Broadcasting
Hate Speech: DSS Is Better Than NBC
By Tonnie 0. Iredia
History tell us that in most heterogeneous societies, multiple centrifugal forces make it easy for the fragile fabric that binds society together to give way at the slightest provocation.
To avoid the dismemberment of such societies therefore the remedy is to always pursue policies that can unite the different groups that make-up any such society.
Nigeria is a good example of a nation whose constituents have for long been restive about what many see as basic inequality in the management of public affairs.
This has over the years tended to accentuate ethno-religious intolerance compelling government to rely more on prescriptive criteria than merit in many policies.
Under the circumstance, Nigerian leaders have found it expedient to take steps to consciously dissuade the use of intemperate language that can inflame passion and cause anarchy in society.
But this has to be done without encroaching on the fundamental principle of freedom of expression which democracy guarantees.
According to Section 39, of the Nigerian Constitution 1999, “every person shall be entitled to freedom of expression including freedom to hold opinions and to receive and impart ideas and information without interference.”
However, Section 45 of the same constitution makes it clear that freedom of expression must not be used to make reckless statements that can adversely affect other persons.
In other words, government has a duty to ensure that laws such as that on defamation are made to protect the rights of other citizens. Bearing in mind that the mass media have the capacity of disseminating information far and wide, the conduct of the media has to be regulated to avoid disseminating insensitive materials that can pitch one group of society against the other.
Therefore, a regulation such as the National Broadcasting Code which among other things, seeks to prohibit fake news and hate speech that are injurious to society is tolerable, provided, it is neither politicized nor used for witch-hunting.
Put differently, no regulation should be negatively constructed to become a fault-finding tool or an instrument to gag the media.
On Monday, August 10, 2020, a former Deputy Governor of the Central Bank who is currently a Directing Staff at Nigeria’s authoritative Policy Research Institute in Kuru, Jos, Dr. Obadiah Mailafia while participating in a radio programme alleged that a serving Nigerian state governor was one of the commanders of the dreaded Boko Haram group.
In the reported words of Mailafia, “some of us also have our intelligence networks. I have met with some of the bandits; we have met with some of their high commanders – one or two who have repented – they have sat down with us not once, not twice. They told us that one of the northern governors is the commander of Boko Haram in Nigeria.”
As was expected, two relevant Nigerian Agencies, the Department of State Services, DSS and the broadcast regulator, the Nigerian Broadcasting Commission, NBC quickly reacted to the subject.
While the DSS invited Mailafia for questioning with a view to extracting more facts on the authenticity of his claims, the NBC examined the broadcast against the backdrop of its mandate to ensure that no broadcast station is used to undermine the continued existence of the country.
The two agencies have since made a number of declarations on the subject. On its part, the NBC, instantly found the radio station, Nigeria Info 99.3 guilty of what it called “unprofessional broadcast” and imposed a fine of N5 million on the station.
In the case of the DSS, the conclusion arrived at was that it was indecent on the part of Mailafia to have disseminated such information without using his well-connected links in society to verify the heavy allegations before making them public. Thereafter the DSS warned all highly-placed citizens to show greater restraint in their public utterances.
Before reaching her conclusion, the DSS invited Mailafia twice for interrogation thereby giving him ample opportunity to defend himself.
When compared with the summary trial which the NBC gave to the Nigeria Info radio station, it is obvious that at least on this matter, the DSS has been more humane than the broadcast regulator. Although the DSS has all the instruments of coercion at her disposal, she was not coercive. Indeed, Mailafia’s lawyer testified that the service was civil in her conduct with his client.
Many people particularly broadcasters, this writer inclusive, have since remained baffled by the speed with which the broadcast regulator found the radio station guilty of “unprofessional conduct” in its transmission.
First, the interview was organized by the station on one of its regular slots – ‘Morning CrossFire’ where different personalities are invited to air views on burning issues, in which case it was a normal programme which had no trappings of mischief.
Second, the guest was by every standard, a first-class political news maker, capable of throwing light on issues of public interest being a bonafide Nigerian political leader who would have been our President if the party which sponsored him as a Presidential candidate had won last year’s Presidential elections.
Third, the programme was a LIVE broadcast that could not have been subjected to editorial control unlike a recorded programme that could be edited to remove unwanted portions.
Fourth, following global realities in broadcasting, LIVE programming is today the new trend making it untenable to question the format and philosophy of Morning CrossFire.
Based on the above, we think the NBC’s posture is not a plus to society just as it cannot improve the broadcasting profession in Nigeria. Rather, the huge fine on a purported offence, could only have instilled fear in broadcasters to now embrace self-censorship and timidity.
The NBC needs to move away and very quickly too, from that old perception of radio as an organ for telling the people what the government wants them to hear. Public expectations of the media in society have since gone beyond that narrow prism.
Today, the media is expected to undertake a surveillance of the environment, while monitoring the process of governance as mandated by Section 22 of the Nigerian Constitution. It is also to serve as a link between the government and the people; as well as criticize and analyze events.
More importantly, the media is not only to inform the people but also to protect their rights to know while at the same time pointing out danger signals in the horizon for people to avert a woeful end.
As heavy as Mailafia’s allegation appears to be, there is no conclusive proof that it is false just as the allegation is neither different nor heavier than the old unproved belief that Boko Haram was founded by a governor.
The intelligence services should therefore see Mailafia’s addition as a new vista for understanding the advent and growth of insurgency and how to bring it to a peaceful end in our country.
Electioneering campaigns going on in Edo State at the moment, are replete with hate speeches thereby confirming that the greatest culprit of hate speech is the political class.
We cannot make progress if offending politicians receive sermons only while the media, they use are heavily penalized by a regulator, whose component parts – Minister, Board and Management are singing discordant tunes.
—Iredia is former DG, Nigerian Television Authority (NTA)
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.
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.
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.
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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