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Angst as NBC Defends Controversial Broadcasting Code

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Operators and experts are expressing anger and frustration over the provisions of the 6th edition of the Broadcasting Code Amendment as issued by National Broadcasting Commission (NBC), that summarily outlaws exclusivity and makes investing in original content a waste of resources, fundamentally.

Angst as NBC Defends Controversial Broadcasting Code

Prof. Armstrong Idachaba, acting director-general of NBC

The NBC has however insisted that the broadcasting Code is to protect local operators, promote creativity and maximise local contents.

But the operators which the NBC claims to be protecting said the government agency’s plan is tantamount to “turning private enterprises into state property”.

Under the new code, NBC requires that all online broadcasters to be with it, prevent PayTV and streaming platforms from making content exclusive and compel them to sub-license content at prices it will regulate.

Jason Njoku, chief executive officer, iRokoTV, one of the top PayTV platforms in Nigeria, warned that the new law, if implemented, will destroy PayTV in Nigeria and alleged that NBC in compelling sub-licensing of content & regulating price, would effectively turn a private enterprise into state property.

Njoku said, “Nigeria Broadcasting Commission (NBC) in making exclusivity illegal, compelling sub-licensing of content & regulating price, are effectively turning the private enterprise into state property. Interference Distorts Markets. If implemented this 100% destroys PayTV in Nigeria.

“This our champagne socialism & zero input style of policymaking is the reason Nigeria is stunted in everything. I invest billions naira in content then I am compelled to share with everyone else as NBC sets the price. Why? Dark forces or incompetence is at play here. Ridiculous.”

He explained that if Tyson Fury and Anthony Joshua are to fight, and it is to be shown in Nigeria, that means the equivalent of 30% of the license costs need to be invested in an equivalent local sport. “Who will pay for that?” he inquired.

Also, Paradigm Initiative said the Code might set back innovation in the country’s digital space.

According the Paradigm Initiative, “The internet space in Nigeria is developing and innovation is to be encouraged,”.

“However, policies like this can greatly discourage the development of technology and technology-based services thereby creating an unfavourable environment for the kind of economic growth that is relevant in this age.” It said.

Elsewhere, Ayobami Oyeleke, policy expert and a lawyer explained that the NBC, which was created by a military decree in 1992 and later became an Act of the Nigerian National Assembly to regulate Nigeria’s broadcast industry, does not have the power to regulate copyrights of others.

He said that Nigeria’s Copyright Act allows a content producer to grant to distributors and that the NBC has no legal right to determine who shares what content or even fix certain prices.

He said, “The agency cannot correct a wrong with another wrong. For such code to be a success, it must approach the National Assembly to amend the Copyright Act. After three readings, the committee would hold a public hearing in that regard before that is done.”

Tosan Igbene, a content creator, also warned that the code may truncate Mo Abudu’s Netflix deal and many others in the works.

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.”

Boye Dare, another content creator, contended that no investor will fold its arms and watch a regulation jeopardise its investments.

“Netflix are here for business and they will not like anything that threatens their well-being. The NBC Code seeks to legislate on when and whom to sell to as well as the price. The code is a threat to the partnership with EbonyLive TV and of course, Nollywood,” Dare said.

But Prof. Armstrong Idachaba, acting director-general of NBC, said that the Code Amendment is to protect local operators, promote creativity and maximise local contents.

Idachaba, told the News Agency of Nigeria (NAN) in Abuja, that the amendment would benefit the media industry in the country as well as attract foreign investments in the digital space.

According to him, the amendment which is without bias will checkmate monopolistic and anti/competitive behavior and by extension enhance the local creative industry.

“The objectives behind the amendment is key and pivotal to the development of broadcasting in Nigeria and the reform of the industry.

“However, while the NBC acknowledge the mixed reactions by some interests to the release of the amendment, we consider them strategic and healthy for the growth and development of the broadcast industry in Nigeria.

“I want to sincerely commend those who have intellectualised and enriched the discourse with incisive and decent arguments both for and against.


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Simi to Feature on Glo Sponsored African Voices

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This week, the incredible talents of Nigerian singer, songwriter, and actress Simisola Bolatito Kosoko, better known by her stage name, Simi, will be highlighted on African Voices Changemakers, an interview program sponsored by Globacom on Cable News Network (CNN).

Simi began her career initially as a gospel singer. Her debut studio album, “Ogaju”, was released in 2008. After she got a record deal with X3M Music in 2014, she released the album “Tiff,” which was nominated for a 2015 Headies Best Alternative Song award.

Her debut studio album, “Omo Charlie Champagne”, Vol. 1, was released to mark her 31st birthday on April 19, 2019, and her second album, “Simisola”, was also released the same year. She became the CEO of her own label, Studio Brat, which she launched in June 2019.

Simi was one of the judges of the Season 7 of the Nigerian idol TV show in 2022.

Mother of a girl named Dejare, Simi married popular musician, Adekunle Gold in 2019 having graduated from Covenant University in Ota, Ogun State. Some of her works include “Joromi”, “Know You”, “Jericho”, and “Duduke”.

On Saturday at 8.30 a.m., the 30-minute magazine show will air on the global channel. Reruns can be seen on Saturday at noon, Sunday at 4.30 a.m., and Sunday at 7:00 p.m. Another rerun will air at 4 a.m. on Monday of the following week, 8.30 a.m. and 12 p.m. on Saturday, and 7 p.m. and 9.30 p.m. on Sunday.


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Canal+ Offer for MultiChoice Gains Shareholders’ Support

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Some MultiChoice shareholders have expressed relief at the offer by Canal+ to buy Africa’s pay TV giant for $2.9 billion, essentially viewing the potential deal as a vehicle for them to be rescued from an investment that has turned sour.

Canal+ Offer for MultiChoice Gains Shareholders’ Support

On April 8,, the deal inched closer to being cemented when the board of MultiChoice agreed to cooperate with Canal+, a sign that it was warming to a tie-up with France’s broadcasting conglomerate.

The board initially rejected the offer by Canal+ to buy the MultiChoice shares that it does not already own for R105 each, saying it was too low and undervalued the company’s growth prospects.

But MultiChoice has been convinced to reconsider its position after Canal+ improved the offer to R125 per share. Canal+ already owns 40.01% of MultiChoice shares on the JSE and wants to pay R35-billion to buy the rest of the company and take control of it.

The next big test is whether MultiChoice shareholders will support or reject Canal+’s offer, which requires support from 90% of shareholders to get the multibillion-rand deal over the line.

Daily Maverick canvassed the views of MultiChoice shareholders and industry players about the merits of the deal and whether they planned to throw their weight behind it when it comes up for a vote in the coming months.

Early indications are that some shareholders view the deal as a blessing and an opportunity to bail out from their investment in MultiChoice.

Before Canal+ made a move on MultiChoice, the latter’s share price had been down by 22% as its operations came under pressure from declining DStv subscriber numbers and intense competition from streaming services such as Netflix, Amazon Prime and Disney+.

Its earnings have also taken a hit of billions of rands because of the depreciation of African currencies against the US dollar, especially the Nigerian naira.

MultiChoice also had a run-in with regulators; in Nigeria, it ran into problems relating to outstanding tax payments. In South Africa, competitors including the SABC and eMedia (the owner of e.tv) have complained to regulators, accusing MultiChoice of anti-competitive behaviour and using its dominant position to restrict access to its broadcasting platforms and dictating restrictive licensing agreements.

The investment community response

Anthony Sedgwick, the cofounder of Abax Investments, was withering in his assessment of MultiChoice’s investment prospects. “Put frankly, we were relieved to see Canal+ finally step up and bail us out of the position,” he said.

According to MultiChoice’s latest annual report, Abax Investments held 0.34% of its shares. But Abax recently sold those shares, taking advantage of MultiChoice’s 25% share price jump since Canal+ initially tabled its buyout offer in February.

“We think Multichoice is a great business that produces an incredible variety of content, creates opportunities for so many talented people, supports a huge variety of good causes and is a real South African business champion.

“But it operates in unfriendly regulatory countries … and faces some headwinds from hard currency priced content and broadcast costs,” Sedgwick said.

Asief Mohamed, the chief investment officer of Aeon Investment Management, shared Sedgwick’s concerns about MultiChoice.

“My guess is that the other shareholders will likely accept the R125 offer. Governance has for a long time been a concern of some shareholders, including ourselves,” Mohamed told Daily Maverick.

MultiChoice’s latest annual report puts Aeon’s shareholding in it at 0.43%.

Merits of the deal

Canal+ has argued that the aim of buying MultiChoice would be to combine both businesses to create an entertainment giant that can survive a market facing intense competition and declining advertising revenue.

A combined Canal+ and MultiChoice will boast media businesses in many African countries, from South Africa and Nigeria to Senegal and Cameroon.

Not all investors are pessimistic about MultiChoice, its business fundamentals and investment prospects. In fact, when MultiChoice ran into tax troubles in Nigeria in July 2021, which precipitated a steep decline in its share price (to a low of R115), Argon Asset Management saw it as a buying opportunity. It bought MultiChoice shares and has since maintained its holding in the company to about 0.41%.

Asked why Argon remained bullish about MultiChoice, the asset management firm’s equity analyst, Richard Court, said: “Simplistically, there are two parts to MCG [MultiChoice Group]. There is the mature South African business, which, for the most part, was highly profitable and cash-generative.

“Then there is the business that MCG is building in the rest of Africa, which was actually a drag on profitability, and it was still quite small in the life of MCG from a bottom-line perspective. Nigeria takes up a lot of the bandwidth.

“We think the market was overly pessimistic on the prospects of the rest-of-Africa segment. We thought the market was overreacting to the possibility of a tax penalty coming out of Nigeria. The share price fell back and we just took the buying opportunity. We thought that MCG share was worth more than the levels at the time.”

Court said MultiChoice had managed to defend its premium TV segment (consumers who subscribe to DSTV premium packages) despite the arrival of international streaming services in South Africa.

“It did quite well in the lower segment and in the lower-cost offerings by growing subscriptions in those markets. Management was doing the right thing strategically and executing quite well on that strategy,” he said.

MultiChoice’s investments into Showmax strengthened its defence position, he said.

Argon’s house view is that Canal+’s R125 offer undervalues MultiChoice and its growth prospects.

“At the moment, we are unlikely to accept at R125. In a few years from now, if they’re able to build Showmax and if Nigeria stabilises, which we can’t say when, then I think the outlook for MCG is going to be a lot rosier than what it is now. I think the market would recognise that and that should reflect in the share price,” Court said. He was unwilling to comment on what he thought would be a fair offer from Canal+.

Canal+ said the media industry in which MultiChoice was operating “is becoming increasingly globalised and competitive, with regional media companies having to compete with the firepower of global media titans, with enormous resources to invest in content, marketing and technology…”

With a customer base of 22 million, MultiChoice’s growth strategy involves investing in local and international content for its streaming service, Showmax, and Canal+ is likely to provide capital to fund the growth.

Peter Takaendesa, the head of equities at Mergence Investment Managers, has argued that only companies with scale and a strong balance sheet are likely to survive changes in the entertainment industry.

“Canal+ and MultiChoice can leverage content and financial strength. However, there is still no guarantee of success, as the fight against global streaming giants is intense.”

Other large MultiChoice shareholders are yet to opine on the deal. They include the Public Investment Corporation (PIC), which holds 13%, M&G Investments (more than 7%) and Allan Gray (6%). Allan Gray declined to comment to Daily Maverick, and M&G and the PIC were not available to do so.

Another MultiChoice shareholder that is not ready to express its view on the Canal+ deal is Sanlam Investments, which has a 1.9% interest in the broadcasting company. Sanlam said it opted not to express its stance or intentions “considering the sensitive nature of ongoing negotiations” pertaining to the deal.

“While we understand the importance of transparency and accountability, we believe it is essential to maintain confidentiality and prudence when dealing with such matters,” Sanlam said.

The MultiChoice-Canal+ deal is likely to take two years to be completed, as it still requires regulatory approval.

Credit: Daily Maverick

 

 

 


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FemyWalsh Set to Launch FM Radio in Lagos

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FemyWalsh Limited, media conglomerate, is set to launch its flagship FM terrestrial radio station as it receives its licence from the National Broadcasting Commission (NBC).

FemyWalsh Set to Launch FM Radio in Lagos

This adds yet another media asset to the FemyWalsh group, which already comprises SOUQ News TV, Walsh Radio Online, Terminal Seven Audio-Visual Studio and Walsh Photography.

Victor Walsh Oluwafemi, company CEO, and Dr Idahosa Osamhanze, vice president, were presented with the operational licence by Mr Charles Ebuebu director general NBC at the commission[s  office in Abuja.

This move marks a significant expansion in FemyWalsh’s media footprint and paves the way for broader audience engagement and impact. With the addition of this new licence, FemyWalsh is poised to reach even more viewers and listeners across Nigeria.

The company’s commitment to delivering high-quality content and innovative programming remains unwavering.

According to Oluwafemi, acquiring the terrestrial FM radio licence underscores the group’s ambition of being the largest and most impactful media network across Nigeria, as well as the African region.

“Getting into the terrestrial radio space and securing the operational license represents a pivotal moment for the FemyWalsh group as we continue to evolve and innovate in the media landscape. Radio has long been a powerful medium for reaching diverse audiences, and we are thrilled to leverage this platform to amplify further our mission of empowering SMEs and driving economic growth in Nigeria.”

For his part, Osamhanze, who is the Vice President of the organisation, also made it known that this was a dream come true, and a representation of the company’s dedication to the long-term development of the Nigerian media space. “With this new initiative, FemyWalsh Limited is poised to make a significant contribution to the future of Nigerian media. We are thrilled for the opportunity to foster a thriving media landscape for years to come.”

FemyWalsh Limited is the owner of SOUQ News TV, a digital satellite channel licensed for broadcast in Nigeria and the United Arab Emirates.

The radio licence acquisition comes at a time when SOUQ News TV is experiencing rapid development and expansion, building on its established reputation for excellence in journalism and commitment to serving its viewers.

 

 

 


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