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New Broadcast Code: Assault on Market and Democracy

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By ‘Kanmi Ademiluyi

With the focus on survival due to the coronavirus pandemic, out comes a not-so-cleverly-disguised assault on the operations of an economy based on the efficacy of the market, but also a potential limitation on the plurality which anchors a democracy.

New Broadcast Code: Assault on Market and Democracy

As democrats and with the backdrop of the observation of the first celebration of the defining date of June 12 as Democracy Day, it is unsafe to allow the existential threat of COVID-19 to make us complacent about opaque threats to the country’s hard-won democracy, which is still a work in progress.

The threat to innovation, the consolidation of intellectual property rights as well as the operations of a market-propelled economic system by the 6th National Broadcasting Commission (NBC) Code should not be allowed to distort the country’s political economy.

The ethos of the code released to the public by the NBC on May 27 is in direct contradistinction to the thrust of the President Muhammadu Buhari administration to build a society that ensures those who produce and create sustainable jobs are given the pride of place, as opposed to the ethos which fetes those who deal in favours.

The latter is what the celebrated Afrobeat exponent, Fela Anikulpao-Kuti, decades ago, famously branded “Paddy, Paddy arrangements”.

The cronyism-fired arrangements described by Fela not only failed to deliver economic growth, but crucially stifled innovation and made the country uncompetitive with disastrous results.

The country is still paying the price for cronyism and incestuous market-distorting economic relationships till date.

Although in its opening gambit, the 6th NBC Code peddles a sanctimonious sermon: “To maintain and promote efficient market and conduct effective competition in the broadcast industry in Nigeria…”, looked at closely, it is anything but pro-competition.

For the evolution of modern market-oriented economies in democracies is underpinned by a robust defence of intellectual property rights as a propelling trajectory in innovation and content development.

This has been the source of the continued success of places like Hollywood, Bollywood and other media markets.

Dangerously, swathes of provisions in the code prohibit exclusivity, ominously compel content sub- licensing to competitors and empowers the NBC to determine sub-licensing fees in the event of a dispute.

These provisions will certainly inhibit investments in Nigeria’s potentially rich and relatively untapped local content production sector.

What is intended through the backdoor in the absence of open hearings in full public glare and with the inputs of all stakeholders is a brutal assault on intellectual property rights, the prospects of content development as well as diversity, which are vital ingredients in a market economy.

These stifling provisions are straight out of the Command Economy playbook. This is odd. Command economies exhausted the limits of their possibilities and imploded decades ago.

No wonder the promoters are in mortal terror of open public hearings, which will clearly expose the shenanigans and the real anti-competitive intent underneath the sanctimonious sermons. As stated by major stakeholders, the Code was finalised without input from them.

All of this is bizarre in an industry oiled by creativity in which whole financial instruments have been developed, whereby trading in intellectual property rights is taking place very much as a commodity.

Eroding proprietary rights by making exclusivity illegal and compelling [this is as draconian as is imaginable] sub-licensing of content and regulating price (remember the debacle of previous corruption-fuelled attempts at “price controls”?) will clearly stifle private enterprise with the sort of interference, which begins by distorting markets and eventually kills them off.

The contempt of the framework accepted internationally in intellectual property safeguards and commercial proprietary rights is mind-boggling.

The purported objective of the related provision is an enthronement of fair market competition, especially for new market entrants.

It compels rights owners to live foreign sporting events, for example, to offer such to broadcasters on different platforms at an agreed fee and in the event of a dispute, the NBC will determine what is to be paid. The Code also prohibits the bundling of Nigeria “in the same basket with other countries in the sale of football rights.”

Acquisition of sports broadcasting rights is a commercially-competitive process, with the prerogative of how to sell and to whom exclusively that of the rights owners.

Code’s sub-licensing proposal does not take cognizance of the fact a licensee, which has acquired the rights after paying competitive a rate, suffers an inability to differentiate its service from that of competitors— to whom it’s forced to sell at a regulated maximum price—and an erosion of the value of the rights because it cannot use them exclusively.

The Code similarly ignores the fact that granting of sub-licensing rights is not guaranteed, leaving a licensee with the burden of having to negotiate for sub-licensing rights for which the owner— knowing a re-sale is in the offing— will demand a substantially heftier sum. It is not just broadcasters of live foreign sports content that will be affected by the bid to institute a command economy process. It is also a doomsday scenario for general entertainment platforms such as Filmhouse Cinema, Africa Magic, Netflix, Irokotv and prospective entrants. With this framework, no investor in his/her right mind will waste money and energy developing content to then donate to those who deal in favours.

If implemented, the code will bring an end to pay TV in Nigeria. The multiplier effect will manifest in job losses and leaner tax revenues.

Out of obscurity over three or so decades, a vibrant creative industry has developed in Nigeria, a tribute to the country’s commercial attributes and can-do attitude.

The industry has shown that economic diversification can be translated into more than shibboleths and vacuous sloganeering.

The industry has shown the way and made us all proud. Any readjusting of a winning model must, at least, be preceded by multi-stakeholder consultations and public hearings.

The latter, vitally, will see the consumers making input and helping to build a consensus for the benefit of all.

This will prevent the rent-seekers who have continued to swing a wrecking ball at the economy, seeing the creative industry as just another gravy train to hop on. It will be tragic if that happens.

Ademiluyi, an economist and journalist, wrote from Oshogbo.

 

 


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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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