SERAP gives Buhari 24hrs to withdraw threat to shut down 53 TV, radio stations
The NBC had last week revoked the licenses
of the 53 broadcast stations and threatened to shut down their operations
within 24 hours over alleged N2.6 billion debt. The NBC has now asked the
stations “to pay all outstanding license fees on or before August 23, 2022 or shut
down by 12am on August 24.”
But in a letter signed by SERAP’s deputy
director, Kolawole Oluwadare, the organisation said, “The
threat to shut down 53 broadcast stations is neither necessary nor
proportionate. If carried out, it would offend the legal principles of equity
and equality of access to mass communication.”
SERAP said, “Under the Nigerian
Constitution 1999 [as amended] and international human rights law, freedom and
diversity must be guiding principles in the regulation and licensing of
broadcasting. The threat to shut down 53 broadcast stations is entirely
inconsistent and incompatible with these principles.”
According to SERAP, “Revoking the licenses
of 53 broadcast stations and shutting down their operations because they have
not renewed their licenses would undermine the rights of millions of Nigerians
to express their thoughts.”
The letter, read in part: “It would also
violate Nigerians’ right to seek, receive, and impart information and ideas of
all kinds, in any medium they choose.
“We would be grateful if the requested
action is taken within 24 hours of the receipt and/or publication of this letter.
If we have not heard from you by then, SERAP shall take all appropriate legal
actions to compel your government to comply with our request in the public
interest.
“The NBC Act and Broadcasting Code cannot
and should not be used in a manner that is inconsistent and incompatible with
plurality of voices, diversity of voices, non-discrimination, and just demands
of a democratic society, as well as the public interest.
“When money or economic considerations are
the major criteria for renewing licenses for broadcast stations, the
fundamental principles of equal access to the media, pluralism and diversity
are compromised.
“Broadcasting is a means of exercising
freedom of expression. Any restrictions on freedom of expression must meet the
requirements of legality, necessity, and proportionality. Any regulation of
broadcasting must respect these three requirements.
“With just months to go before the general
elections, scheduled for February 2023, your government ought to do more to
create conditions for a free and fair vote. This includes demonstrated
commitment to freedom of expression.
“Shutting down 53 broadcast stations on the
pretext of non-renewal of their licenses is neither necessary in a democratic
society nor proportionate to meet the constitutional and international
guarantees of freedom of expression.
“The right to freedom of expression is
based on the right to establish or use a media outlet to exercise freedom of
expression and on society's right to have access to a free, independent, and
pluralistic media that allows for the most and most diverse information.
“Rather than using the NBC Act and
Broadcasting Code to shut down 53 broadcast stations, your government ought to
use these frameworks to promote the broadest, freest, and most independent
exercise of freedom of expression for the widest variety of groups and individuals
possible.
“The media, including the affected 53
broadcast stations, serve to distribute Nigerians’ thoughts and information
while at the same time allowing them access to the ideas, information,
opinions, and cultural expressions of other individuals.
“SERAP believes that the media including
the affected 53 broadcast stations play an essential role, as they allow
millions of Nigerians to access both the relevant information and a variety of
perspectives that are necessary for reaching reasonable and informed
conclusions on matters of public interest.
“The media plays an essential role as a
vehicle or instrument for the exercise of freedom of expression and information
– in its individual and collective aspects – in a democratic society.
“Indeed, the media has the task of
distributing all varieties of information and opinion on matters of general
interest.”
“The public has a right to receive and
assess this information and opinion independently. Therefore, the existence of
a free, independent, vigorous, pluralistic, and diverse media is essential for
the proper functioning of a democratic society.
“Freedom of expression includes the
public's right to receive, and the right of those who express themselves
through a medium of communication, to impart the greatest possible diversity of
information and ideas.
“According to the Declaration of Principles
on Freedom of Expression in Africa adopted by the African Commission on Human
and Peoples’ Rights, ‘licensing processes shall seek to promote diversity in
broadcasting. Any registration system for the media shall not impose
substantive restrictions on the right to freedom of expression.’
“The revocation of a license must be
necessary in a democratic society in order to achieve the compelling aims
pursued, strictly proportionate to the aim pursued, and suitable for
accomplishing that aim.
“It is essential to remove any risks of
arbitrary or disproportionate use of NBC legal frameworks.”
“The strengthening of the guarantee of
freedom of expression is a precondition for the exercise of other human rights,
as well as a precondition to the right to participation to be informed and
reasoned.
“It is the mass media such as the 53
broadcast stations that make the exercise of freedom of expression a reality.
This means that the conditions of its use must conform to the requirements of
this freedom.
“Therefore, any regulation of the media,
including licensing, must be evaluated according to the guidelines and
directives imposed by the right to freedom of expression.
“SERAP recognizes the mandates of the NBC
to regulate broadcasting. However, the exercise of such mandates including
renewals or revocation of licenses must follow the thresholds and guidelines
set by the right to freedom of expression.
“The free circulation of ideas and news is
not possible except in the context of a plurality of sources of information and
media outlets. The lack of plurality in sources of information is a serious
obstacle for the functioning of democracy.
“If carried out, the threat by NBC would
impermissibly restrict the right to seek, receive and impart information and
ideas to a greater extent and would therefore violate freedom of expression.
“The regulation of broadcasting must aspire
to promote and expand the scope of the right to freedom of expression, not
restrict it.
“Revocation of licenses of broadcast
stations can seriously jeopardize fundamental rights of the individuals
involved and create a silencing or “chilling” effect on democratic speech.
“The revocation of the licenses of the
affected 53 broadcast stations is neither necessary nor proportionate, as the
issue of licence fees can be reasonably achieved through other measure(s) that
is less restrictive of freedom of expression.
“The right to freedom of expression is a
central pillar of a democratic society and a guarantor of free and fair
electoral processes, and meaningful and representative public and political
discourse.
“It is during times of political change
that the right to freedom of expression is most essential, ensuring that a
well-informed and empowered public is free to exercise its civil and political
rights.
“Section 39(1) of the Nigerian Constitution
provides that, enshrines the right to freedom of expression and indicates that
this right can be exercised through any medium.
“Effectively, Section 39 of the
Constitution establishes that the right to seek, receive, and impart
information and ideas of all kinds can be exercised orally, in writing, in
print, in the form of art, or through any other medium of one's choice.
“Article 19 of the International Covenant
on Civil and Political Rights and Article 9 of the African Charter on Human and
Peoples’ Rights contain similar provisions.
“The Nigerian Constitution and these
legally binding human rights treaties, recognize that every individual has the
right to an equal opportunity to receive, seek and impart information through
any communication medium without discrimination.
“Freedom of expression goes further than
the theoretical recognition of the right to speak or to write. It also includes
and cannot be separated from the right to use whatever medium is deemed
appropriate to impart ideas and to have them reach as wide an audience as
possible.
“The 53 affected broadcast stations
include: Rhythm FM (Silverbird Communications Ltd) FM Abuja; Rhythm FM
(Silverbird Communications Ltd) FM Lagos; Rhythm FM (Silverbird Communications
Ltd) FM Yenagoa; Rhythm FM (Silverbird Communications Ltd) FM Port Harcourt;
and Rhythm FM (Silverbird Communications Ltd) FM Jos.”
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