ABSTRACT
The
deregulation of the broadcast media in 1992 democratised the media space and
led to the establishment of the National
Broadcasting Commission (NBC) to regulate the Broadcast sector. NBC is the only
body empowered to process and recommend broadcast licence for the President’s
approval, through the Minister of Information. The lopsided approval of
broadcast licence to political elite who are members of the ruling party has
fuelled criticism among public analysts that broadcast media licence is being
used for political patronage. This study examined the political interference
and how the regulatory role of the NBC, affects the broadcasting industry in
Nigeria.
The
research design is a survey. The population was 1,558 broadcasters in the
public and private broadcast media organisations as well as NBC officials in
Lagos Nigeria. Using the criterion of professional experience of at least 15
years practice, purposive sampling was adopted in selecting senior Journalists
in 8 public and private media organisations and 7 senior officials of the NBC.
Consequently, 55 Key informants were interviewed from 8 public, private broadcast
media organisations and NBC. The instrument was an interview guide. The
Interviews from respondents were transcribed and sent via emails to ensure that
responses were true reflections of their views as validity. The data were
transcribed, content-analysed and thematically grouped based on research
questions.
Findings from respondents revealed
that the constitution of Nigeria and the NBC Act give room for political
interference in the operations of the NBC. The constitution and the Act cover
the powers of the President to grant broadcast licence while the Minister of
Information controls the broadcasting regulatory agency. The study also reveals
that causes of political interference are the power of the President to appoint
the Director General for NBC , and the Minister of Information controls the operations
of NBC as a parastaltal. The value addition of broadcast media as instrument
for social, economic and political mobilisation attracted the interest of
politicians to apply for broadcast licence. The study equally revealed that the
effects of political interference were noticed in poor quality broadcasting,
inadequate professionalism and lack of independence of the regulator.
The study concluded that
effectiveness of the regulatory role of the NBC was inhibited by the provisions
of the Constitution that enabled political interference. The study recommended
the review of the Constitution, NBC Act, Broadcasting Code and the
establishment of an Independent Media Commission to be managed by media
stakeholders.
CHAPTER
ONE
INTRODUCTION
1.1 Background to the
Study
Politics and
media are interwoven and critical to sustainable democracy because both involve
the people, process of communication, utilization of resources and decision
making. Kolade and Yankah, (1997), submitted that “politics and broadcast media
are mutually beneficial because people must communicate with one another and
the sovereign power of the people is not negotiable within the context of party
politics and the broadcast media”. (p. 7). Omu and Oboh (2008) also noted that
broadcast media play significant role in the conduct of politics in any
country, (p. 10), Hence, Ogor (2002) posited that in a democratic society
broadcasting is the “Oxygen of Democracy” (p. 74). It breathes life into
political activities, makes government accountable to the people and an avenue
for feedback on government policies, programmes and initiatives. Against this
background, Ogor (2002) stated “it is
the responsibility of the broadcast media to help increase the level of general
awareness and mobilisation of the populace and even as an active participant in the shaping of
democratic values through education and public enlightenment”, (p.86).
This postulation therefore set the stage for
the commencement of broadcasting in Nigeria in 1933 through the
“Redifussion Service” on Glover Street, Lagos to broadcast the policy of
the then Governor General of Nigeria, Sir Macpherson. The Redifussion service,
an offshore radio service from Britain could be described as a product of
politics, self interests and assertiveness by the British colonial power to
broadcast news from Britain to its colony – Nigeria. The colonial power
controls the operations of the Redifussion Service in terms of contents and
programmes, modelled after the British Broadcasting Corporation (BBC), operated
as a state monopoly. The control of
the Redifussion service was the first attempt at broadcast media regulation by government.
To accentuate the colonial government
monopoly on the broadcast media, in 1956, the colonial government enacted an Act
of Parliament (Ordinance No 39) enabling the conversion of Redifussion service
from the BBC control apparatus to Nigerian Broadcasting Service, (NBS). Its
role then was to regulate the operations of radio station in terms of ethical
standard of fairness, objectivity and balance of news and programmes, NBC
(2002) noted.
By 1957, the Nigerian Broadcasting Corporation,
(NBC), came into existence to replace NBS, as the broadcasting regulator. “In
October 1959, the famous Western Nigerian Television/Broadcasting Service,
(WNTV/WNBS) funded by the Western regional government under late the
Obafemi Awolowo’s Action Group was established. According Ejiofor,(2002),
“WNTV/WNBS” was founded by Chief Obafemi Awolowo to have a voice and a right of reply to the
central government broadcasting station- “the Redifussion Service”. The
Redifussion Service had turned down the request of the then late Premier of
Western Region to reply to an allegation against him by the Colonial government.
In 1960, Eastern Region Government set up its own television service, Eastern
Nigerian Television Service,(ENTS). This was followed by Radio Television
Kaduna established by the former Northern Nigerian Government, an arm of the
Broadcasting Company of Northern Nigeria, (BCNN), in March, 1962. In the same
year, the Federal government established the Nigerian Television Service, (NTS)
in Lagos. The (NTS) later changed its name to the Nigerian Broadcasting
Corporation /Television, (NBC/TV). All the regional broadcast stations in
Ibadan, Kaduna and Enugu were merged under the NBC/TV. The radio arm came under
the Federal Radio Corporation of Nigeria (FRCN) through military directive.
Later in the same year, General Olusegun Obasanjo led federal military
administration took over these television stations in 1978 and changed the name
to the Nigerian Television Authority, (NTA).
The main media regulatory agency in the early broadcast years was Posts
and Telecommunications which later changed to the Ministry of Information and
Culture till now.
The defining moment for the broadcast media in
Nigeria came in 1992, a new broadcast media regulatory authority, the National
Broadcasting Commission, (NBC), was
established. This was in response to plurality of the broadcast media as
practised in the liberal democracies of the world. In Nigeria, surprisingly, broadcast media
plurality started under the military government, when the NBC decree No 38 of
1992 was promulgated by the military administration of General Ibrahim
Babangida, deregulating the broadcast industry for creativity and competition.
The National Broadcasting Commission, (NBC)
in Nigeria
The NBC is the Nigerian broadcast regulatory
authority, set up in 1992 by the
Ibrahim Babangida administration as the first success story of broadcast media
deregulation. The essence of deregulation of the broadcasting media was aptly
couched in the words of Igbako (2005):
Deregulation
took its root in the overall policy of structural adjustment programme, SAP, of
the military regime in the late 80’s to early 90s. The policy known as SAP, did
not work in isolation as the political class needed more avenues to ventilate
their views and mobilise support for their organizations just as advertisers
clamoured for widening of the ownership base of broadcasting against background
of the asphyxiating hold of the federal and states governments on broadcasting,
(p. 4).
The pioneering Director- General was Dr Tom Adaba
and Bright Igbako became the Secretary. There were 12 board members drawn from
the media, academics, law, business and the Ministry of Information.
The first
board members were : Mr Peter Enahoro, Veteran Journalist, as Chairman, Dr Tom
Adaba, Veteran Broadcaster, Director General, Dr Dotun Okunbanjo, businessman
and public commentator, Alhaji Shehu Usman Ka’oje, a senior public official
from the National Orientation
Agency,T.J.O Okpoko, Senior Advocate of Nigeria ,former President Nigeria Bar
Association,Mr Ede Dafinione, Chartered Accountant, Mrs Modupe Adeogun a
retired University Administrator, Professor Elo Amucheazi, a political
scientist from University of Nigeria Nsukka, Mr Ralph Opara,Veteran radio
broadcaster, Chief Akin Odunsi,Rosabel Advertising, Alhaji Sani Kontagora, a
publisher, Alhaji Sidi Ali, Journalist, politician and businessman and a
representative of the Ministry of Information.
The administrative structure of the Commission
covers, the Board, the Director - General, Board of Management and expanded
Board of management. The Director -General appointed in 2016 is Mallam Ishaq
Modibo Kawu, a former member of the Board of the Commission. For administrative convenience, there are 10
zonal offices located in Abuja, Jos, Maiduguri, Kaduna, Kano, Sokoto, Ibadan,
Lagos, Benin, and Uyo to handle the statutory responsibilities of the
commission on the ever increasing broadcast media in Nigeria. Each of the zones
has a Zonal Director. According to the
NBC website (2017), the Commission’s administrative set up is now divided into
eleven departments and three units,
namely, Directorate of Monitoring, Finance and Accounts,
Engineering/Technology, Human Resources Management, Broadcast Policy Research ,
Investigation and Enforcement .
Other directorates are Secretary to the Commission,
Office of the Director General – Public Affairs, Director General Office and
Internal Audit Department. The three units within the Director General’s office
were, Public Procurement, Servicom, Anti –Corruption and Transparency. Three
directorates, Monitoring, Broadcast Policy and Research as well as
Investigation and Enforcement are germane to this study.
Statutory
Role of NBC
In line with
the act establishing the NBC, Idachaba (2015), Ihechu and Okugo (2013),
averred that NBC regulatory functions
are in line with the implementation of the National Mass Communication policy,
which covers national motivation, mobilisation and the attainment of national
or public interests, (p. 25) and (p.
14).
Broadcast
Licensing
This is the first major statutory function of the
NBC for the operation of a broadcast media in Nigeria. According to the NBC
(2012), the procedure for a broadcast license starts with purchase, processing
and consideration of applications for the ownership of radio and television
stations including cable television services, direct satellite broadcast and
any other medium of broadcasting. Applicants must have a limited liability
company with the Nigeria’s Corporate Affairs Commission, CAC. Applications are
subject to rules and regulation on its website- www.nbc.gov.ng.
The application fee is N50, 000, fifty thousand
naira non refundable. The processing entails viability and economic status of a
given area. There were three categories of applications, A, B and C for urban,
semi urban or rural areas spectrum or frequency allocation and its cost. Lagos,
Abuja, and Portharcourt as commercial centres and capital cities fall under
category A. The cost of licence fee is between N15 and N20 million naira for
radio and television. Akure, Ibadan, Kaduna, Kano ,Jos ,Maiduguri, were under
category B, while all the remaining
cities like ,Owerri, Dutse, Damaturu, Ikot Ekpene attract less licence fee of N10 million
naira. For Ikot Ekpene, Eruwa, and
Shagari village the licensing fee is below N10 million naira.
Despite the categorisation of licensing fees, the
Freedom House Report (2015) suggested that the broadcast media are complaining
over the high fees in line with the economic realities in the country.
The report emphasised:
Licensing fees and taxes for broadcast media remain high,
and many outlets experience financial difficulties, limiting their viability.
The only two nationwide broadcast networks are state-owned: the Federal Radio
Corporation of Nigeria and the Nigerian Television Authority (NTA). However, in
2010 the NBC awarded the first private radio and television network license to
Silverbird Communications, which had outbid two other private competitors for
the licenses, (p. 10).
Other requirements for a broadcast license include
the editorial and programmes of radio and television stations, its philosophy
and personnel scrutinised by broadcast experts from the NBC. The promoters must
swear under oath that the broadcast station if granted licence will promote
national unity and cohesion. Similarly, the proposed broadcast station must
state its engineering capacity such as type of mast, tower or guarded,
transmitter type, antenna and VTR – Video Tape Recorders for TV, and Audio
equipment for Radio. These facilities will be inspected by the NBC Engineers.
The application form clearly states that only
Nigerians by birth and naturalisation can own or promote terrestrial stations
while foreigners can provide services for cable broadcast operations. The Financial
capacity of the promoter (promoters) is equally evaluated through bank
reference by the commission. These are strict conditions for processing and
eventual granting of broadcast licences. See appendix for the NBC Form. Once
the application is verified and satified by NBC officials, a recommendation is
sent to the President by the Director- General through the Minister of
Information for approval. A broadcast
licence is renewable after five years. Only the President, Commander in Chief,
has the sole power to grant the licence according to the constitution. Nwanze
(2003) argued that “the provision of this law subjects the licensing procedure
to political manipulations and considerations especially under the democratic
rule”, (p. 250). The broadcast license can be revoked by the NBC, if the
broadcast stations breach the rules and regulations specified in the Nigeria
Broadcasting Code, referred to as “The Code”.
Content
Monitoring
Content Monitoring of broadcast stations in Nigeria
is done through strict adherence to programme schedules containing local and
foreign contents as contained in the “Broadcasting Code’, published by the NBC.
The Broadcasting Code guides the operations of the licensed broadcast
stations.NBC Broadcasting code (2012) provides a minimum of 60 per cent local
broadcast content for television and 80 per cent for radio.
The cable /retransmission stations are expected to
reflect a minimum of 20 per cent. Ihechu
and Okugo (2013) concluded that “ the standards for Nigeria local content specifies that
programmes and advertisements for family belt shall be devoid of sex or overt
sexual behaviour, nudity, violence, bloodletting, smoking, alcohol, drug abuse,
denigration of womanhood,offensive,lewd or vulgar language, expression and presentation”,
(p. 16). NBC (2009) also spelt out family belt to be between the hours of 7pm
and 10pm daily-a period when the family as a unit is presumed to be together
watching television. It is on record that the broadcast regulatory authority
has sanctioned both private and public television stations on violation of this
provision. (p. 18). Innocent and Uzoma (2013) said NBC’s inability to
effectively monitor the contents of radio and television broadcasts especially
as related to the foreign content broadcast was obvious in the broadcast
especially music and entertainments on radio and television. Some FM
stations fill most air time with
foreign music and television do the same
with Mexican soaps which has gradually
taken over from broadcasts of Nigerian dramas .Most
astonishing is the telecast of “Big Brother Africa “ programme on a satellite channel. Innocent &Uzoma (p.
2) remarked.
Sanctions
A sanction for broadcast stations by the NBC comes
as a result of violation or breach of the broadcasting code. Again MRA (2001)
classified the sanctions into revocation of licence, shutting down of or
sealing up of a station or transmitter, seizure or forfeiture of equipment and
suspension of licence. Another category
of sanction is, warning letter(s) to remedy a breach within a given time
failing which a fine will be imposed. (p. 22). The last category includes fines and stiffer sanctions for not
complying with earlier sanctions. This is divided into three categories, A, B
and C, see appendix. In category A, the sanction attracts payment of two million naira, temporary seizure of licence operation and even closure
of the stations if there is a breach of national unity or corporate existence,
violent, unrests, orchestrated by a broadcast station. Category B attracts
500,000 naira to fine for contravention. Category C can be warning and fine
ranging between 50,000 and 200,000 naira as stated in the NBC code 2012.
However, the NBC uses discretion for sanctioning on
minor breaches like late submission of quarterly programme schedules among
others. In the run up to the 2003 elections, the state owned media, NTA
supported the second term bid of President Olusegun Obasanjo, to use its
platform for campaigns, while his opposition party counterpart, Muhammadu Buhari
was not given the same opportunity during political campaigns. This obviously
was against the NBC code on political coverage section which says” no
broadcaster shall deny any person, party or group a right of broadcast of a
political advertisement”. NBC could not enforce the law, Bello (2010) states.
In October
2005, African Independent Television, AIT and Ray Power FM, were sanctioned
over the coverage of the Bellview Air crash. Adaba FM Akure , was also sanctioned for an alleged
inappropriate election coverage of the
then ruling party , Peoples Democratic Party, PDP campaigns in Ondo and Ekiti states. Adaba FM was closed
down in 2009, but it went to court for redress. The court not only reversed the
closure but asked the NBC to pay compensation to the station. Media Right Agenda, MRA, a media rights group
refers to these sanctions as inappropriate as state owned broadcast media are
also partisan in the coverage of electioneering campaigns and other breach of broadcasting
code.
Abati (2007)
described the broadcast of Big Brother
Africa, as instruments of pornography and money spinning and House of Representatives (2008), says “
the broadcast shows the weakness of NBC to protect the viewers cultural
heritage and moral persuasions”, (p.2). The Freedom House Report (2015)
re-echoed the dilemma of strict sanction of NBC on foreign broadcast as far
back as 2004, “a 2004 NBC ban on the live rebroadcast of foreign
programs, including news, on domestic stations remains in force. However,
international broadcasters such as the British Broadcasting Corporation (BBC)
and Voice of America remain key sources of news in the country”, (p. 12).
It was also noticeable that NBC
could not enforce the law against traditional medicine seller advertisement for
HIV/AIDS broadcast by the Islamic Medicine centers on Kano Radio and Freedom
Radio, which are against the NBC code (2012) section 7.3.5, which states an
advertisement shall not be broadcast if it contains an offer of a medicine or
product or an advice relating to the treatment of serious diseases,
complaints,conditions,indicationsor symptoms, which should rightly received the
attention of a registered medical practitioner.
Bello & Ashiru, (2010) agreed on this submission, (p.10).
NBC equally had challenges to
sanction broadcast stations who broadcast live religious programmes over four
hours especially in the Northern part of the country due to political pressures
from the elites who allegedly uses religion to wipe - up sentiments. A good
example is the religious programme on Kano Am radio which contravenes section
4.3.1 sub section 1 of the NBC Code (2012). (p.5).
Arbitration
Under this role, the NBC is expected to intervene in
a professional misunderstanding between or among broadcast stations especially
broadcast rights as noted in Euro 2000, Sydney Olympics 2000, and 2009 FIFA
World Cup. Here stakeholders accused NBC of bias. The disputes were between
Channels TV and NTA, in one instance and NTA and AIT, in another respect. On
Euro 2000, NBC ruled against Channels TV over obtaining broadcast rights from
TV Africa, because the station was not registered in Nigeria. It gave NTA the
broadcast right. In September, 2000, NBC ruled that only NTA and FRCN, members
of Union of Radio and Television Association, URTNA have the broadcast rights
to 2000 Sydney Olympics. AIT acquired
the broadcast rights for then telecast of FIFA 2009 Junior World Cup from FIFA,
over and above the state run NTA. The regulator ruled that only NTA should have
the broadcast rights. This was however overturned by FIFA in favour of AIT.
(Ihechu &Okugo,2013, p.17)
Funding of NBC
The NBC is funded through appropriation from the
country annual budgetary provision as approved by the parliament. According to
the NBC Act 1992, third Schedule, the broadcast regulator is entitled to a
percentage of licence fee and levy from the annual income of the licensed
broadcast stations. Other sources of income are broadcast license fee, renewal
and sale of spectrum. (NBC Code 2012,p.175).
Between
Broadcast Regulation and Deregulation
Two issues, broadcast regulation and deregulation
are also germane to this study in putting into perspectives the historical
background of the broadcast media in Nigeria. Media regulation is the legal
platform for the establishment of broadcast media in Nigeria, Goke (2013)
noted. It is a total control of the
ownership, funding and control of the broadcast media in Nigeria. Harvey (1999, p. 2) said media regulation
generally “involves intervention by the state in areas of economic, social or
cultural life according to whatever political norms of that Nation or state….
It may be issued by presidential decree or by legislative action within a
system of representative democracy” According to the NBC (2002), broadcast
media regulation in Nigeria started in 1933 with the establishment the
Redifussion Service under of auspices of the Ministry of Posts and
Telecommunications.
An Act of
parliament (Ordinance No 39) was introduced in 1956 to establish the National
Broadcasting Service. By 1957, the Nigerian Broadcasting Corporation was set
up. After the independence in 1960, the
government control was sustained by the Ministry of Information and Culture
under the military to the civilian administration until 1992 when deregulation
was introduced with the establishment of the National Broadcasting Commission,
(NBC). This was done through the NBC Act NO 38 of 1992, amended in 1999.
The deregulation of the broadcast media is described
as the reduction in the government control of the broadcast media to create
more entry and participation for the private ownership of radio and television
in Nigeria. (NBC 2002, p.7) stated. Accordingly, what was remarkable about the
deregulation in 1992 was the entry of more private investors in the broadcast
industry which led to healthy competition between the state and private owned
broadcast media, Goke et al (2013, p.1) indicated.
Television was the first major attraction to the new
broadcast media owners under the deregulation more than radio, although some of
the investors had both television and radio licences. The first set of
private television licenses according to
NBC (2005) were , Galaxy Pictures in
Ibadan, Desmims Broadcast,Kaduna;Triple Heritage Communications Limited, Abuja;
Degue (DBN),Lagos; IBW in Benin; Clapperboard( Universal), Lagos; Murhi
International, Otta now in Lagos; Minaj Systems Limited, Obosi,TDC Broadcasting
Limited , Lagos; Prime Television Limited, Ikorodu; Triax Company Nigeria
Limited, Enugu; Independent Broadcast Network, Warri; Channels Incorporated,
Lagos; DAAR Communications Limited (Raypower 100FM and African Independent
Television, AIT),Abuja and Vibrant Communications Limited, Aba. The Cable/
Satellite Television in 1993 were 51 stations from 10 companies, meant for
(Direct – To- Home Television Service, DTHS), (p. 8).
Eighteen more companies were approved to undertake
multichannel direct-to-home television services. Only three are in operations
in 2016. They are Multichoice Limited (DSTV) in Lagos, Communication Trend
(Trend TV) in Lagos and Fam-sum-ben Limited (Frontage TV), also based in Lagos.
Cable / Satellite Television (Multichannel Multipoint Distribution Service,
MMDS) licensed by the NBC since inception were 66, both for public and the
private media groups. Half of the
broadcast stations are operational. Some of them are: Ebonyi state owned
station, Abakaliki, Nigeria Liquefied Natural Gas, NLNG Company, Bonny,
Multimesh in Portharcourt and Power Cable Company in Surulere, Lagos. For
Terrestrial Television, NBC licensed 147.Out of these, federal government owned
Nigerian Television Authority, NTA had 99.At least one of these stations are
located in each senatorial zone of the country. States government had 34
television stations, while14 are owned by private companies.
Remarkably, the first set of radio and television
under deregulation were subjected to public scrutiny through a public hearing
by the NBC Between 1999 and 2002, a business tycoon, Chief Adebayo Akande, is
the owner of Splash FM Ibadan, Chief Alex Duduyemi, is the Chief Executive
Officer, Rainbow FM and politicians such as Alhaji Atiku Abubakar of Goethe FM,
Bola Tinubu of TVC/RC and Raymond Dokpesi of African Independent Television,
(AIT) and Ray Power FM among others have taken advantage of the economic and
political opportunities in the broadcast media to add to their economic and
political interest. Today, the numbers of both the private broadcast media
organisation has increased significantly. See the appendix for the lists of
radio and television station in Nigeria by the NBC.
In 2002, during the administration of President
Olusegun Obasanjo, the licences of twenty one broadcast stations were not
subjected to public scrutiny. Many of the broadcast station are owned by political stalwarts of the ruling
PDP and selected members of the opposition, APC. In 2014, during President
Goodluck Jonathan’s tenure , more broadcast licenses were granted to
politicians within the same ruling party
namely Crown FM, Ile Ife owned by Chief Iyiola Omisore, Parrot FM,
Ogbomosho. (NBC 2016 Station profile Ibadan Zone).
1.2
Statement of the Problem
No doubt the deregulation of the broadcast media has
led to an exponential increase in the number of radio and television stations
from both the government and the private investors across Nigeria. However,
these owners have varied interests ranging from economic, political, in
contrast to public interests. Ibrahim (2000) put the interests of politicians
who are owners of broadcast stations in perspective, “politicians themselves
believe that they need the media (broadcast inclusive) before they can win and
retain supporters. They also count on the support of the media before they
could sway the undecided voters to their side and gain in-road into opposition’s
camp”. Radio and television becomes so attractive. (p. 9).
While government or state owned broadcast station is
promoting the political interest, the private owners of radio and television
are alleged to promoting both political and commercial interests. These are
reflected in the news slant and programmes especially during the campaigns for
the general elections between 2003 and 2015. Bamgbose (2004), a former
President of Radio and Television, Thearter Workers Union, (RATTAWU), expressed
these concerns among others during the UNDP capacity development programme for
the media in Abuja, Nigeria’s capital.
He
stated:
today,
the public broadcast and private media are partisan and promoting the interests
of its promoters. The messages in the public media are tuned towards the ruling
party, while some of the private broadcast media are now allegedly owned by
businessmen, investors and media professionals who have sympathy for one
political party or the order.
Sada
(2002) equally submitted that “there is no gainsaying that the broadcast media
in the country are partisan. To him, “broadcast stations across the country are
now identified with one political party or the other”, (p. 5). Goke, Odegbenle,
Jegede (2013, p.2) also observed concerns about programme content on the
broadcast media post deregulation. They observed that the NBC broadcasting Code
requirements section 3.12, 3.13 .2.2 to 3.14 are not strictly adhered to. The
sections were specific on 60 to 40 per cent local programme content and 80 per
cent of all music broadcast on free –to - air terrestrial broadcasts has
suffered serious setbacks in favour of the foreign programmes especially from
the private broadcast media stations.
Since
the advent of democratic rule in Nigeria 1999, unethical conduct among some
media practitioners in the broadcast industry has been a recurring decimal
despite the operations of the broadcasting code published by the NBC.
Arogundade (2014) remarked in his opening address at the UNDP/IPC media forum
on ethical conduct during 2015 elections. These inadequacies are noticeable in
the breach of broadcasting code especially on content of news and currents
affairs in relation to political broadcasts. These unethical conducts are
contrary to standard of fairness and balance in the NBC(2012) broadcast code
sections 5.1.12, 5.1.13, 5.1.14, 5.2.1, 5.2.4 to 5.2.8 as outlined:
News
and Current Affairs programmes shall be guided by the ethical standards of
Journalism. Programmes devoted to the discussion of a matter of public interest
shall ensure fairness and balance. The selection of news stories shall
emphasise good taste, avoiding morbid, sensational, shocking or alarming
details that are not essential to conveying the essence of the events being
reported (p. 66, 67and 68).
Despite
these breaches of the broadcasting code, it has been alleged that the NBC had
been unable to appropriate sanction and if they do only private broadcast
stations are sanctioned as Media Rights Agenda, (MRA 2010) observed. “No public
funded broadcast stations were closed or license suspended. But the private
broadcast media outfits have faced stiffer sanctions. No broadcast license has
been revoked or withdrawn despite several warnings of deliberate breaches of
the broadcasting code”. At the 2010 consultative meeting of the Independent
Broadcasters Association of Nigeria, (IBAN), that the NBC seems not to be
neutral and media practitioners have observed that the regulatory agency seems
not to be independent. If the NBC is hesitant to sanction a federal government
or public owned broadcast media? Can it be said that the broadcast regulatory
agency is truly independent? What will be the fate of an inequitable
broadcasting practice in Nigeria? Is the ideal standard of broadcasting an
utopian in Nigeria? What could be responsible for the apparent lapses? Could it
be the nature of the political interference? Are there reforms that can be made
to the Nigeria Broadcasting Code? Against these numerous challenges faced the
NBC; this study unravels some of the challenges facing the broadcast regulatory
agency, NBC, as the democratic journey continues in Nigeria
1.3
Objective of the Study
The general objective of the study is to find out
the nature of political interference and how it has affected the regulatory role
of the National Broadcasting Commission, NBC. The specific objectives are to:
1.
identify the nature of
political interference affecting the regulatory role of the National
Broadcasting Commission, NBC;
2.
examine the causes of
the political interference on the
regulatory role of the National Broadcasting Commission, NBC;
3.
evaluate the effect of political interference
on the regulatory role of the National Broadcasting Commission, NBC and
4.
identify the reforms
that are meant to address political interference on the regulatory role of the
National Broadcasting Commission, NBC.
1.4
Research Questions
1.
What is the nature of
political interference affecting the role of the National Broadcasting
Commission, NBC?
2.
What are the causes of
political interference affecting the statutory roles of the NBC?
3.
In what ways are the
effects of political interference impacting on the regulatory role of the NBC?
4.
How can reforms of the
NBC Act solve the political interference on the regulatory role of the NBC?
1.5.
Justification for the Study
One of the ingredients of a successful democracy is
plurality of the media, where people have options to get information, education
and entertainment. To guard the excesses of the operations of these increasing
numbers of broadcast media in a democracy, there is need for an independent
broadcast regulator like the National Broadcasting Commission, NBC. Since its
operations in 1992, media scholars have not been able to study the role of
political influence on its statutory roles as the ownership and control of the
media are open to all. The question is
how independent is the broadcast regulator to curb the inadequacies of the
broadcast stations. In the last 18 years does the NBC act not in need of
reforms? Therefore, understanding the major impediments to the independence of
the NBC and suggestions of reforms on the enabling law of the broadcasting
regulator are germane to this study.
1.6 Scope of the Study
The study covered
political interference and regulatory role of the National Broadcasting
Commission from 1999 to 2016. This period was chosen to underscore the level of
political pressures and interference on the statutory roles of the NBC. The
study is also restricted to the broadcast media organisations in Lagos because
the headquarters and major operations of most the media organisations in
Nigeria are located in Nigeria’s commercial city.
1.7 Significance of the Study
This study put into perspectives the underline
factors for political interference on the regulatory roles of the NBC in the
actualisation of the statutory roles for the broadcast industry under the
democratic rule, which has not been done before now.
Similarly, this is a
study conducted by a broadcast professional filling
the gaps in literature on broadcast media regulations as it affects the
broadcast regulator in Nigeria which hitherto has been dominated more by legal scholars to the consternation of media professionals
as noted by Harvey,(1999,p. I). In the words of Ihechu and Okugo (2010), “the
study of broadcasting regulations has started to creep into edges of media
studies curriculum and the wind of change should be welcomed”, (p.12). The
findings of the study would further benefit broadcast organisations and
regulators globally as reference materials in the area of broadcast
regulations. The study is equally coming at a time the review of the Nigeria
Broadcasting code is under review, the findings and recommendations would be
useful to the stakeholders in the broadcast industry engaged in the review.
1.8.
Operational Definition of Terms
These are terms which occur in this research and are
defined to enable readers understand the appropriate context in which they have
been used.
Broadcasting: This
is the transmission of information through signals across to viewers through
radio, television and online, according to broadcast station’s schedules.
Regulations:
These are rules guiding operations of broadcast stations. It is compiled in a
booklet called “Nigeria Broadcasting Code”, published by the National Broadcasting
Commission and put together by stakeholders in the broadcasting industry. The
Broadcasting Code is reviewed every four years.
Broadcast
Stations: These are electronic media organisations
that inform, educate and entertain viewers and listeners through the
Television, Radio as well as online through audio and video streaming outlets.
These broadcast stations are licensed and regulated by the National
Broadcasting Commission, NBC.
Political Interference
This is the involvement of government in the operations
of broadcast stations and the National Broadcasting Commission, NBC.
National Broadcasting Commission, NBC: This
is the sole broadcast media regulatory agency in Nigeria, statutorily empowered
by the constitution through a decree in 1992 and act of parliament in 1999 to
licence, monitor, and sanction radio and television stations in Nigeria. It
publishes a broadcasting code to guide the operations of the radio and
television stations across the country. The code is reviewed every four years.
The Broadcasting Code: The
broadcasting code is a booklet which contains the “rules of engagements guiding
broadcasting operations in Nigeria. It spells out the dos and don’ts on radio,
television, satellite and cable transmission. Popularly known as “The code”.
Broadcast Regulation:
This is the government control of the ownership of the broadcast media.
Broadcast Deregulation: This
is government attempt to allow more participation, ownership and control of the
broadcast media.
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