NBC’s fine on media organisations unconstitutional – court

The Federal High Court in Ikoyi, Lagos, has ruled that the National Broadcasting Commission (NBC) lacks the legal authority to impose fines or other punitive measures on independent media organisations in Nigeria.

Justice Nicholas Oweibo, in its judgment, declared that NBC’s actions—such as imposing fines, suspending licences, and enforcing other sanctions—violate constitutional guarantees of freedom of expression, access to information, and fair hearing.

The judgment, delivered in June 2024, followed a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID).

The suit challenged NBC’s imposition of fines on media outlets in 2022.

These fines were levied against Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited, and TelCom Satellite Limited for broadcasting documentaries on terrorism, which NBC claimed “glorified banditry” and undermined national security.

Justice Oweibo ruled that SERAP and CJID had the legal standing to sue, emphasizing the public interest nature of the case. He upheld the plaintiffs’ arguments, stating that NBC’s actions were unconstitutional.

The judge further held that “NBC’s imposition of a ₦5 million fine on the media organisations violated fundamental principles of legality, necessity, and proportionality, thereby breaching constitutional and international obligations.

“The use of the Broadcasting Code to impose sanctions without court approval was inconsistent with the Nigerian Constitution and international human rights treaties.”

Justice Oweibo ordered that the fines imposed on the media organisations be set aside.

He also restrained NBC and its agents from unlawfully sanctioning or harassing media outlets in the future.

The judgment highlighted that penal sanctions, such as fines, are criminal in nature and can only be imposed by a court of law.

While underscoring the importance of media freedom in fostering diverse public discourse, the judge remarked: “The documentaries aired by the media houses are in the public interest, and punishing them would have a chilling effect on journalism and freedom of expression.”

The case arose after NBC fined several media outlets in 2022 for airing the BBC Africa Eye documentary Bandits Warlords of Zamfara.

NBC argued that the content violated the Nigeria Broadcasting Code by undermining national security.

However, SERAP and CJID contended that the fines were arbitrary, unconstitutional, and infringed on the rights of the media to report on issues of public importance.

The plaintiffs cited provisions of the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights to support their case.

They argued that restrictions on freedom of expression must meet strict legal criteria, which NBC’s actions failed to satisfy.