Broadcasting
New Broadcast Code: Assault on Market and Democracy
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.
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.
The government of Ghana has ordered MultiChoice Ghana to reduce DSTV subscription costs by 30%, noting the significant appreciation of local currency and growing dissatisfaction with current rates.
This comes as Nigeria Data Protection Commission (NDPC) has fined MultiChoice Nigeria ₦766,242,500 for breaching the Nigeria Data Protection Act (NDPA).
According to Mr Babatunde Bamigboye, head Legal, Enforcement & Regulations, NDPC, the investigation, which commenced in the second quarter of 2024, was triggered by suspected breach of privacy rights of Multichoice subscribers and illegal cross-border transfer of personal data of Nigerians.
MultiChoice, which operates across Africa, continues to lose revenue and subscribers.
Ghana’s minister of communication, digital technology, and innovation, Samuel Nartey George, made the call last week during a meeting with a DSTV team led by Dr. Keabetswe Modimoeng, group executive for regulatory and corporate affairs.
According to a ministry statement, George said the government’s responsibility is to respond to Ghanaians’ concerns over high DSTV pricing and outdated content offers.
The Minister pointed out that despite a 30% increase in the cedi’s value over the past five months; DSTV prices have not reflected the positive economic trend.
The statement went on to say the minister is therefore calling for a 30% price reduction to match the cedi’s appreciation and to pass on economic benefits to consumers.
According to the statement, while MultiChoice has implemented promotional packages, people prefer a direct price reduction over temporary discounts.
George said feedback from public engagements revealed that many users are dissatisfied with DSTV’s content, describing it as outdated save for Premier League football. They also believe that the current cost is not justified.
”To address the concerns, he said MultiChoice Ghana has until July 21 to formally respond to the government’s request. The Minister expects a concrete proposal by this date, allowing time for further engagement before the end of July,” the statement said.
In response, Dr. Modimoeng acknowledged the government’s concerns and expressed gratitude for the opportunity to dialogue.
The MultiChoice team reacted positively to the minister’s request and committed to provide input by July 21st. They emphasised the need of balancing public interest and business sustainability.
This is the continent’s latest pricing conundrum for the pan-African pay-TV business, following fee disputes with Nigerian and Malawian authorities.
In Ghana, the demand for price cuts comes as MultiChoice is under pressure, having lost revenue and subscribers in the financial year that ended March 31, 2025. Last month, the company announced its financial year-end results.
In a statement to shareholders last month on the Stock Exchange News Service, the company said the past two financial years have been a period of significant financial disruption for economies, corporates and consumers across Sub-Saharan Africa due to challenging macro-economic factors.
Combined with the impact of structural industry changes in video entertainment, such as the rise of piracy, streaming services and social media, this has materially affected the overall performance of the MultiChoice Group, it noted.
Over this period, MultiChoice said the group lost 2.8 million active linear subscribers and had to absorb a R10.2 billion negative impact on its top line due to local currency depreciation against the US dollar.
For the year, the company reveals that linear subscribers were down 1.2 million, or 8% year-on-year, to 14.5 million active subscribers, with the loss evenly split between South African (600 000) and rest of Africa (600 000).
Nigeria Data Protection Commission (NDPC) has fined MultiChoice Nigeria ₦766,242,500 for breaching the Nigeria Data Protection Act (NDPA).
NDPC is a public institution that processes data in furtherance of its mandate as Nigeria’s data protection authority and relies on recognised lawful bases for data processing, such as consent, legal obligation, and contract.
The fine was contained in a statement signed by Mr Babatunde Bamigboye, head Legal, Enforcement & Regulations, NDPC.
According to him, the investigation, which commenced in the second quarter of 2024, was triggered by suspected breach of privacy rights of Multichoice subscribers and illegal cross-border transfer of personal data of Nigerians.
“The NDPC found, among others, that Multichoice violated the data privacy rights of subscribers and their friends who are not necessarily subscribers.
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.
This is a grave affront to fundamental right to privacy as enshrined in Section 37 of the 1999 Constitution of the Federal Republic of Nigeria.
In line with its standard remediation procedure, the Commission directed Multichoice to carry out appropriate remedial measures.
However, the Commission found the measures undertaken by Multichoice in this regard unsatisfactory.
For want of cooperation, the Commission has directed Multichoice to pay ₦766,242,500 for violating the Nigerian Data Protection Act.
“Nigeria is entitled to protect her citizens and data sovereignty under both international and extant municipal laws, as these have far-reaching implication for rule of law, national security, and economic growth.” the statement said.
Babatunde also revealed that, Vincent Olatunji, national Commissioner, NDPC, has directed that all outlets through which Multichoice is collecting personal data of Nigerian citizens should be investigated for non-compliance.
He added that any outlet that processes personal data in violation of the NDP Act is liable to penalty under the Act.
Broadcasting
IFC, AfDB Collaborate with EbonyLife Media to Explore Supporting the African Film Industry to Drive Job Creation
As part of their ongoing efforts to support the growth of Africa’s creative industries and drive job creation in the region, IFC and the African Development Bank have announced a collaboration with EbonyLife Media, Nigeria’s leading media company, to explore the conditions for the creation of a pan-African investment vehicle targeted at the region’s film sector.
The aim is to improve access to financing for productions that promote original African stories around the world. EbonyLife Media has built a reputation for bringing compelling African narratives to global audiences through innovative storytelling.
The company has produced some of the highest-grossing movies in the region and enjoys strategic collaborations with global media companies, including Sony Pictures Television, Westbrook Studios, Starz, Macro Film Studios and Idris Elba’s 22 Summers.
This effort is in line with IFC’s strategy to expand Africa’s creative industries, recognizing the sector’s potential to drive job creation – especially for youth – promote inclusive narratives, and stimulate economic growth across emerging markets.
Despite the growth of film production across the continent over the last few years, Africa’s film sector remains untapped. According to UNESCO, the sector currently supports approximately 5 million jobs and contributes $5 billion to the continent’s GDP.
However, the industry faces significant challenges that inhibit its growth potential, including persistent financing gaps, policy barriers and lack of a robust intellectual property regulatory framework and implementation, which results in up to 50 percent revenue loss to piracy by film producers in the region.
In this context, IFC, AfDB and Ebony Life are exploring ways in which they can crowd in more capital into African film productions and support the expansion of the film industry at scale in the continent, while working with governments to introduce protection of intellectual property and film incentives, essential to strengthen the economics of film production in the continent.
“Africa’s creative economy is a cultural asset and an engine for inclusive growth, youth employment, and global influence. Through this partnership, we aim to unlock new capital for the continent’s storytellers, helping them bring authentic African voices to international platforms while boosting job creation in one of the most dynamic sectors of the future,” said Dahlia Khalifa, Regional Director for Central Africa and Anglophone West Africa at IFC.
Ousmane Fall, The African Development Bank Group’s Director for Private Sector Operations, said: “This collaboration reflects the African Development Bank Group’s growing interest in creative industries as a growth sector supporting entrepreneurship and job creation for young people and women in Africa.
“By joining forces with EbonyLife, Nigeria’s premium media conglomerate, and IFC, a like-minded DFI institution, we are seeking to support the creation of a sustainable investment vehicle for film production in Africa”.
“This has been a long time coming. For nearly two years, I’ve been quietly laying the groundwork—defining and building an ecosystem designed to scale, to unlock opportunity, and to provide the vital capital African filmmakers need to create stories that resonate across borders and generations.
“Today, I am thrilled and deeply proud to welcome the IFC and AfDB on this journey. Together, we will identify ways in which we can catalyze a new era of African storytelling that can thrive on the global stage” said Mo Abudu, CEO, EbonyLife Media.
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