NBC must not trample on press freedom

The National Broadcasting Commission (NBC’s) recent threat to invoke punitive clauses of the Nigerian Broadcasting Code against anchors and presenters, prohibiting them from expressing personal opinions as fact, bullying or intimidating guests, denying fair hearing to opposing views, or otherwise compromising neutrality amounts to undisguised intimidation and a direct assault on the cardinal principle of […]

The National Broadcasting Commission (NBC’s) recent threat to invoke punitive clauses of the Nigerian Broadcasting Code against anchors and presenters, prohibiting them from expressing personal opinions as fact, bullying or intimidating guests, denying fair hearing to opposing views, or otherwise compromising neutrality amounts to undisguised intimidation and a direct assault on the cardinal principle of press freedom. The Commission vowed to classify such conduct as a Class B breach of the Code whenever it suspects a presenter or anchor has violated its broadcast guidelines.

Justifying the threat, the Commission said, in a statement that “The National Broadcasting Commission (NBC) has identified a sustained increase in breaches of the 6th Edition of the Nigeria Broadcasting Code across News, Current Affairs, and Political Programmes. Broadcast platforms are increasingly being deployed in ways that depart from their core obligation to inform the public with accuracy, balance, and professionalism”.

The commission justified its threat by saying that presenters of current affairs programmes characteristically expressed personal opinions as facts, failing to give equal representation to opposing views, and allowing inflammatory or divisive content on programmes. It stressed that such actions violated the code’s provisions requiring accuracy, professionalism, and responsible conduct. 

The Commission linked its decision to ongoing political debates ahead of the 2027 elections, inferring an “increasing use of broadcast platforms by political actors to air divisive, inflammatory, and unsubstantiated content.” It warned that broadcasters would bear full editorial responsibility for all content aired, including during live programmes, adding that such responsibility cannot be transferred to guests, and that airwaves must not amplify tension or propagate misinformation if they must remain platforms for credible information and national cohesion.

The Commission’s penchant for invoking Class B breach of the Broadcasting Code has been a subject of litigation in the last few years. Media advocacy organisations had instituted court cases against NBC, and it sanctioned many of Nigeria’s broadcast stations for supposedly violating its Code, with the alleged offences ranging from biased reporting to hate speech. Some of the broadcast stations were made to pay heavy fines; others had their broadcast licenses suspended.

However, on May 10, 2023, the Federal High Court in Abuja, presided over by Justice James Omotosho, ruled that fines are criminal sanctions and only courts of law can impose them. It, therefore, set aside NBC’s fines of ₦500,000 each imposed on 45 broadcast stations in 2019. The court emphasised that NBC “is neither a court nor a judicial tribunal” and, therefore, cannot pronounce guilt or impose punishment.

Also, the Federal High Court in Lagos, on June 13, 2024, presided by Justice Nicholas Oweibo ruled that NBC cannot impose fines or sanctions on broadcast stations, as that would amount to harassment and intimidation of independent media houses. The court unequivocally declared that NBC lacked the legal power to impose penalties such as fines, suspension, or withdrawal of licenses.

Furthermore, a three-member panel led by Justice Oyebiola Oyewumi of the Court of Appeal in Abuja, in April 2026, dismissed NBC’s appeal against an earlier judgment and upheld the lower court’s ruling. The appellate court affirmed that NBC’s fines on 45 stations were null and void. The judgment reinforced that NBC exceeded its statutory authority and violated constitutional provisions on press freedom. It is, therefore, disturbing that in the same month that the Court of Appeal dismissed its appeal to impose sanctions on broadcast stations, the NBC decided to issue fresh threats.

As the judges have pronounced, NBC’s fines violate press freedom in Nigeria. The principle of press freedom is unequivocal. It is that journalists, media organisations, and individuals have the right to publish information, opinions, and ideas without censorship or undue interference from government or powerful interests. This liberty is a cornerstone of democracy and is protected in many constitutions and international human rights laws.

It is clear in Section 39(1) of the Constitution of the Federal Republic of Nigeria, as amended, that “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impact ideas and information without interference.” The Constitution empowers every Nigerian, including broadcast anchors and interviewers on broadcast platforms, to express themselves and to hold opinions. The NBC code is an affront to the Constitution, as it attempts to strip journalists of this constitutional right.

The code has since been an unnecessary fetter on broadcast stations in Nigeria, an attempt to cow them from raising critical questions in the polity as the country approaches the crucial 2027 elections. Media platforms are the equivalent of a village square where everyone is at liberty to express their viewpoints, where ideas are debated without obstructions. What the NBC refers to as violations of its code are taken care of by other laws in Nigeria. Defamation and libel are punishable under Section 375 of the Criminal Code and Section 391 of the Penal Code. Hate speech is taken care of by Sections 88 and 95 of the Criminal Code Act, which prohibit statements inciting violence or promoting hostility against groups; Section 417 of the Penal Code also criminalises incitement and statements likely to cause public disorder. Bullying and harassment are covered under Section 249 of the Criminal Code Act, which prohibits conduct likely to cause a breach of peace, including intimidation and harassment; Section 396-398 of the Penal Code also addresses criminal intimidation and harassment.

At the level of professionalism, the NBC over-stresses the concept of neutrality in Journalism beyond its practical application, to mean journalists must not take a stand on issues. This is absolutely false. Journalism is not just about relaying facts—it’s about serving the public interest, defending democracy, human rights and truth. These require journalist to analyse issues, ask probing questions, and even comment on such issues. Unfortunately, the NBC misconstrues such practice to mean adversarial tactics.

We admit that the NBC has the duty to uphold professionalism and accountability in the broadcast media, but such a role must not be extended to curtailing the liberty that the constitution grants all Nigerians, among them journalists. The NBC must refrain from intimidating or silencing media houses through arbitrary fines. As the courts have pronounced, only courts of law, not NBC, can determine who is guilty of violating the law; it is the courts that have the power to impose penalties, ensuring due process, not NBC.