Interrogating the 6th Nigerian Broadcast Code

What informed the actions of broadcasting regulator National Broadcasting Commission (NBC) that recently ran into stormy waters with some privately-owned broadcasting organisations and other players in the ecosystem? The broadcasting services regulator released the sixth version of the broadcasting code without the input of players in the system. The players find the provisions of the new law repugnant because they claim it could shut their businesses. The brouhaha around the 6 th Code came as my third-year mass communication class was examining the legal and policy environment of media practice in the course Current Issues in African Media. We took it on board for interrogation. I wore the hat of educator and journalist, then called the Director General of NBC to hear their side of the story.

The draft of the 6 th Code covered these areas: broadcasting standards, licensing, programming standards, programmes, and news and current affairs. It also included rules on sports rights, advertising, sponsorship, and infomercial. It also covered community broadcasting, network broadcasting, pay subscription broadcasting, and broadcast signal distribution. The other areas are technical, complaints and sanctions.

The contentious provisions are in the Amendment added and released this year. Former Managing Director of the News Agency of Nigeria Ba yo On a nu ga chaired the Committee on Reform of Broadcasting while I dacha bach aired the implementation committee that fine tuned the final document. Key areas centre on anti-competitive objectives, web/ online broadcasting, and character of Local Content. Other areas are music, sports rights, and the acquisition of sports rights. Then rules on production of advertising for local goods and services, unpaid advertisement rates, anti-competition, and national emergencies.

The content ions concern the provision of the 6 th Code on intellectual property rights, programme licensing and competition. The concerned players include IrokoTV,E bony Life TV, Net fl ix, Amazon, and Africa Magic. Others are all the indigenous producers of television content as well as those in the distribution chain. Some players produce sporting content such as Super Sport and local producers.

Compulsory sub-licensing is a significant contention. The Code states :“Every broadcast er must license its broadcast and/ or signal rights in any genre of programming to another broadcast erin Nigeria if:

-The genre of p rog ram(s)enjoy(s) compelling viewer ship by Nigerians;

-It relates to a product or service that is objective ly necessary to be able to compete effectively on a downstream market;

-It is likely to lead to the elimination of effective competition on the downstream markets; and -The refusal is likely to lead to consumer deprivation. Any platform that contravenes this provision will be given the chance to comply or risk a fine of N 10 million ($25,773).

The Code prohibits a broadcaster or licensee from entering into agreements, concerted practices or taking decisions“which have as their object and intend ment the prevention, restriction or distortion of competition in, or in any part of, the broadcast media industry in Nigeria; and… no broadcast er or licensee shall enter into any form of broadcasting rights acquisition either in Nigeria or anywhere in the world to acquire any broadcasting right(s)insuc ha manner as to exclude persons, broadcasters or licensee sin Nigeria from sub-licensing the same ”( Section 9.0.1). Such exclusive agreements or decisions are void( Section9.0.2).

The Code impose san obligation on sports and news broadcasters to sub license premium content to other broadcasters for a fee and, if the broadcaster refuses to license, the NBC can comp el it to do so.

It means, for example, that while Multi choice can bid for and obtain broadcasting rights for the Premier League, it can not enter into an agreement or make a decision that prevent sit from sub licensing those broadcasting rights to domestic TV stations( such as NT A ). The person with an exclusive broadcasting license has earned the copyright to that service. Lawyers assert that as far as competition policy is concerned, a licensee should generally be free to refuse to license other firms and to restrict the exploitation of IP either to itself or itss elected licensee(s ).

The 6 th Code stipulates the production of advertising in Nigeria for local goods and services. It says“the intention is to stimulate growth in the advertising spend which accrues to the broadcasting industry ”. My students agreed with this provision for the promise of future job openings. The Broadcast era) Shall ensure that all television and radio advertisements for airing on all broadcast platforms, shall be produced in Nigeria. Applies to goods and services of Nigeria no rig in,b) Shall not transmit adverts produced by foreign entities.

Inflation also happened to the sanctions NBC imposes. It amended Section 15.1.1. Light fines moved up from N 200,000- N 500,000, heavy penalties from N 500,000 to N 4,999,000 and severe sanctions from N5m and above.

Professor I dacha base es only astor min a teacup rather than in the ocean. I sent a text message, and he indicated a time to call the next day and promptly answered his call.

The summation. National interest alone is the guiding philosophy of the amendments to the code. I dacha ba said the 6 th Code would give opportunities to more players in the industry .“We agree that if you invest money, you should get your money. But there is also a national imperative that you should share. We believe that in sharing you are also elevating Nigerian culture, elevating our traditions, and expanding the base for entrepreneurship. Other ancillary entrepreneurs will also share in the profit soft he economic venture.”

What do you say to all those who have raised a cudgel to say NBC wants to kill broadcasting? I dacha ba responded ,“Now you are the journalist and the intellectual. You have listened tome. Is there anything here that stifles investment?

“It is greed. Essentially greed. They are not even talking to the regulator. They said at a point that we are going to fix prices. Look, I will send you the regulation if there is anywhere we said we are going to set prices. Even in this policy, we expect that the owners of rights will negotiate with interested people. Those who are interested will pay. It is not free. It is at the market level.

“But we are saying that we have a responsibility to directly through policy intervene to galvani se our local economy .”

Will the provisions of the6h Coded am pen the many positive development sin Nigerian broadcasting, particularly the entertainment segment? Net fl ix is planning Nigerian originals with Ebony Life TV, Iroko TV is expanding, and much more. While the debate raged, contrastingly, Ebony Life TV announced on June 23 end to its DST V. It now wants to extend to Star Times. End of argument?

The full interview will run in this medium. Meanwhile, allto sit down sans emotionalism to sort out the content ions. If that fails, there are other a venues for dispute resolution, including litigation. Paramount is the growth of broadcasting as the young people look forward to careers in the industry and the promise of digit is at ion.

Because broadcasting is pervasive and influential, citizens should also contribute. What are your thoughts, dear reader and citizen, on the issues of no exclusivity, compulsory sub-licensing and sharing of content as well as its implications for copyright and intellectual property?