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You Can’t Police Opinions on Air, Court Tells NBC

L-R: Dr. Aminu Maida, Executive Vice Chairman (EVC) of the Nigerian Communications Commission (NCC) and Mr Charles Ebuebu, Director General of NBC on Thursday, at a joint press conference on Digital Switch Over (DSO) held in Abuja.

A Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from sanctioning or punishing broadcast stations and presenters over the expression of personal opinions, alleged bullying of guests, or failure to maintain neutrality on air.

You Can’t Police Opinions on Air, Court Tells NBC

SERAP

Justice Daniel Osiagor granted the interim injunction following an ex parte application filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).

The court specifically restrained the NBC, its officers, agents and affiliated persons from enforcing its recently issued “Formal Notice” or imposing sanctions, fines or penalties on broadcasters based on provisions of the 6th Edition of the Nigeria Broadcasting Code, pending the hearing and determination of the substantive suit.

SERAP and NGE had approached the court to challenge what they described as an arbitrary and unlawful move by the commission to punish broadcasters for allegedly expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality during programmes.

The groups also asked the court to determine whether the provisions of the Nigeria Broadcasting Code relied upon by NBC were inconsistent with the 1999 Constitution, as amended, and Nigeria’s international human rights obligations.

The suit followed an April statement by the NBC in which it raised concerns over what it described as increasing violations of the broadcasting code across news, current affairs and political programmes.

The commission had warned that presenters who expressed personal opinions as facts or bullied guests during live broadcasts would be sanctioned.

However, Justice Osiagor, in his ruling, held that pending the hearing of the substantive matter, the commission must refrain from using the formal notice to threaten, sanction or punish broadcast organisations and on-air personalities under the contested code provisions.

The matter was adjourned until June 1, 2026, for hearing of the motion on notice.

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Franklin Ugo Ndibe is a seasoned Nigerian journalist and media professional renowned for his incisive reporting and editorial leadership in the information and communications technology (ICT) sector.

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