‘Desist from causing a chilling effect in the media environment’ – DigiCivic Initiative Warns NBC
DigiCivic Initiative notes with concerns the final warning of the National Broadcasting Commission (NBC) issued against the Arise TV station yesterday the 6th of October 2023 in respect of its morning show; citing the media house for allowing incendiary remarks on live tv and demanding the station to apply a delay mechanism on a real time program in order to manipulate the information presented to the members of the public!
The commission went ahead to cite the provisions of its NBC broadcasting code under broadcast rule and code 1.10.3, 3.3.1(a), 3.3.3(c), 3.3.1 (e), 5.3.3(b) and 5.5.6 as bases for its action.
We also noted that earlier this year in February 2023, the NBC had imposed the sum of N2 million fines on Arise News and TVC for alleged breach of national broadcasting codes in the countdown to the 2023 general election.
While we understand the regulator’s responsibility to ensure that media houses comply with its requirements for professional broadcasts, we must however draw distinctions as to expressions or statements made in good faith and to allow citizens pursue their rights to access information, participate in governance and political debates, especially at a time like this in which Nigeria has come under international scrutiny.
The NBC must know that its actions presupposes that citizens have no right to criticize and call out public office holders in order to make them accountable to the people as required in a democratic nation like Nigeria.
We must reiterate that on the matter of criticizing the government and public officials, the Nigerian Judiciary, per Olatawura, JCA, had long analyzed and pronounced, as far back as in 1985, on the salient obligations and role of citizens in criticizing the government and public officials in the interest and pursuit of accountability, transparency, and good governance. He held as follows:
“Let us not diminish from the freedom gained from our colonial masters by resorting to laws enacted by them to suit their purpose… Those in public office should not be intolerant of criticism. Where a writer exceeds his bounds, there should be resort to the law of libel where the plaintiff must of necessity put his character and reputation in issue. Criticism is indispensable in a free society.”
In addition, media houses and television stations provide platforms for citizens to participate in governance and public debates and it is outrageous that the NBC expects the tv station to silence its guests while they are performing their constitutionally guaranteed duty to the Nigerian nation. It is even absurd to restrain the good people of Nigeria from expressing themselves or having access to diverse information in the forms of divergent perspectives on political matters and governance.
In the light of this, we call on the NBC to exercise restraints and keep in focus its allegiance to the constitution of the federal republic of Nigeria and refrain from being used as a tool for censorship and promoting the manifest chilling effects on the press, which have been their ordeal since the 2015 to 2023 administration, where the press was gagged without inhibitions through the office of the then Minister of Information, Lai Mohammed.
It is absolutely wrong for the NBC to continue in this path as it becomes obvious that its intent is to use regulations to silence journalism and restrain the press. The Nigerian press is guaranteed the right to freedom of expression as it is reasonably necessary in a democratic society under the 1999 Constitution of the Federal Republic of Nigeria (as amended), the African Charter and other International instruments.
We therefore call on the NBC to desist from causing a chilling effect in the media environment, promote, respect and protect the right to the freedom of expression of citizens and withdraw its sword for the good of our civic space, and for the ultimate good of the Nigerian democracy.
Signed:
DigiCivic Initiative
