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SERAP, NGE sue NBC over threats to sanction broadcasters

From The Punch · (Apr 26) English Critical tone

Summarized and contextualized by DistantNews.

TLDR

  • The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have sued the National Broadcasting Commission (NBC) over its directive threatening to sanction broadcasters.
  • The lawsuit challenges the NBC's provisions in the 6th Edition of the Nigeria Broadcasting Code, arguing they are vague, overly broad, and infringe on freedom of expression and media freedom.
  • SERAP and NGE contend that the NBC's actions stifle journalistic practice, suppress democratic engagement, and create a chilling effect on media practitioners, especially ahead of the 2027 general elections.

In a significant challenge to regulatory overreach, the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have taken the National Broadcasting Commission (NBC) to court. The lawsuit, filed at the Federal High Court in Lagos, directly confronts the NBC's recent directive that warned broadcast stations and presenters against expressing personal opinions, bullying guests, or failing to maintain neutrality. SERAP and NGE decry this directive as an "arbitrary, unconstitutional, and unlawful" threat that undermines the core tenets of journalism and democratic discourse.

arbitrary, unconstitutional, and unlawful

— SERAP and Nigerian Guild of EditorsDescription of the NBC's directive threatening to sanction broadcasters.

The plaintiffs argue that the specific provisions of the 6th Edition of the Nigeria Broadcasting Code, which the NBC is using as a basis for these threats, are "vague and overly broad." They contend that these provisions fundamentally breach the freedom of expression and media freedom guaranteed by the Nigerian Constitution. SERAP and NGE emphasize that journalistic work inherently includes opinion, commentary, and analysis, which are essential for robust public debate and holding power to account. To restrict these elements, they argue, is to impermissibly exclude the very essence of journalism.

vague and overly broad

— SERAP and Nigerian Guild of EditorsTheir characterization of the provisions in the 6th Edition of the Nigeria Broadcasting Code relied upon by the NBC.

This legal action comes at a critical juncture, with the 2027 general elections on the horizon. SERAP and NGE warn that the NBC's heavy-handed approach risks suppressing democratic engagement by limiting Nigerians' access to diverse information and competing political viewpoints. The threat of sanctions, they assert, creates a "chilling effect" on journalists and broadcasters, potentially leading to self-censorship and a less informed public. The suit seeks to ensure that the NBC's regulatory actions do not override constitutional rights or stifle the vital role of the media in a democracy.

constitute a fundamental breach of freedom of expression and media freedom guaranteed by the Nigerian Constitution.

— SERAP and Nigerian Guild of EditorsTheir argument regarding the NBC's directive.
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Originally published by The Punch. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.