SERAP and the Centre for Journalism Innovation and Development v. National Broadcasting Commission, Minister of Information and Culture and President of Federal Republic of Nigeria
Last Case Update
The case discusses a directive issued by Nigeria’s National Broadcasting Commission (NBC) ordering journalists and broadcast stations to stop reporting cases like terrorist activity and kidnapping, under the threat of handing out fines and other forms of punishment.
In a letter dated July 7, 2021, the Nigerian Broadcasting Commission (NBC) requested broadcasting stations to stop reporting details of insecurity incidents and to join hands with the government by not “glamorising the activities of insurgents, terrorists, kidnappers, bandits.” Additionally, the letter stated that stations should advise “guests and/or analysts on programmes not to polarise the citizenry with divisive rhetoric, in driving home their point.” By using vague words and phrases such as ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’, the statement did not outline the individual conducts that would fall within the directive. The enforcement of this directive could have a chilling effect on the work of those seeking to hold the government accountable to the public.
As a result, on July 23, 2021 the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development filed a lawsuit against the President, the Minister of Information and Culture, and the NBC, asking the court to “declare illegal the gag order stopping journalists and broadcast stations from reporting details of terrorist attacks and victims, as the order violates media freedom, and Nigerians’ freedom of expression and access to information.” They argue that the directive is incompatible with sections 22 and 39 of the Constitution of the Federal Republic of Nigeria 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of International Covenant on Civil and Political Rights.
Moreover, the applicants are also seeking “a declaration that sections 5.4.1[f] and 5.4.3 of the National Broadcasting Code and their application to the daily review of newspaper headlines by broadcast stations are inconsistent with sections 22 and 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.”
Former President Muhammadu Buhari faced harsh criticism for his actions towards the worsening security situation in Nigeria. His administration deployed several efforts to control the public’s opinion on the problem. The new directive issued by the NBC comes as the government’s latest attempt to censor the media. Some other examples are: the controversial bills that attempt to regulate social media and censor the press, and the seven-month ban on Twitter after the platform deleted some of Mr. Buhari’s tweets.
In August 2021, Media Rights Agenda (MRA) filed a suit against the NBC to challenge its legal authority to regulate and licence social media platforms.
In 2023, the NBC repeatedly sanctioned broadcast stations for allegedly contravening the Nigeria Broadcasting Code, particularly during the elections. However, the Federal High Court Abuja ruled in June that the NBC had no power to impose sanctions or to conduct criminal investigations, and therefore restrained it from imposing further sanctions.