6

1.7 Organization Layout ……………………………………………………… 8

CHAPTER TWO: HISTORICAL DEVELOPMENT OF BROADCASTING LAW IN NIGERIA

2.1 Introduction ……………………………………………………………….. 10

2.2 History of Broadcasting in Nigeria ………………………………………… 10

2.3 Development of Broadcasting in Nigeria …………………………………. 12

2.3.1 Pre-Independence Period …………………………………………………. 12

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2.3.2 Post-Independence Period..……………………………………………….. 13

2.3.3 Development of Broadcasting Under the Military …………………….. 14

2.4 Era of Privitisation of Broadcast Media in Nigeria ………………………. 17

CHAPTER THREE: BROADCASTING REGULATION IN NIGERIA

3.1 Introduction ……………………………………………………………… 22

3.2.1 Legal Framework for Broadcasting under the National Broadcasting Commission Act 23

3.2.2 Power of the Commission to Grant Licence ……………………………. 26

3.2.3 Power of the Commission to Revoke Licence ………………………….. 30

3.2.4 Consequences of Revocation …………………………………………… 30

3.2.5 Fines …………………………………………………………………….. 31

3.3 Legal Framework for Broadcasting under the Constitution of Nigeria …. 32

3.4 National Broadcasting Commission Code as a Legal Framework

for Broadcasting in Nigeria ……………………………………………….. 38

3.4.1 Licencing ………………………………………………………………… 41

3.4.2 Community Broadcasting ……………. ………………………………… 44

3.4.3 Sanction …………………………………………………………………. 45

3.5 Legal Framework of Broadcasting under the Freedom of Information Act 46

3.6 Legal Framework under the Nigerian Communication Act ……………… 54

3.6.1 Application for Licence ………………………………………………….. 59

3.6.2 Power for Revocation of Licence …………………………………………. 59

3.7. Legal Framework for Broadcasting under the Wireless Telegraphy Act … 60

3.7.1 Licence Required for use of Wireless Telegraphy ……………………….. 60

3.7.2 Licence Required for dealing in Wireless Telegraphy Apparatus ……….. 61

3.7.3 Grant of Licence …………………………………………………………… 61

3.7.4 Regulation as to Wireless Telegraphy …………………………………….. 62

3.8 Institutional Framework for Broadcasting in Nigeria …………………… 64

3.8.1 National Broadcasting Commission ……………………………………… 65

3.8.2 Broadcasting Organisation of Nigeria …………………………………… 67

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CHAPTER FOUR: CHALLENGES OF NATIONAL BROADCASTING COMMISSION IN REGULATING BROADCASTING IN NIGERIA

4.1 Introduction ……………………………………………………………… 68

4.2.1 Challenges of Politic in Broadcasting …………………………………… 68

4.2.2 Challenges of Copy Right in Broadcasting ……………………………… 70

4.2.3 Challenges of Enforcement of Sanction …………………………………. 73

4.2.4 Challenges of Establishing Community Broadcasting ………………….. 74

4.2.5 Challenges of Poor Production of Programmes ………………………….. 75

4.2.6 Challenges of Digital Technology ………………………………………… 76

4.2.7 Challenges of Commercialisation …………………………………………. 78

4.2.8 Challenges of Broadcasting under the Social Media Era …………………. 79

CHAPTER FIVE: SUMMARY AND CONCLUSION 5.1 Summary ………………………………………………………………….. 83 5.2 Findings …………………………………………………………………… 86

5.3 Recommendations ……………………………………. …………………. 88

5.4 Conclusion ………………………………………………………………… 89

Bibliography ………………………………………… ……………………. 91

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CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background of Studies

Communication plays critical roles in our society, ever since the invention of language, man has evolved socially, politically and technologically in leap and bounds. It is convincible that the society would not achieved sustainable development without communication, as human society development and become so complex so do nature and role of communication. It become apparent that the society was not a monolithic but a conglomeration of conflicting interest and concerns, on the one hand you have the ruling class on the other hand you the rest of the society which was subdivided into smaller group. Mass media is the channel of communication which is divided into two, the broadcasting organisations and the press but dissertation would focused on broadcasting organisations.

Broadcast is to disseminate information through mechanical means, simultaneously to a wide area and heterogenous audience made up individual within and outside a society.1

Broadcast law is the field of law that pertains to broadcasting. These laws and regulations pertain to radio stations, Television stations and are also considered to

1 Oxford Advance Learners Dictionary 8th edition University Press, p.178

include closely related services like cable TV, cable radio as well as satellite radio and satellite TV. National Broadcasting Commission was established to regulate Broadcasting Industry which pave way for private entrepreneur to express ideas and experiences that will enrich his life and help him live in a complex dynamic life.

The legal instrument, the Decree2 that established the National Broadcasting Commission has provides for its functions and the National Broadcasting Commission Act takes cognizance of the development in the industry regarding technology operators and attempts to regulate the industry to meet the socioeconomic, political, technological and operational dictates of the society.

It is probably not contentious to say that one of the most highly valued of the fundamental liberties guaranteed to members of a free and democratic society is the freedom of expression. The liberty to comment freely and publicly on matters of common concern is in alienable right of membership of a free society. The liberty of discussion is the right to make critical observations and useful suggestions without at the same time subverting the continued existence of the governing authority. 3 The right to make comment has as its correlative, a duty not to subvert where the consequence of a comment is an incitement to change the government and the means advocated for it must adhere to the legitimate methods prescribed by the society itself.

The liberty of discussion is guaranteed within these limits in the interest of the state and the citizen. This is why the constitution of the federation provides that everyone is entitled to freedom of expression, including freedom to hold opinion and to receive and impact ideas and information without interference. 4

2 Decree 38 of 1992 3 Gani F., Nigerian Press Law, (1969), Nigerian Law Publication Ltd. Lagos, Nigeria p. 67 4 S.39(1) of 1999 Constitution as amended

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Every citizen has an inherent right to give every public matter a candid, full and free discussion. While the constitution guarantees free speech it also insist that the freedom should not be exercised against the interest of the society which has granted it. The desire to censor or limit information is universal urged that‟s hard to condone as it is impossible to eliminate, but it is not only government who practice it, there are other monopolies exercise by powerful individuals, groups, religious organisation and by commercial interest often for selfish reason, as we all known control over Broadcasting means control over the society and intellectual freedom of man. Broadcast industry in Nigeria albeit an offspring of its environment has always struggled to assert its independence. If an efficient modern broadcasting is to thrive in Nigeria then such a practice must be viewed against the back ground of Nigerian, historical social and political realities.

1.2 Statement of Problems

The effectiveness or otherwise of the various legal regimes in Nigeria regulating Broadcasting law and practice in Nigeria. Whether the NBC as the apex regulator is performing its statutory duties as provided under the NBC Act and the challenges. Adequacy or inadequacy of various legal instruments regulating Broadcasting practice in Nigeria/need for review to accommodate new trends in this 21st century. Absence of abundant and sufficient literature in the field of Broadcasting law and practice. It‟s a novel area as evidenced by little or no judicial precedents. Whether various broadcasting outlets lincensed and operating in Nigeria abide with the broadcasting codes and other ethics of the profession as laid down by statutes/level of compliance.

1.3 Aim and Objectives of the Study

This work is set to achieve the following purposes: Examine the nature of legal regulation on broadcasting in Nigeria by broadcasting regulation. Examine the effect or otherwise of the application of the broadcasting code to the broadcasting operations in Nigeria. It is also aimed at making those exercising their freedom of speech to be cautious not to infringe on the rights of others and the society at large. It is also aimed at xraying the legal and institutional framework for broadcasting in Nigeria towards providing broadcast industry that will meet the international standard. It is also aimed at enlightening the broadcasting organization on the need to strike a balance between parties so as to maintain fairness while discharging their duties. 1.4 Scope of the Study The scope of this research is basically to cover legal and institutional frame work for Broadcasting in Nigeria and to discuss the historical development of broadcasting law in Nigeria, the evolution and function of National Broadcasting commission as well as the challenges face by media organization in Nigeria. The dissertation will cover the period from 2012 – 2017.

1.5 Research Methodology

The method to be used for this dissertation involves doctrinal method of research for the collection and analysis of data and information. Doctrinal research would involve gathering of research material by consulting books, statute, and cases to analyze their findings for suggestions and recommendations.

1.6 Justification of the Study

These theses become necessary in view of the perception of Nigerians on the role of media law. In the 20th Century there is the need for change of this perception about media organization, Nigerians need to understand the Education, Enlightenment and Entertainment responsibilities which media organization owes to Nigerians. To make media organization established control mechanisms in its working to avoid enforcement of sanction through due process of law. To educate the public and the media organizations on the need to safeguard the rights of individuals and the society at large. The dissertation would also educate the public on the functions and challenges faced by the National Broadcasting Commission in the discharge of its constitutional responsibilities. To make lawmakers have a rethink on some laws that impact negatively on regulation of media practice in Nigeria. The Dissertation would enlighten media organization in Nigeria to move with the global trend associated with the discharge of their duties in accordance with the law. It is also expected to benefits the Judges, Lawyers, Journalist, Legislators, Student of law and Journalism, Sociologist, Legal Luminaries, Academicians and the public in general.

The expected outcome of this dissertation is to educate, enlighten and broaden the knowledge of Nigerians on the modern trend of journalism which become necessary to entail a change in the old attitude to meet the global standard, Western Europe and united states media organization have taking a giant leap forward in which Media organization are actively involved in the formulation of

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government policies and serves as independent monitors for effective implementation of those policies. 1.7 Literature Review

Some respectable Nigerian scholars have written extensively on media law in Nigeria. Yemi Osinbanjo and Kodingan Fogam in their book Nigeria Media Laws5 have given an extensive expose on media law such as the liberty of press, freedom of expression under the constitution and its limitations, press law and restriction, access to government information as well as the National Broadcasting Commission establishment and duties in regulating media organization and enforcing media law in Nigeria.

In B.N. Ekweluwa, Nigerian Press Law6 discuss extensively on source of media law In Nigeria modern Journalism and the law, ethics of the profession and freedom of media against globalization policy.

Also in his book Mike Egbon Journalism in two world a comparative study of press freedom in America and the Nigerian mass media7 talk extensively on freedom of expression in historical perspective, concept of press freedom ethical consideration, mass media and Assault on press freedom in Nigeria.

In a book edited by T.O. Elias title law and ethics of media law practice8 discussed on evolution of press law in Nigeria, constitutional guaranty and restriction of performance of press, ethics of Journalism. Media Association and offences committed by media organizations, legal requirement for publishing newspaper, defamation and the media, contempt of court, report of parliamentary and judicial proceedings. Also in his book Ifedayo Daramola, law and ethics of media practice discussed extensively on ethics of journalism profession in Nigeria.

5 Osinbanjo Y. and Fogam K. Nigeria Media Law, (1999) Gravital Publishing Ltd. Lagos 6 B.N. Ewelukwa, Nigeria Press Law, (2004) Varsity Publishing Ltd. Onitsha 7 Egbon, M. Journalism in Two World (2001) Tamaza Publishing Ltd. Zaria 8 Elias, T.O. Nigerian Press Law (1969) Evans Brothers Publishing Ltd. Lagos

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In National Broadcasting Commission publication, broadcast regulation in Nigeria9 discusses the origin of broadcast history of broadcasting the establishment of Broadcasting Commission, its duties and challenges, National Broadcasting Code, Broadcast Regulation in Nigeria. The book also extensively discussed commercialization era of broadcasting, the role broadcasting in democracy. The book captured broadcasting and crisis management, election coverage, as well as coverage of religious and communal crisis. The book also discussed characteristics of foreign broadcast stations, direct satellite broadcasting and globalization of broadcasting as well as broadcasting technology in Nigeria.

Also in National Broadcasting Commission Publication. Deregulation of broadcasting in Africa, 10 the book discusses on broadcasting and the challenges of party politics, history of broadcasting in Nigeria which is practically the history of Nigerian politics, the British government setup the broadcasting in the 1930‟s with the stated objectives of promoting local and imperial interest and early operation were carried out by regular civil servants under the public relation Department of Government.

Gani Fawehinmi in his book Nigerian law of libel, 11 discuss how to determine libel, publication to public and private interest, defence of qualified privilege, damages and instances of actionable libel. The book also discussed on how to succeed in an action for libel against the writer of a script used for broadcasting which requires the plaintiff to produce the script. It also explained that an oral broadcasting without written script is slander and is not actionable without special damage alleged and proved.

The dissertation will further discuss on areas that were not covered by the above writers such as the freedom of information Act (2011).

9 Broadcast Regulation in Nigeria (2002) NBC Pub Abuja 10 Deregulation of Broadcasting in Africa (1997) NBC Pub, Lagos 11 G. Fawehinmi Nigerian Law of Libel (1996) Nigerian Law Publication Lagos, Nigeria

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1.8 Organizational Layout The work is made up of five chapter, chapter One, which is the opening chapter give the general introduction to the work, it outline statement of problems, aims and objective, Justification for the research, it scope, the research Methodology used, the literature review and the organization layout of the work. Chapter two contains the history of broadcasting in Nigeria from its inception to present day. It discusses the pre-independence broadcasting, post-independence broadcasting, development of broadcasting under the military and broadcasting under the era of privatization. Chapter three discusses on various legal framework for broadcasting in Nigeria. It contains the constitutional framework, legal framework under the National Broadcasting Act, the National Broadcasting Code as legal framework for broadcasting in Nigeria and freedom of information. It also discussed National Broadcasting Commission as regulatory framework for Broadcasting in as in Nigeria. Chapter four highlighted the challenges faced in regulating broadcast industries in Nigeria. The dissertation identified challenges of enforcement, commercialisation, political interference, poor production of programmes, and analogue transmission of broadcast, copyright as some of the challenges facing broadcasting in Nigeria. The chapter will also try to provide solution to some of the challenges discussed. Chapter five is the concluding chapter, it summarizes the work, state the findings of the research, make recommendation and conclusion.

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