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SERAP Asks Court to Stop Shutdown Of Broadcast Stations

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Socio-Economic Rights and Accountability Project (SERAP) has urged the Federal High Court in Lagos to restrain the federal government from shutting down broadcast stations in Nigeria over their coverage of the 2023 general elections.

SERAP Asks Court to Stop Shutdown Of Broadcast Stations

SERAP asked the court for an order of perpetual injunction restraining President Muhammadu Buhari and the National Broadcasting Commission (NBC), whether jointly or severally or any other authority, person or group of persons from unilaterally sanctioning and threatening to revoke the licences of any broadcast stations and shutting down the stations on the grounds of covering the 2023 general elections.

Also joined in the suit, which is yet to be assigned to a judge, as defendant is Alhaji Lai Mohammed, minister of information and culture.

The civil society organisation is also praying the court to determine whether the broadcasting code used by the NBC to sanction some broadcast stations and threaten to shut down others is not inconsistent and incompatible with freedom of expression, access to information and media freedom

The organisation further urged the court for an order of interim injunction restraining President Buhari, the NBC and Mohammed from threatening and sanctioning broadcast stations in the country simply for carrying out their constitutional duties, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.

SERAP also wants the court to declare that the arbitrary action by NBC to sanction some broadcast stations and threaten to revoke the licences of others and shut them down for covering the general elections is a violation of section 39 of the Nigerian Constitution 1999 (as amended), and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

In an affidavit attached to the suit, SERAP averred that it is a travesty of justice to punish and threaten broadcast stations seeking to promote election integrity and citizens’ engagement and participation, while allowing perpetrators of electoral violence and grave human rights violations escape accountability for their alleged crimes.

The applicant also submitted that rather than promptly investigating allegations of election-related violence and other infractions of the Electoral Act and the Nigerian Constitution, and going after suspected perpetrators, the Nigerian government is scapegoating the media by targeting and punishing broadcast stations.

SERAP contended that the use of NBC Act and Code in this case would open the door to arbitrariness and fundamentally restrict freedom of expression that is an integral part of the public order protected by the Nigerian Constitution and human rights treaties to which Nigeria is a state party.

The organisation further argued that, “the media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information in a democratic society.

“The NBC legislation and codes do not confer unfettered discretion for the restriction of freedom of expression and media freedom on those charged with their implementation.

“The sanctioning of some broadcast stations and threat by the NBC to revoke the licences of others and shut them down is neither necessary nor proportionate, as it would unduly intrude upon Nigerians’ right to freedom of expression, access to information, and media freedom.

“The use of vague and undefined phrases such as ‘unpatriotic individuals’ ‘subversive, hateful, and inciting utterances, particularly post-election’, as grounds to sanction and threaten to broadcast stations is inconsistent and incompatible with human rights requirements.

“The Nigerian Constitution and human rights treaties impose legal obligations on the Nigerian government to refrain from imposing restrictions which are not consistent with human rights requirements, including on discussion of political and election-related issues.

“It is also inconsistent with constitutional and international human rights requirements to sanction and threaten broadcast stations solely for their coverage of the issues around the general elections on the basis of vague phrases such as ‘unguarded statements’, and ‘negative conversations’ used by the NBC,” SERAP said.

 


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OJI Demands Ban on Netflix, TikTok, Others over Same-Sex Content

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Civil Society Organisation (CSO) under the auspices of Open Justice Initiative (OJI), has threatened to drag the National Broadcasting Commission (NBC) to court if it fails to ban Netflix, TikTok, and others over the alleged broadcast of offensive same-sex content on Nigeria’s airwaves.

OJI Demands Ban on Netflix, TikTok, Others over Same-Sex Content

The CSO, also urged NBC to ban other social media platforms, including X, formerly known as Twitter, Facebook, etc with regard to the subject matter.

Donald Ayibiowu, lawyer and programme officer of OJI, gave the warning in a letter addressed to Mr. Charles Ebuebu, director-general of the NBC.

The certified true copy of the letter titled: “Need to ban and bar the continuous broadcast of offensive same-sex contents on Nigeria’s airwaves by Netflix and other specialised broadcast outlets”, made available to newsmen in Abuja, was received by the Commission on April 23, 2024.

The letter said, “We write to draw the esteem attention of your commission to some obnoxious and repugnant same-sex contents being aired or transmitted by some broadcast outfits operating within the Nigeria broadcast space, which platforms includes Netflix and some social media entities.

“These abhorrent contents being campaigned about borders on the promotion of amorous relationships between persons of same sex on the said platforms.

“We received complaints on this topic from well-meaning Nigerians and religious organisations and further discovered that the broadcast contents/materials on these platforms are laced with embedded scenes/episodes where same-sex relationships are practically being propagated.

“We also conducted research on some social media platforms like TikTok, Twitter (X), Facebook (Meta), etc with regards to this subject, and found same hazardous and illegal same-sex content being promoted and transmitted.

“It is clear that there is an agenda to surreptitiously lure the unsuspecting young population of this country to this satanic habit/lifestyle of same-sex practice in Nigeria by subtly introducing same through entertainment and showbiz industry, albeit through the airwaves.

“It is now commonplace to see some of these illegal contents being conveyed on social media and specialised platforms in Nigeria.

“We wish to point out that these contents are clearly being aired or transmitted in contravention of our extant laws such as Sections 4(2) and 5(2} of the Same-Sex Mariage (Prohibition) Act, 2013,” he said.

The lawyer said the act being subtly propagated and promoted via the mediums was targeted at destroying the moral fibre and rectitude, erode, dislodging and polluting the society with unacceptable inhuman values.

He said it was also to erode the age-long cultural practices and sacred religious belief system of male and female gender only as created by God Almighty.

Ayibiowu said, that if the commission failed to block, restrict or scrap the same-sex promotional material/contents from Nigeria airwaves, “we shall proceed to seek further redress in pursuit of our goal of saner Nigeria airwaves”.

 

 


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FCCPC to Review Multichoice’s Tariff Hike

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Federal Competition and Consumer Protection Commission (FCCPC) has promised to review recent price increases in MultiChoice cable subscriptions to ensure subscribers in Nigeria get value for their money.

FCCPC to Review Multichoice’s Tariff Hike

Recall that the leading pay TV operator, recently announced increase in the subscriptions for its DStv and GOtv packages by at least 25 per cent.

Multichoice announced the increase in tarrifs in a message sent to subscribers on Wednesday and said that the new regime will be effective May 1.

The company stated this in the statement signed by John Ugbe, chief executive officer was titled, ‘Price Adjustment on DStv and GOtv Packages.’

The pay-TV firm cited the rise in the cost of business operations as the rationale behind the price increase.

The company said, “We understand the impact this change may have on you – our valued customer, but the rise in the cost of business operations, has led us to make this difficult decision.

“It remains our mission to provide the best entertainment and viewing experience to you and are committed to continue to deliver high-quality content and unparalleled service. So, from Wednesday, 1 May 2024, the price adjustment will take effect.”

But Adamu Abdullahi, acting chief executive officer, FCCPC, in a chat with Channels Television on its Dateline Abuja programme on Thursday, provided an update on the summons issued to the owner of a Chinese store in Abuja accused of discriminatory and sharp practices.

He also commented on the adherence to the order given to the Abuja Electricity Distribution Company, stating that sanctions are imminent for all verified infractions identified by the agency.

 


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NCC Seeks Media Collaboration on Copyright Infringement

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The Nigerian Copyright Commission (NCC) has called for effective collaboration with the media in the country towards tackling the menace of copyright infringements.

The Director-General of the commission, Dr. John Asein, who made the call at a media parley in Ibadan, said while the commission has the power to arrest and prosecute people involved in copyright infringements, it still needs the support of journalists to achieve its aims, maintaining that copyright infringements have negative impact on authors and the society as a whole.

He said: “We need your support to stamp out copyright infringements. This means we all have responsibility.

“We have the power to search, arrest and prosecute. But, we rely on police, NSCDC and other security agencies so as to get it done. We have a good working relationship with the security agencies. The problem of enforcement is real.”

The Executive Secretary, Nigerian Publishers Association (NPA), Mr. Emmanuel Abimbola, in his contributions, urged governors of Southwest states to reduce fees charged on book review for publishers, stating that this will reduce cost of books in the markets which has become a burden to most parents in the country.

He insisted that fees charged on book review by government agencies particularly in the region is becoming exorbitant.

According to him, an official of one of the states once said that the exorbitant fee charged was a means of generating revenue which should not be so because education must be seen as a social service.

He said: “We don’t really have much problem with the government of other region because some of them only charge flat rate for the book review which we publishers are ready to cope with.

“However, we are calling on the government of states in the Southwest to stop the exorbitant fee, it is becoming too much, a situation whereby we are asked to pay N10,000 or N12,000 per book title, by the time you calculated it, it will be going to N2 to N3 million.


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