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DSO: Lawyers Tear Whitepaper Apart, Say It Lacks Force of Law

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Prof. Armstrong Idachaba, director general, NBC
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Lawyers have faulted the recent directive by the National Broadcasting Commission (NBC) on the abolition of self-carriage status by broadcast entities.

DSO: Lawyers Tear Whitepaper Apart, Say It Lacks Force of Law

They said the 2014 Digital Switch Over (DSO) Whitepaper the commission relied on to issue is an expired document and lacks the force of law.

Ahead of the commencement of the second phase of the DSO programme, which has proceeded in fits and starts, including two unmet deadlines, the NBC recently directed digital terrestrial television operators to reconfigure their transmission set-ups and transfer their carriage to either ITS or Pinnacle Communications Limited, the licensed signal distributors, with immediate effect.

The NBC, in a letter signed by Dr Armstrong Idachaba, acting director-general, said its directive on abolition of self-carriage is Section 10 of the 2014 DSO Whitepaper, which it said prescribes the splitting of broadcasting activities into content distribution and signal distribution. The commission stated that with the split, a single broadcaster can no longer combine the functions of content carriage and signal distribution.

Reacting to the directive, Marian Igbi, Lagos-based lawyer, said the NBC erred by presenting the DSO Whitepaper as a document with the same force as a law.

She contended that the Whitepaper, issued in 2014, can no longer be deemed as valid, given that two editions of the National Broadcasting Code, a subsidiary legislation on broadcasting, were issued after it.

“It is important to realise that the 5th and 6th editions of the National Broadcasting Code came into effect after the Whitepaper.

“The Whitepaper the NBC relies on as empowering it to issue the directive gave no effect to the document’s recommendations. As a matter of fact, it could not have given any effect to it in view of the fact that the National Assembly has not yet amended the NBC Act,” she argued.

Speaking in similar vein, Maxwell Ogbeche, another lawyer, noted that a Whitepaper is simply a distillation to supply an analysis of a particular subject, including new policy frameworks, but is not the equivalent of a law.

“Whitepapers are statements of policy directions. They are not laws and their recommendations have to be worked into actual legislations to have any binding legal effect. In this case, the recommendations of the DSO Whitepaper remain unknown to the NBC Act and the Broadcast Code, both of which are the bodies of laws regulating broadcasting in Nigeria. There is no other legislation,” he said.

Also speaking, Timothy Shaba, lawyer and former broadcaster, argued that the NBC appears muddled.

According to him, the NBC Act and National Broadcast Code are clear on broadcasting functions that require licence issuance, saying DTT operators at which the Commission’s directive is aimed have valid authority to distribute the signals, comprising DTT service.

“The licence issued to DTT service providers isn’t the same as a signal distribution licence because it permits them to carry out their core business of providing subscription television services to Nigerians.

“Signal distributors’ core business is the provision of signal distribution services to broadcasters licensed by the government. They do not provide that service to the general public,” he explained.

 

 

 


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CANAL+ Partners Samsung to Pre-Load DStv Stream on New Samsung TVs In Nigeria, Other African Countries

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Following an expanded partnership between CANAL+ and Samsung Electronics, the DStv Stream app will now be pre-installed on new Samsung Smart TVs sold in Nigeria and 17 other African countries.

The agreement covers English and Portuguese-speaking African markets, including Nigeria, Kenya, Angola, Tanzania, Uganda, Zambia, Zimbabwe and South Africa. It marks the first pre-installation rollout of a MultiChoice Group streaming application on Samsung Smart TVs.

The development comes after the completion of the combination between CANAL+ and MultiChoice Group. It also extends an existing relationship between both companies that already spans 40 markets across Europe, French-speaking Africa, and Asia.

Through the integration, Samsung customers can now access DStv Stream directly from the television home screen. The app provides access to premium sports and entertainment content, including coverage of the FIFA World Cup 2026, English Premier League football, domestic and international rugby, and local and international television programming.

With the introduction of this connected television which kicked off on June 1, televisions can now connect to the internet, allowing users to stream content directly without requiring a separate decoder or satellite dish. The pre-installation of the app removes the need for users to search for and download it themselves, reducing friction and improving content discoverability.

The rollout is one of the first major distribution initiatives following the integration of CANAL+ and MultiChoice. The combined group has identified streaming growth and enhanced digital distribution as key priorities across Africa, where connected television adoption continues to increase.

David Mignot, CEO of CANAL+ Africa and CEO of MultiChoice Group, affirmed, “We are delighted to extend our longstanding partnership with Samsung across new English and Portuguese-speaking African countries. It marks a significant milestone in the synergies created by the combination of CANAL+ and MultiChoice Group.

“Mignot added, “As viewing habits continue to evolve rapidly across the continent, strengthening the accessibility and discoverability of our content offer on connected devices is key. By expanding the availability of our applications on Samsung Smart TVs across key African markets, we are making it even easier for millions of MultiChoice Group’s subscribers to seamlessly access the content that define the uniqueness of the CANAL+ and MultiChoice Group experience.”

This extended partnership is expected to strengthen Samsung’s position as a key distribution partner for streaming services globally while providing CANAL+ and MultiChoice with a broader route to market as competition intensifies among international and regional streaming platforms across Africa.


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Court Deals Fresh Blow to NBC, Throws Out Appeal over Broadcast Fines

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The Court of Appeal in Abuja has dismissed an appeal filed by the National Broadcasting Commission (NBC) challenging a Federal High Court judgment that restrained the commission from imposing fines on broadcast stations.

Court Deals Fresh Blow to NBC, Throws Out Appeal Over Broadcast Fines

Delivering judgment, Justice Jane Esienanwan Inyang held that the appeal was fundamentally defective and therefore incompetent.

The appeal stemmed from a Jan. 17, 2024 judgment delivered by Justice Rita Ofili-Ajumogobia of the Federal High Court, Abuja, which barred the NBC from enforcing N5 million fines imposed on several broadcast stations in 2022.

The sanctions had been issued over allegations that the stations aired documentaries on banditry and insecurity considered by the commission to be capable of undermining national security.

The affected broadcasters included Multichoice Nigeria Limited, owners of DStv, TelCom Satellite Limited, Trust TV Network Limited and NTA StarTimes Limited.

The suit was instituted by Media Rights Agenda (MRA), which challenged the legality of the fines imposed by the commission.

In her ruling, Justice Inyang pointed to a discrepancy in the appeal documents, noting that the respondent before the Federal High Court was listed as the “National Broadcasting Commission,” while the notice of appeal identified the appellant as the “Nigerian Broadcasting Commission.”

According to the court, the inconsistency was substantial enough to deprive it of the jurisdiction required to entertain the appeal.

“The notice of appeal is the foundation of an appeal and a condition precedent to the exercise of appellate jurisdiction by this court,” the judge held.

Consequently, the appeal was struck out without consideration of the substantive issues raised by the commission.

The ruling represents another setback for the NBC in its efforts to defend its authority to sanction broadcast organisations through administrative fines.

In April 2026, the Court of Appeal similarly dismissed a separate appeal by the commission against another judgment that restricted its powers to impose fines on broadcasters.

Earlier, in May 2023, the Federal High Court in Abuja ruled that the NBC lacked the judicial authority to impose penalties on media organisations without recourse to the courts.

The controversy over the commission’s sanctioning powers dates back to March 2019 when the NBC imposed N500,000 fines on 45 broadcast stations for alleged violations of the Nigerian Broadcasting Code during the general elections.

At the time, the then Director-General of the commission, Is’haq Kawu, said the sanctions were imposed for ethical breaches and violations of broadcasting regulations.

Legal analysts say the latest judgment reinforces previous court decisions limiting the commission’s authority to impose fines on broadcasters without judicial intervention.


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Nigeria Launches FreeTV Nationwide

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Nigeria has launched FreeTV, a broadcasting platform, designed to provide households across the country with free access to digital broadcasting, improved picture quality, and a wide range of local and international content without subscription fees.

Nigeria Launches FreeTV Nationwide

The announcement was made in a post on the official X handle of the Presidency, describing the initiative as part of President Bola Ahmed Tinubu’s Renewed Hope Agenda, which prioritises inclusion, expanded access to opportunities, job creation, support for local enterprise and the use of technology to improve daily life for citizens.

According to the statement, FreeTV forms part of Nigeria’s Digital Switch-Over (DSO) programme and is intended to ensure that no Nigerian is excluded as the country transitions fully from analogue to digital broadcasting.

The platform will offer access to more than 100 national, regional and state-owned channels, covering news, sports, films, music, children’s programming, educational content, as well as dedicated Yoruba, Hausa and Igbo language channels.

The Presidency noted that the service will be accessible through satellite, terrestrial transmission and a dedicated FreeTV mobile application, enabling coverage for users in urban centres, rural communities and previously underserved areas that were not fully captured in earlier DSO pilot phases.

It also clarified that Nigerians will not need to purchase new television sets to access the service. Existing televisions can work with compatible DVB-T2 or DVB-S2 decoders, while users with already compatible free-to-air devices may not require additional equipment.

Speaking ahead of the launch, Charles Ebuebu, director-general, National Broadcasting Commission (NBC), said the initiative reflects the administration’s broader digital inclusion strategy.

“FreeTV speaks directly to President Bola Ahmed Tinubu’s vision of Renewed Hope towards expanding access, creating opportunity and ensuring that every Nigerian, regardless of location or income, can benefit from the digital economy. With FreeTV, families across Nigeria can enjoy quality digital television without a monthly subscription, while our local content producers, technicians and young creatives gain new platforms and new jobs,” he said.

The statement added that the platform will also strengthen Nigeria’s creative and broadcast industry through regional production hubs in Lagos, Abuja, Port Harcourt, Enugu, Kano and Benin, creating employment opportunities for content creators, editors, camera operators, sound engineers and other media professionals.

The Presidency further disclosed that the final analogue switch-off remains scheduled for December 31, 2028, urging Nigerians to begin preparations by confirming decoder compatibility and downloading the FreeTV mobile application ahead of rollout.

 

 


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