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Angst as NBC Defends Controversial Broadcasting Code

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Prof. Armstrong Idachaba, acting director-general of NBC
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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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NDPC Hides MultiChoice Privacy Violation Details Despite FOI Request- FIJ

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Nigeria Data Protection Commission (NDPC) has refused to release details of the data and privacy rights violation for which it fined MultiChoice Nigeria, despite receiving a Freedom of Information (FOI) request from FIJ.

NDPC Hides MultiChoice Privacy Violation Details Despite FOI Request- FIJ

FIJ otherwise Foundation for Investigative Journalism, is an independent, not-for-profit organisation that combats injustice, holds power to account and speaks for the voiceless.

In its announcement on July 6, the NDPC said it had fined MultiChoice Nigeria N766,242,500 for breaching the data and privacy rights of subscribers and even those who are not necessarily subscribers.

FIJ emailed the data protection commission an FOI request on July 9.

The commission acknowledged the receipt of the email that same day and added: “It has been forwarded to the relevant department and we would respond soon.”

Fifteen days later, FIJ got no other response from the NDPC.

In Nigeria, FOI requests have a seven-day timeframe, and it starts counting as soon as a public institution receives a request for public information.

FIJ understands that holidays, which include a Sunday and a public holiday, are to be excluded in the computation of the timeframe.

The receiving institution is mandated, within those seven days, to either provide the requested information or explain in detail why it is unable to do so based on the provisions of the FOI Act.

Established under the Nigeria Data Protection Act 2023, the NDPC’s tasks include safeguarding data privacy, enforcing regulations and promoting responsible data handling in the country.

When the Commission announced the N766.2 million fine against MultiChoice Nigeria, it said the company had violated the privacy rights of subscribers and allowed the illegal cross-border transfer of personal data of Nigerians.

MultiChoice Nigeria operates through various subsidiaries, such as DStv and GOtv. The NDPC said it launched an investigation into the company in the second quarter of 2024.

“NDPC found, among others, that Multichoice violated the data privacy rights of subscribers and their friends who are not necessarily subscribers,” the statement issued by NDPC read in part.

“The Commission also found that Multichoice carries out illegal cross-border transfer of personal data relating to data subjects in Nigeria. The depth of data processing by Multichoice is patently intrusive, unfair, unnecessary and disproportionate.”

FIJ’s FOI request aimed to understand the extent of the data and privacy breaches committed by MultiChoice Nigeria, the remedial measures directed by the NDPC and the specific channels through which the company collected the personal data of Nigerians.

Two weeks after the request was submitted, the NDPC has refused to respond.

Section 7, sub-section 4, of the Freedom of Information Act (2011) states, “Where the government or public institution fails to give access to information or record applied for under this Act or part thereof within the time limit set out in this Act, the institution shall, for the purposes of this Act, be deemed to have refused to give access.”

According to the Act, where a case of wrongful denial of access is established, the defaulting officer or institution commits an offence and is liable on conviction to pay a N500,000 fine.

At the time of this report, there was no publicly documented case of the NDPC granting an FOI request to share more details after an investigation.

In 2023, FIJ detailed how the Nigerian government often violated the FOI Act. Journalists at top newspapers in the country noted that government agencies had a habit of disregarding FOI requests, despite being legally obligated to respond.


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Spotify RADAR Africa Turns the Volume Up on FOLA and Thakzin

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Spotify is turning the spotlight toward the next wave of African music innovators with its latest RADAR Africa picks: Nigerian Afrobeats talent FOLA and South African Afro House DJ and producer Thakzin. As part of Spotify’s ongoing commitment to discovering and amplifying emerging voices across Sub-Saharan Africa (SSA), RADAR continues to champion boundary-pushing artists shaping the sound of tomorrow.

FOLA, born Folarin Odunlami, first caught attention with his freestyles on social media, quickly making a name for himself with his blend of Afrobeat rhythms and soulful storytelling. His breakout EP What A Feeling, featuring the Bella Shmurda-assisted hit “Who Does That,” laid the foundation for a fast-rising career that now includes collaborations with BNXN, Magixx, and BhadBoi OML. “Looking at where I’m coming from, I see every opportunity as a blessing. So, it’s a blessing to have been selected, just like others before me,” says FOLA. “I want my fans to know that in the midst of all the noise, I made something they could truly connect with, feel and share with those who mean something to them. I want everyone who listens to at the very least, recognise that they’re witnessing the early days of something truly special.”

On the southern tip of the continent, Thakzin’s journey began in Ivory Park, Johannesburg, where early jazz and kwaito influences, plus a deep respect for traditional percussion, shaped his signature sound. With co-signs from Black Coffee and international tastemakers like Laurent Garnier, his genre-defying approach to Afro House, heard in his 2023 anthem “The Magnificent Dance,” is setting global dance floors alight. Following the release of Magnificent Dance, his version of Horns In The Sun by DJ Kent became a viral hit across South Africa and gained global traction, potentially surpassing the success of Magnificent Dance itself. Thakzin’s sound is rooted in African spirituality and healing, inspired by the rhythmic power of traditional drums. Shaped by a musical upbringing and guided by his father, a keyboardist, he blends rich harmonies with percussive elements to create an immersive Afro-house experience. His music evokes emotion, movement, and ancestral energy, anchored in freedom and African expression. In recognition of his role in shaping 3-step, Thakzin was the first cover artist of Spotify’s 3 STEP playlist.

Spotify RADAR isn’t just a platform, it’s a launchpad. It reflects Spotify’s commitment to empowering local artists across SSA and delivering the best listening experience in the region. From Lagos to Johannesburg, RADAR celebrates the diversity of talent on the continent, offering artists equal access to global audiences.

“At Spotify, we believe in the power of African storytelling through music. FOLA and Thakzin are both incredibly unique artists who represent the spirit of RADAR—fresh voices with global potential,” says Phiona Okumu, Spotify’s Head of Music, Sub-Saharan Africa. “By amplifying their journeys, we hope to inspire more creators across the continent to believe in their vision and reach for bigger stages.”

With FOLA and Thakzin stepping into the spotlight, one thing is clear: Africa’s future sound is already here, and Spotify is where you find it first.


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Paradigm Initiative Applauds Malawi’s Judiciary for Outlawing Criminal Defamation

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Paradigm Initiative (PIN) commends the decision by the High Court of Malawi, sitting as the Constitutional Court (ConCourt), which finds that section 200 of the Penal Code of Malawi, criminalising defamation, is unconstitutional. This follows a unanimous ruling by Justices Chifundo Kachale, Fiona Mwale, and Mzondi Mvula.

The decision by the three-judge bench concludes a case brought by Joshua Chisa Mbele against the Director of Public Prosecutions and the Attorney General, where the latter leveled charges against Mbele for alleged defamatory statements made regarding a public official in Malawi. In his defence, Mbele challenged the constitutionality of section 200 of the Penal Code of Malawi, which criminalised defamation, arguing that this provision infringed the right to freedom of expression as provided for under section 35 of the country’s Constitution, as well as running counter to Malawi’s obligations under regional and international human rights law.

In its commendable ruling, the ConCourt upheld the right to freedom of expression enshrined in the Malawian Constitution and described the punishment of imprisonment, as outlined in Section 200 of the Malawi Penal Code, as having a “chilling effect on public discourse and democratic participation.” In a ruling delivered on July 16th, 2025, the court said it did not find Section 200 of the Malawi Penal Code reasonable or necessary in light of the civil remedies available to deal with defamation.

PIN celebrates this win, having expressed concerns in the past over Malawi’s repressive laws through the Londa report on the state of digital rights and inclusion in Malawi and a joint advocacy statement calling for the repeal of laws infringing on freedom of expression.

PIN hopes that this decision will stir the legislature in Malawi to repeal laws that have a bearing on freedom of expression such as the Electronic Transactions and Cybersecurity Act 2016, which is increasingly being deployed as a weapon to criminalise freedom of expression and media freedom in Malawi with broad provisions such as section 87 that criminalises publication of offensive communications and an overly broad section 91 of the Act (prohibiting cyber spamming) which has been used to target individuals for insulting the President.

Acknowledging the judiciary’s vital role in promoting fundamental rights and freedoms and ensuring that repressive laws are outlawed, PIN applauds the progressive decision. The Malawi judiciary has demonstrated this leadership with a landmark case that can lead to further legislative reforms in Malawi and inspire other African judiciaries to adopt a human rights-based approach to adjudicating over such cases.


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