At The Unveiling of amendment to the 6th Edition of the Broadcasting Code, What The Hon Minister of Information And Culture, Lai Mohammed Said.

Unedited Speech
REMARKS BY THE HON. MINISTER OF INFORMATION AND CULTURE, ALHAJI LAI
MOHAMMED, AT THE UNVEILING OF THE REVIEWED BROADCASTING CODE IN LAGOS
ON TUESDAY AUG. 4TH 2020
PROTOCOL
Let me formally welcome all of us to this unveiling of the new
amendment to the 6th Edition of the Broadcasting Code. This event
couldn’t have come at a more expedient time, after the various
stakeholders in the industry have ventilated their views on this all
important document.
2. This is an amendment to an existing 6th edition of the Code, which
was launched in Kano in July 2019. Before the launch of the Code in
Kano, there were wide stakeholder meetings and discussions on
virtually all the provisions of the 5th edition, which was now
reviewed as the 6th edition.
3. The amendments were necessitated by a Presidential directive, in
the wake of the 2019 general elections, for an inquiry into the
regulatory role of the National Broadcasting Commission (NBC) as well
as the conduct of the various broadcast stations before, during and
after the elections.
4. Following the inquiry, Mr. President approved many
recommendations that will reposition the NBC to perform its regulatory
role better. Key among the recommendations is the need to amend the
provisions in the Code and Act. The amendments are mostly in the areas
of political broadcasting, local content, coverage of emergencies,
advertising and anti-competitive behaviour.
5. Ladies and gentlemen, there are many desirable provisions in the
new Broadcasting Code:
– The provisions on Exclusivity and Monopoly: This Antitrust provision
will boost local content and local industry due to laws prohibiting
exclusive use of rights by broadcasters who intend to create
monopolies and hold the entire market to themselves. It will encourage
Open Access to premium content. I must explain that this provision is
not new to Nigeria Broadcasting. Exclusivity was disallowed at a
certain time in the history of our broadcasting. I recall Multichoice
sub-licensing EPL matches to other local operators in Nigeria. I
recall HITV engaging several local operators on sub-licensing the EPL
when they got the rights.
– Sub-licensing and Rights sharing create opportunities for local
operators to also gain traction and raise revenue for their services
– The law prohibiting backlog of advertising debts will definitely
promote sustainability for the station owners and producers of content
– The law on registration of Web Broadcasting grants the country the
opportunity to regulate negative foreign broadcasts that can harm us
as a nation. Such harms could be in the area of security, protection
for minors, protection of human dignity, economic fraud, privacy etc
– The provisions on responsibility of broadcast stations to devote
airtime to national emergencies: This provision obviously mandates
terrestrial and Pay TV channels to make their services available to
Nigerians at time of national emergencies – like the ongoing Covid-19
pandemic – for their education and enlightenment.
– The provision raising the fine for hate speech from 500,000 Naira to
5 million Naira.
6. Permit me to say that section 2h of the NBC Act specifically
empowers the Commission to establish and disseminate a National
Broadcasting Code and set standards with regard to the content and
quality of materials for broadcast.
7. From the above, it is clear that it is a regulatory function to
establish the Code. It is democratic when the regulator engages
stakeholders to get their views. This could be done in several ways,
including questionnaire, conferences, face-to-face discussions and
focused group discussions. Once the regulator has factored all the
views, he takes a decision to codify provisions that best address the
needs of the country. This is what NBC has done in this case.
8. What I have observed in the reactions to the last amendment are
interests who believe that their singular business interest is
superior to the national interest. Therefore, they have resorted to
all kinds of blackmail, using hack writers. Ladies and gentlemen, we
remain unperturbed, because we are acting in the national interest.

9. The Broadcasting Code is not a static document. As we often say,
broadcasting is dynamic. Therefore, even the 6th Edition of the Code
shall be reviewed at the appropriate time.
10, But, as it currently stands, the 6th edition and the amendments,
which we are unveiling today, remain the regulations for broadcasting
in Nigeria. Our intention remains the good of the country. We need to
catalyze the growth of the local industry. We need to create jobs for
our teeming creative youths. The opportunities must be created and we
believe that effective regulatory interventions are a sure way of
attaining this. That’s why we will not waver.
11. For those who still have misgivings about the amendment to the
6th Edition of the Code, we expect you to meet with the regulator and
present your views. As I said, there are opportunities for constant
review of the Code, but please note that this latest amendment is
signed, sealed and delivered, and we are committed to making it work
for the good of the country
12. I thank you all all for your kind attention.