broadcasting laws in nigeria

5.2 CONCLUSION Based on the findings of the research, the study shows that the National Broadcasting Commission (NBC) has comprehensive laws capable of regulating broadcasting in Nigeria. However, the commission may likely be overstepping its regulatory boundaries. (2) The term of copyright conferred by this section shall be calculated according to the table set out in the First Schedule to this Act. Uncertain and democracy by any other than the writing and abuja. Thus the commission, in totality, is bringing all forms of online broadcasting within its control. He also has special focus on the protection of business or brands’ intellectual property rights ( such as trademark, patent or design) across Africa and other foreign jurisdictions.He is well versed on issues of ESG (sustainability), media and entertainment law, corporate finance and governance.He is also an award-winning writer. The Broadcasting Organization of Nigeria, BON was created as part of efforts aimed at regulating broadcasting in Nigeria. Please enter your username or email address to reset your password. Broadcast. The Internet in Nigeria is still the least developed broadcasting channel. The implication of this is that all online broadcasting or streaming services existing in Nigeria must not only be registered and licensed by the NBC, but must also comply with any programming standards issued by the NBS. broadcasting. It is possible to do away with the services of collective management organisations (collecting societies) in most part of the world including Nigeria, where there is a copyright law or regime. It is hoped however that these measures do not become counter-productive as to promote international media startups at the expense of local ones. What does NBC want to resolve? Tonnie O Iredia PhD Department of Mass Communication, Nasarawa State University Keffi tonnie.iredia@yahoo.com Abstract: A quarter of a century after the establishment of a regulatory authority for broadcasting in Nigeria, Currently, it takes between $26,000 to $52,000 to process a TV or radio license in Nigeria, a license which must also be renewed every 5 years. But the broadcasting industry continues to be regulated and guided to date by a range of laws including the Wireless Telegraphy Act, the National Broadcasting Commission Decree and its Amendment, the Nigerian Television Authority Act, the Federal Radio Corporation of Nigeria When policies raise questions and provide no answers, there is certainly something wrong. Has there been any report by the licensed DTH operators and pay-TV of unfair market conduct or anti-competitive conduct? It is also the exclusive right granted by a statute to an author (i.e., an artist, writer, publisher, musician, performer, photographer, architect, film maker, and sculptor) of certain […] Notwithstanding that the law by which it was established [the National Broadcasting Commission Act (1999 as amended)] authorises it to regulate and control the broadcast industry in Nigeria, and consequently establish and issue a national broadcasting code as well as set standards with regard to the contents and quality of materials for broadcast, the law does not however permit it to invade the market, and on its own discretion decide what market competition and monopoly entails. In Nigeria, the National Broadcasting Commission, NBC, was established by Decree 38 of 1992, to register, regulate and control broadcasting in Nigeria. Nearly four years after Nigeria ’s broadcast media code (6th edition) was published in 2016, the country’s National Broadcasting Commission (NBC), in charge of regulating and controlling its broadcast industry has released new amendments to the code. Broadcasting makes up about 80.4 % of this number, followed by motion pictures, music and sound recording and production at 11.9%. The reason: Nigeria is a former British colony and currently practices the presidential system of government after the United States … Notify me of follow-up comments by email. Digitization is a technological innovation that will change the scope of radio and television broadcasting in this country and beyond. There are unanswered questions regarding the provision on anti-competition. “It also makes provisions for increased advertising revenue for local broadcast stations and content producers. Required fields are marked *. The new amendment entirely deleted provisions on public broadcasting in Nigeria and replaced it with anti-competition rules. An application for licence addressed to the Director General of the commission. Telecommunications Law a nd Regulation in Nigeria xxix makers, legislators, consumers, operators, investors, and any person interested in the Nigerian telecommunications i ndustry. Is there anything wrong with competition? The National Broadcasting Commission Act 2004- NBC regulates and governs the broadcasting sector such as radio, television of the media industry in Nigeria. Read more. The NBC, which was established in 1992 under the National Broadcasting Commission Act 1992) (“the Act”), NBC is vested with the responsibility of regulating and controlling the broadcast industry in Nigeria. Sharia, meaning "way" or "path" in religious law of Islam, has been in Nigeria for a long time. Outlining the terms of reference, Lai Mohammed said the committee was to look at the Nigeria Broadcasting Code as well as existing broadcasting laws, in relation to hate speech, inciting … While a properly drafted recital is very useful in explaining the … 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. ii. “Such programmes shall be given prominence during family times and shall not be less than 120 minutes per transmission day,” the rule reads, in part. Preferably, this should be part and parcel of a comprehensive process of repealing all laws which unduly restrict freedom of expression …” had also issued the Companies Income Tax (Significant Economic Presence) Order, 2020, Broadcasting makes up about 80.4 % of this number, National Broadcasting Commission Act (1999 as amended), Federal Competition and Consumer Protection Commission, https://afrikanheroes.com/2020/06/10/two-nigerian-startups-get-200000-investment-from-harambe-entrepreneur-alliance/, Raise Launches End-to-End Fundraising Platform for African Startups, South African Startup LifeCheq Raises Funding From VC Firm Futuregrowth, North African Startups Attract Sawari Ventures and Algebra Ventures $150 Million Stake, How Egypt’s Fintech Raised $18.5m in One Fell Swoop, Gulf of Guinea: IMO, ECOWAS Partners to tackle insecurity, Nigeria’s SEC moves against investment platforms trading foreign securities, Nigeria Regulates Foreign Stock-trading Startups Out Of The Country. INTRODUCTION A copyright is a legal right that grants the creator of an original work exclusive right to its use and distribution, usually for a limited time. This gives all the stakeholders, those for and against, the opportunity to make inputs. Nigeria: Employment & Labour Laws and Regulations 2021. NII, laws of the Federation, 2004 and vested with the responsibilities of, amongst other things, regulating and controlling the broadcasting Industry in Nigeria. Furthermore, the right to grant exclusive or non-exclusive licenses to copyright in broadcast materials are protected rights under the Nigerian Copyrights Act, and also inherently protected under the Nigerian Constitution. Even though the Nigerian Copyrights Commission is already empowered to be responsible for all matters related to copyrights in music and sound recording in Nigeria, the new rules mandate all broadcast services, online or not, to obtain permission and clearance for use and properly compensate owners of musical works. This it can do by setting minimal rules that will support its nascent startup ecosystem (that houses some of its more than 55.4 percent of unemployed youth population) to thrive. Read Also: Problems and Prospects of Government O… means the Broadcasting Authority established by article 118 of the Constitution; Whether online broadcast media would be regulated or not has always been a matter of time, however it is only appropriate that new rules establish new licensing fee schedules and lower licensing fees for broadcast media of such nature. The new rules would also stifle creativity and innovation and encourage mediocre contents especially as there is no longer reward for hard work. With this, the rules may be making reference to numerous radio and television stations targeting specific audience, or trying to avoid discussing some of Nigeria’s controversial public trends in a country that ranks 115 out of 180 countries on the World Press Freedom Index. The new rules proceeded to give the NBC large discretionary powers to determine whether an agreement restrains competition and creates monopoly, including but not limited to deciding whether the broadcaster has a large market share. Instead of granting broadcast rights to premium sports and news content exclusively to select Pay TV platforms of their choice, the commission has now mandated all such rights to be placed on wholesale, buy-able by any Pay TV platforms (broadcaster) provided a request in writing to that effect has been made and on non-exclusive basis. Synopsis : Broadcasting in Nigeria written by Edetaen Ojo, published by Anonim which was released on 17 March 2021. The National Broadcasting Commission is a parastatal of the Federal Government of Nigeria established by Section 1 of the National Broadcasting Commission Act, Cap. The NBC Reforms Implementation Committee concluded its job and submitted its report to the minister last November. Civil sharia law has been enshrined in the various Nigerian constitutions since independence. Also, some programmes are commissioned and produced by the operators. (a) an individual who is a citizen of, or is domiciled in Nigeria; or (b) a body corporate incorporated by or under the laws of Nigeria. Appropriate withdrawn or study law Although the government wants to go ahead with the implementation of the recommendations on the new NBC code, there are contending areas, which need to be looked at. National Broadcasting Commission. constitutional law nigeria, or intergovernmental body of representatives shall be paid for the seat. Executive or persons no constitutional law in nigeria may require an option to the lines. Advertising in Nigeria is regulated by the combination of federal, state laws, subsidiary legislation and guidelines. It demands the adoption of Sharia law in all of Nigeria. While this may encourage more players in the industry, especially innovative startups, big players may likely cut down on their investment in the Nigerian market if their earnings are substantially affected, especially as most of the premium sports and news broadcasters in Nigeria are headquartered outside the country. National Broadcasting Commission (NBC) as the regulator of broadcasting business in Nigeria, has powers to grant and revoke licenses of broadcasting organisations including television, sound, radio, cable and satellite stations. The provisions of this law, called 1956 Nigerian Broadcasting Corporation Ordinance -, stated that “the corporation could carry on all such activities as may appear “requisite, advantageous or convenient” and could erect, maintain wire distribution services”. Failure to do so will result in the payment of a fine of ₦10,000,000 ($26,000). This is against the constitutional provision for freedom of speech. Against this backdrop, the National Broadcasting Commission, NBC, (the regulatory body for broadcasting in Nigeria) set June 2012 as the switchover date for Nigeria (Aihe2008, p.1). Nigerians have called for the redefining of laws guiding local media following the recent suspension of the operating license of a popular broadcast station in the country. Major stakeholders, on their part, have faulted the proposed amendment. Different rules apply to different products with the three main agencies being the Advertising Practitioner’s Council of Nigeria (APCON), the National Agency for Food and Drug Administration and Control (NAFDAC) and the National Broadcasting Commission (NBC). If allowed to stand, this may be a major disruption in the Nigerian broadcast media industry where government-owned broadcast media are generally seen as out of touch with modern trends and technologies and foreign media outlets are accepted as more credible, trustworthy and contemporary. By the terms of the order, a 7.5% VAT rate is imposed on a foreign entity which offers digital services and which has Significant Economic Presence in Nigeria. (2) The term of copyright conferred by this section shall be calculated according to the table set out in the First Schedule to this Act. Enabling law-the National Broadcasting Commission Act No. First, the government wants to start implementation before calling for stakeholders’ meeting. Pendency of nigeria or any business of muslims to nigerian law and Customary Law … Of course, for this to be effective overall, it cannot not be done as an isolated legal strategy and in a manner suggesting a deliberate attempt to subvert Nigerian laws. The broadcasting of the work by radio, cable or satellite. The National Broadcasting Commission (NBC) recently released the Amendment to the 6th Edition of the Nigerian Broadcasting Code (“the Amendment”). 38 of 1992 as amended. It significantly creates restrictions for monopolistic and anti-competitive behaviour in the broadcast industry in Nigeria.’’. While inaugurating the reforms implementation committee, Minister of Information and Culture, Alhaji Lai Mohammed, had declared that reforms of the broadcasting industry became necessary owing to unprofessional and unethical conduct of some broadcast stations, among others. Notwithstanding that the law by which it was established [the National Broadcasting Commission Act (1999 as amended)] authorises it to regulate and control the broadcast industry in Nigeria, and consequently establish and issue a national broadcasting code as well as set standards with regard to the contents and quality of materials for broadcast, the law does not however permit it to … Not sure of return on investment, operators would not be forthright in their investments into such areas as acquiring unique content, which would attract new subscribers and retention of existing ones. How would NBC determine “fair market”? Also curious is the fact that public broadcast media have been completely excluded in some parts of the new rules. The main laws that govern real estate in Nigeria are: The Constitution of the Federal Republic of Nigeria 1999 Cap C23, Laws of the Federation of Nigeria (“LFN”) 2004 (as amended) which guarantees the right of every Nigerian to own and acquire real property/estate in any part of the country. It is important to note that while the violation of rights by the musical artiste under the Nigerian Copyrights Act could amount to both civil and criminal liabilities for the offender, especially where commercial use is made of the work, violation of the NBC code could lead to suspension of the broadcaster’s license to operate until rectification of the violation is made. Under this heading we have the legislations which... Newspapers Laws of selected states of the Federation and the Obscene Publications Act. According to the acting director-general of the NBC, Prof. Idachaba, the proposed amendments would protect and promote the local broadcast industry against monopoly and raise advertising revenue. Post author: admin; Post published: July 11, 2020; Post category: LawCarenigeria; The wide apprehension that the amended Code has caused is unnecessarily exaggerated from a legal standpoint. The Code sets out a number of broad and more specific requirements that all broadcasters need to … Few state as english laws of assembly shall not have a bid to. S.9 (1) C, NBC Act, LFN 2004 7. Reporting, Journalism, and online portals is quite sensitive in Nigeria. This is a sweeping amendment to the previous rules which were entirely silent on online broadcasting. Instead of following this process, the government is doing the reverse. Save my name, email, and website in this browser for the next time I comment. But this is not the first time this is happening. It is the easiest and most practicable way to harness and enjoy the huge rights granted by law to the creators of intellectual works. digitalization of the broadcasting media in Nigeria as the deadline for 2015 approaches. Perhaps, Nigeria needs to encourage more innovations in its broadcast media space rather than its current protectionist policies. For instance, while private/commercial broadcast media licenses go for between $26,000 to $52,000, licenses for broadcast media stations owned by government go for between $2,500 to $13,000. N136. S.9 (1) d, NBC Act, LFN, 2004 1.2 PROCEDURE FOR GRANT OF BROADCASTING LICENCES. The new rule then states that such broadcaster in a dominant position must cease, on being ordered by the NBC, from any conduct that threatens competition in the Nigerian broadcast space. Consequencies of planned defection of Zamfara gov to APC, Attitude change alone won’t fix election fraud, Kaduna expands testing capacity, as USAID donates vehicle, Group tasks Akeredolu on inclusiveness in state appointments, Gagdi, Gwallson, Vincent seek positive use of social media for national security, BREAKING: Polytechnic workers declare nationwide indefinite strike, UK mourns Chukwuma, CLEEN Foundation founder, Police rescue two-year-old twins locked up by mother in Ekiti, NSCDC discovers illegal diesel depot in Ondo, 2023: Yoruba should speak with one voice and support Tinubu – Adeyeye, Most Wanted drug baron in Nasarawa nabbed by NDLEA, FLASH: Imo Attack: Security beefed up as IGP arrives Owerri. Radio broadcasting in Nigeria remained the exclusive domain of government owned stations until 1992 when the broadcasting industry was deregulated in the country by the Military administration of General Ibrahim Babangida. Such provision as granting NBC power to determine sub-licence fees is unfair, as it does not take into account the terms of the initial licence agreement. 2 Laws on information and communications technology in Nigeria 2.1 The Wireless Telegraphy Act The Wireless Telegraphy Act (WTA) was initially enacted in 1961. These laws implemented in varying degrees and sometimes in breach have to a large extent held the Nigerian society together. She was Director of Legal Services at the UK Radio Authority and is a member of the UK’s Press Complaints Commission. telecommunications law. Arabian Journal of Business and Management Review (OMAN Chapter) Vol. 2 English law in Nigeria is derived from the colonial Nigeria, while common law is a development from its post colonial independence. 38 of 1992, which introduced private ownership of broadcasting stations, many questions, including with regard to state ownership and control of broadcasting remain to be finally resolved. of control and, or, the shape of regulation handed down to broadcasting organizations in Nigeria. Functions Of Nigerian National Petroleum Corporation (NNPC) Functions Cap. The previous rules only regulated physical apparatus and premises used for broadcasting while the newest amendment to the rules includes all persons wishing to operate web/online broadcasting services within the Nigerian territory. The Commission was set up on August 24, 1992 by Decree 38 0f 1992 later amended as an Act of the National assembly by Act 55 of 1999 and now known as National Broadcasting Commission Laws of the Federation 2004, CAP N11 to among other responsibilities, regulate and control the broadcasting … It made 26 recommendations, including the increase of fines from N500,000 to N5,000,000 for hate speech, inciting comments and indecency breaches, as well as the abolition of monopoly and anti-competition in the broadcast industry. Charles Rapulu Udoh is a Lagos-based lawyer who has advised startups across Africa on issues such as startup funding (Venture Capital, Debt financing, private equity, angel investing etc), taxation, strategies, etc. There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia Law. The bad eggs in the societies would be exposed and expunged from the societies, and when necessary with the force of law… Issues in broadcast licensing in Nigeria: An appraisal of the Enabling law-the National Broadcasting Commission Act No. Against this background, it has become necessary to assess the implications of the new rules for investors and startups playing in that space. N136. broadcasting; (n) determining and applying sanctions including revocation of licences of defaulting stations which do not operate in accordance with the broadcast code and in the public interest; (o) approving the transmitter power, the location of stations, areas of coverage as well as regulate types of broadcast equipment to be used; and 38 of 1992 as amended. The Commission was set up on August 24, 1992 by Decree 38 0f 1992 later amended as an Act of the National assembly by Act 55 of 1999 and now known as National Broadcasting Commission Laws of the Federation 2004, CAP N11 to among other responsibilities, … 3. The Nigerian Broadcasting service was established in 1950 and cover Kaduna, Ibadan, Enugu, Kano, and Lagos. Is there absence of competition at present? The Constitution of Nigeria is the supreme law of the country. Most importantly, the new rules further state that subscription-based services shall ensure that a minimum of 15% of their channel acquisition budget is spent on channels on local content. Simply put DSTV, a leading prime foreign sports broadcaster in Nigeria for instance, will not be allowed to show the English Premier League unless it acquires rights to and broadcasts 30% equivalent of the Nigerian Professional Football League. Apply for Broadcasting jobs in Nigeria • Explore 8.100+ new and current Job vacancies • Competitive salary • Full-time, Temporary, and Part-time Jobs • Fast & Free • Top employers in Nigeria • Broadcasting jobs is easy to find • Start your new career right now! In whose perspective is embarrassment defined? This amounts to jumping the gun. There are spelt out conditions/reasons for broadcasting licenses to … made in broadcasting in Nigeria with the promulgation of the National Broadcasting Commission Decree No. NII, laws of the Federation, 2004 and vested with the responsibilities of, amongst other things, regulating and controlling the broadcasting Industry in Nigeria. The committee was given six weeks to conclude its work. Agbo Kingsley Ndubuisi, board member, NBC. Read also:https://afrikanheroes.com/2020/06/10/two-nigerian-startups-get-200000-investment-from-harambe-entrepreneur-alliance/. The Nigerian broadcasting industry is currently undergoing a quiet revolution. (2) The term of copyright conferred by this section shall be calculated according to the table set out in the First Schedule to this Act. This is the most significant change introduced by the new rules. The anti-trafficking law prohibited the penalization of trafficking victims for unlawful acts committed as a result of being subjected to trafficking, including by armed groups. FI8.] [Cap. Cap. He said at an event: “You can now see that this reform is not a fluke. Efforts made at forming the Broadcasting Organizations of Nigeria (BON) dates back to 1973. LFN 2004. Any other contrary position may most likely be misunderstood by Nigerians as an attempt to limit their freedom of speech. Recall that the country’s Minister of Finance, Zainab Ahmed, had also issued the Companies Income Tax (Significant Economic Presence) Order, 2020 in pursuance of her power to do so under an amendment to the country’s Finance Act 2019. Jihadist group Boko Haram carries out abductions in Nigeria's turbulent north-east, as does a branch of Islamic State. 4. In such a case, why should it be an offence? The code did not consider that there are contents acquired through agreements that do not allow sub-licensing. Another significant introduction in this regard is the new requirement that no prime foreign sports content shall be transmitted in the Nigerian territory unless the owner of such content has also acquired prime local sports content of the same category with a minimum of 30% of the cost of acquiring the prime foreign sports content. Define broadcasting authority. The Broadcasting Organisations of Nigeria (BON) is a broad coalition of public and private broadcasters as the nation’s umbrella Union of Terrestrial Radio Television (Tv) Direct-To-Home (DTH) Digital Terrestial Television (DTT) Multimedia Distribution System (MMDS)Established in 1973, the Broadcasting Organisations of Nigeria is today comprised of over 100 members and they One obvious implication of the new rules is that, if implemented, the number of online broadcast services in Nigeria may drastically reduce; and a major streamlining of music catalogues by broadcast media to meet their budget may be also seen. BROADCASTING REGULATION Second Edition Eve Salomon Eve Salomon is an international media consultant and particular experience in broadcasting and press regulation. I, therefore, want to challenge your group (Filmic Group, made up of creative industry practitioners) and other stakeholders to continue to cooperate with the industry regulator in order to ensure faithful implementation of the recommendations.”, In defending the Nigeria Broadcasting Code (6th edition) proposed amendment, the NBC said the measure would not only reposition the broadcasting industry but also make it more responsive. The Act establishes the National Broadcasting Commission in Section 1 and empowers the Commission to regulate and control the broadcasting industry amongst others. S. 9 (1) b NBC Act, LFN 2004 6. The NBC said the amendment was, more or less, in national interest, but the aggrieved stakeholders insist that some of the provisions would stifle investment, among others. He also said the NBC would begin the implementation of the reforms. Section 14.5.1 (a) of the Nigeria Broadcasting Code in keeping with the need for the publics right to quality broadcasting further states that: ‘’the broadcaster shall transmit at a specific interval a standard announcement giving its audience the opportunity to complain about any aspect of its broadcast and conduct, at least once, during the morning, afternoon and evening belts;’’ NBC wishes to state that the … The provision on unconventional reportage is harsh. Truth can be embarrassing to the person who wants it hidden. ICLG - Employment & Labour Laws and Regulations - Nigeria covers common issues in employment and labour laws and regulations – terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights and business sales – in 35 jurisdictions ... any of the author is a citizen of Nigeria or domiciled in Nigeria or a body corporate incorporated under the laws of Nigeria. The Broadcasting Code is law, but it is not law in a vacuum. This is against international best practices. Save my name, email, and website in this browser for the next time I comment. The implication of the above rules is reduced revenue for the broadcasters; and a possible severe strain on the resources of broadcast media startups which usually, by the nature of their business, require substantial workforce, pay tax to government and renew their licenses. challenges of television broadcasting in a democratic dispensation: a study of nta, jos; perception of journalists in akwa ibom on digitalization of broadcasting industry in nigeria; assessment of newspaper readership of fashion pages in sunday punch, sunday vanguard and sunday sun among unilag students (1) Section 7 (1) of the Nigerian Television Authority Act and section 6 ( I) of the Federal Radio Corporation of Nigeria Act are hereby consequentially repealed. 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