How NBC Code MayTruncate Mo Abudu’s Netflix Deal
The broadcast code recently issued by the National Broadcasting Commission (NBC) may truncate the recently signed partnership between the United States streaming service, Netflix, and Mo Abudu’s EbonyLife TV.
The partnership to create two original series and Netflixbranded films was announced last week as part of Netflix’s continued expansion into Africa. Its announcement, however, coincided with the loud disapproval of the sixth NBC Code by prominent creative industry figures, who lashed out at provisions on exclusivity and undisguised attempt to legislate prices at which content will be sub-licensed among other issues.
Broadcast industry sources explained that sections 9.0.1 to 9.0.3 of the code, which proscribe exclusivity, make content sharing with competitors mandatory and the NBC the final arbiter in the event of a disagreement over content prices between the rights owner and a licencee on areas that will occupy the attention of Netflix.
A content creator, Tosan Igbene, explained that Netflix goes into exclusive-only partnerships, and as such, may consider pulling the plug on the deal with EbonyLife TV if the NBC begins to implement the code.
He said: “Since the code prohibits exclusivity, it means that whatever EbonyLife TV produces could end up on other platforms. That will negate the exclusive agreement. Importantly too, Netflix will hesitate at the prospect of the NBC determining what price it should charge as sub-licencing fees. The fact is that these sections and the whole code, as well as produced without stakeholders’ consultation will kill the Nigerian broadcasting industry.”
Another content creator, Boye Dare, contended that no investor will fold its arms and watch a regulation jeopardise its investments.