Connect with us

News

SERAP, Editors sue Buhari, NBC, others over threat to shut down 53 broadcast stations

Published

on

Balarabe Shehu Ilelah, DG, National Broadcasting Commission

Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors (NGE) have sued President Muhammadu Buhari and the National Broadcasting Commission (NBC) over the use of the NBC Act and broadcasting code to threaten to shut down 53 broadcast stations in the country for alleged failure to renew their licenses.

The NBC had last week revoked the licenses of the 53 broadcast stations and threatened to shut down their operations within 24 hours over alleged N2.6 billion debt, asking the stations “to pay all outstanding license fees on or before August 23, 2022 or shut down by 12am on August 24.”

In a statement jointly signed by the General Secretary of NGE, Iyobosa Uwugiaren and SERAP Deputy Director, Kolawole Oluwadare, on Tuesday, the groups asked the court for a declaration that Section 10(a) of the third schedule to the National Broadcasting Act used by the NBC to threaten to revoke the licences of 53 broadcast stations and to shut down the broadcast stations was unconstitutional and unlawful, as it violated the freedom of expression.

In the suit tagged FHC/L/CS/1582/2022 SERAP and NGE are asking the court to determine “whether section 10(a) of the Third Schedule to the National Broadcasting Act used by NBC to threaten revoke the licenses of 53 broadcast stations and shut them down is not in inconsistent and incompatible with freedom of expression and access to information.”

The Minister of Information and Culture, Lai Muhammed, was joined as defendant in the suit.

The statement read in part: “The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information – in its individual and collective aspects – in a democratic society.

“Indeed, the media has the task of distributing all varieties of information and opinion on matters of general interest.

“The public has a right to receive and assess this information and opinion independently. Therefore, the existence of a free, independent, vigorous, pluralistic, and diverse media is essential for the proper functioning of a democratic society.

“According to the Declaration of Principles on Freedom of Expression in Africa adopted by the African Commission on Human and Peoples’ Rights, ‘licensing processes shall seek to promote diversity in broadcasting. Any registration system for the media shall not impose substantive restrictions on the right to freedom of expression.’

“Revoking the licenses of 53 broadcast stations and shutting down their operations because they have not renewed their licenses would both seriously undermine the rights of millions of Nigerians to express their thoughts, and their right to seek, receive, and impart information and ideas of all kinds, in any medium they choose.

Read also: NBC: SERAP gives Buhari 24 hours to withdraw shutdown threat on AIT, Silverbird, others

“Freedom of expression includes the public’s right to receive, and the right of those who express themselves through a medium of communication, to impart the greatest possible diversity of information and ideas.

“The right to freedom of expression is based on the right to establish or use a media outlet to exercise freedom of expression and on society’s right to have access to a free, independent, and pluralistic media that allows for the most and most diverse information.

“Therefore, the strengthening of the guarantee of freedom of expression is a precondition for the exercise of other human rights, as well as a precondition to the right to participation to be informed and reasoned.

“The media including the affected 53 broadcast stations play an essential role, as they allow millions of Nigerians to access both the relevant information and a variety of perspectives that are necessary for reaching reasonable and informed conclusions on matters of public interest.

“Under the Nigerian Constitution and human rights treaties to which Nigeria is a state party, freedom and diversity must be guiding principles in the regulation and licensing of broadcasting. The threat to shut down 53 broadcast stations is entirely inconsistent and incompatible with these principles.

“It is the mass media such as the 53 broadcast stations that make the exercise of freedom of expression a reality. This means that the conditions of its use must conform to the requirements of this freedom.

“Therefore, any regulation of the media, including licensing, must be evaluated according to the guidelines and directives imposed by the right to freedom of expression.”

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now