Everything you need to know about the proposed amendments to 6th NBC code and why it’s bad for Nigeria
The National Broadcasting Commision (NBC), the government agency regulating the Nigerian broadcast industry, recently released the revised 6th edition of the NBC code, which according to industry stakeholders will frustrate investors in the broadcast and creative industry in Nigeria.
Since the code was released, Jason Njoku of iROKOtv; Chris Ihidero, founder of PinPoint Media, Simon Kolawole Publisher of The Cable are some of the many prominent stakeholders who have raised their voices to condemn it and explained how it will kill businesses and send investors out of the country.
Their vexation is not out of place, several sections of the revised code will outrightly kill any flourishing business.
Here are what you need to know about the obnoxious sections of the new NBC code:
Section 6.2.8 states that “Exclusivity shall not be allowed for sporting rights in the Nigerian territory and…no broadcaster or licensee shall license or acquire foreign sporting rights in such a manner as to exclude persons, broadcasters or licensees in Nigeria from sub-licensing the same.”
This means a broadcaster who has acquired rights to broadcast a foreign league will be compelled to give such content to local stations notwithstanding if it will affect their investment.
Section 6.2.10 says a broadcaster cannot transmit sports content unless it has also acquired a minimum of 30 percent equivalent of local licencing of the same category. The implication is that pay TV operators will not be allowed to broadcast Premier League, UEFA Champions League etc, except they acquire rights to broadcast 30 percent equivalent of the Nigerian Professional Football League. Before controlling what broadcasters show, making the local league marketable and profitable ought to be the first step.
Sections 9.0.1 to 9.1.1.8 state that a broadcaster must sub-license a programme in any genre if such “enjoys massive viewership”. What it means is that FilmHouse Cinema, Silverbird, Netflix, and others who invest in exclusive contents will be forced to sub-license their investment to any competitor at a cost stipulated by NBC if the two parties cannot reach an agreement.
Section 9.4.6 of the new code says private and commercial broadcasters shall ensure they allot a minimum of 20 percent of weekly broadcast hours to public services programmes on emergencies, current trends and issues. “Such programmes shall be given prominence during family belt and shall not be less than 120 minute per day.”
This means broadcast stations must dedicate two hours of their broadcasting time to show public programmes like the APC crisis, and trending issues in the country. Jason Njoku says we should “essentially be ready for NTA everywhere” if this code comes into effect.
Why it is bad for Nigeria:
Service providers like Netflix, Amazon, iROKOtv, and MultiChoice who have invested hugely in Nigeria’s creative industry will start moving their investment elsewhere where they can recoup their money. Just as Jason Njoku has said, it will no longer make sense to invest in Nigeria if the regulations are implemented.
The code will restrict and kill innovation and investment in local content, who wants to create what he/she will be forced to sub-license to competitors at a government regulated cost?
The value of programmes will diminish when broadcasters are compelled to share their programmes. When they lose income massively, they will also lose the incentive to invest in developing new programmes.
