Implication Of National Broadcasting Commission Code On Broadcasting Media

The aim of this study was to investigate the implication of National Broadcasting Commission (NBC) code on African Independent Television Lagos. Five research questions were formulated for the purpose of this study. Other questions 20 in number came as questionnaires to the staff of AIT Lagos to determine the implication of national broadcasting commission on their organization. The research method adopted for this work is survey because of its convenience, reliability and cheapness. Questionnaires were administered to the 118 staff of AIT Lagos. Also, the entire population was studied as the sample size since the population is small and could be handled by the researcher. Findings from the field show that the code of NBC does affect the operation of the organization. And also, the 2006 NBC ban on the organization affected the organization restructuring, retrenchment of few staff and reduction of image. Recommendations have been made on how NBC should make its code appropriate in order for the broadcast media to abide to such regulations.

Introduction

1.1 Background of Study

Communication plays critical roles in our society, ever since the invention of language, man has evolved socially, politically and technologically in leap and bounds. It is convincible that the society would not achieved sustainable development without communication, as human society development and become so complex so do nature and role of communication.

It become apparent that the society was not a monolithic but a conglomeration of conflicting interest and concerns, on the one hand you have the ruling class on the other hand you the rest of the society which was subdivided into smaller group.

Mass media is the channel of communication which is divided into two, the African Independent Television AIT and the press but work would focused on African Independent Television AIT.

Broadcast is to disseminate information through mechanical means, simultaneously to a wide area and heterogenous audience made up individual within and outside a society.

Broadcast law is the field of law that pertains to broadcasting. These laws and regulations pertain to radio stations, Television stations and are also considered to include closely related services like cable TV, cable radio as well as satellite radio and satellite TV.

National Broadcasting Commission was established to regulate Broadcasting Industry which pave way for private entrepreneur to express ideas and experiences that will enrich his life and help him live in a complex dynamic life.

The legal instrument, the Decree that established the National Broadcasting Commission has provides for its functions and the National Broadcasting Commission Act takes cognizance of the development in the industry regarding technology operators and attempts to regulate the industry to meet the socioeconomic, political, technological and operational dictates of the society.

It is probably not contentious to say that one of the most highly valued of the fundamental liberties guaranteed to members of a free and democratic society is the freedom of expression. The liberty to comment freely and publicly on matters of common concern is in alienable right of membership of a free society. The liberty of discussion is the right to make critical observations and useful suggestions without at the same time subverting the continued existence of the governing authority. The right to make comment has as its correlative, a duty not to subvert where the consequence of a comment is an incitement to change the government and the means advocated for it must adhere to the legitimate methods prescribed by the society itself.

The liberty of discussion is guaranteed within these limits in the interest of the state and the citizen. This is why the constitution of the federation provides that everyone is entitled to freedom of expression, including freedom to hold opinion and to receive and impact ideas and information without interference.

Every citizen has an inherent right to give every public matter a candid, full and free discussion. While the constitution guarantees free speech it also insist that the freedom should not be exercised against the interest of the society which has granted it.

The desire to censor or limit information is universal urged that‟s hard to condone as it is impossible to eliminate, but it is not only government who practice it, there are other monopolies exercise by powerful individuals, groups, religious organisation and by commercial interest often for selfish reason, as we all known control over Broadcasting means control over the society and intellectual freedom of man.

Broadcast industry in Nigeria albeit an offspring of its environment has always struggled to assert its independence. If an efficient modern broadcasting is to thrive in Nigeria then such a practice must be viewed against the back ground of Nigerian, historical social and political realities.

1.2 Statement of Problems

The effectiveness or otherwise of the various legal regimes in Nigeria regulating Broadcasting law and practice in Nigeria.

Whether the NBC as the apex regulator is performing its statutory duties as provided under the NBC Act and the challenges.

Adequacy or inadequacy of various legal instruments regulating Broadcasting practice in Nigeria/need for review to accommodate new trends in this 21st century.

Absence of abundant and sufficient literature in the field of Broadcasting law and practice. It‟s a novel area as evidenced by little or no judicial precedents.

Whether various broadcasting outlets lincensed and operating in Nigeria abide with the broadcasting codes and other ethics of the profession as laid down by statutes/level of compliance.

1.3 Aim and Objectives of the Study

This work is set to achieve the following purposes:

Examine the nature of legal regulation on broadcasting in Nigeria by broadcasting regulation.

Examine the effect or otherwise of the application of the broadcasting code to the broadcasting operations of African Independent Television AIT.

It is also aimed at making those exercising their freedom of speech to be cautious not to infringe on the rights of others and the society at large.

It is also aimed at x-raying the framework for broadcasting in Nigeria towards providing broadcast industry that will meet the international standard.

It is also aimed at enlightening the broadcasting organization on the need to strike a balance between parties so as to maintain fairness while discharging their duties.

1.4 Research Questions

What is the nature of legal regulation on broadcasting in Nigeria by broadcasting regulation.

What is the effect or otherwise of the application of the broadcasting code to the broadcasting operations of African Independent Television AIT.

What is the framework for broadcasting in Nigeria towards providing broadcast industry that will meet the international standard.

1.5 Scope of the Study

The scope of this research is basically to cover the framework for Broadcasting in Nigeria and to discuss the historical development of broadcasting law in Nigeria, the evolution and function of National Broadcasting commission and its implication on African Independent Television in Nigeria. The work will cover the period from 2012 - 2017.

1.6 Research Methodology

The method to be used for this work involves doctrinal method of research for the collection and analysis of data and information.

Doctrinal research would involve gathering of research material by consulting books, statute, and cases to analyze their findings for suggestions and recommendations.

1.6 Significance of the Study

These theses become necessary in view of the perception of Nigerians on the role of media law. In the 20th Century there is the need for change of this perception about African Independent Television, Nigerians need to understand the Education, Enlightenment and Entertainment responsibilities which African Independent Television owes to Nigerians.

To make African Independent Television established control mechanisms in its working to avoid enforcement of sanction through due process of law.

To educate the public and the African Independent Televisions on the need to safeguard the rights of individuals and the society at large.

The work would also educate the public on the functions and challenges faced by the National Broadcasting Commission in the discharge of its constitutional responsibilities.

To make lawmakers have a rethink on some laws that impact negatively on regulation of media practice in Nigeria.

The Work would enlighten African Independent Television in Nigeria to move with the global trend associated with the discharge of their duties in accordance with the law.

It is also expected to benefits the Judges, Lawyers, Journalist, Legislators, Student of law and Journalism, Sociologist, Legal Luminaries, Academicians and the public in general.

The expected outcome of this work is to educate, enlighten and broaden the knowledge of Nigerians on the modern trend of journalism which become necessary to entail a change in the old attitude to meet the global standard, Western Europe and united states African Independent Television have taking a giant leap forward in which African Independent Television are actively involved in the formulation of government policies and serves as independent monitors for effective implementation of those policies.

1.8 Organizational Layout

The work is made up of five chapter,

Chapter One, which is the opening chapter give the general introduction to the work, it outline statement of problems, aims and objective, Justification for the research, it scope, the research Methodology used, the literature review and the organization layout of the work.

Chapter two contains the history of broadcasting in Nigeria from its inception to present day. It discusses the pre-independence broadcasting, post-independence broadcasting, development of broadcasting under the military and broadcasting under the era of privatization.

Chapter three discusses on various legal framework for broadcasting in Nigeria. It contains the constitutional framework, legal framework under the National Broadcasting Act, the National Broadcasting Code as legal framework for broadcasting in Nigeria and freedom of information. It also discussed National Broadcasting Commission as regulatory framework for Broadcasting in as in Nigeria.

Chapter four highlighted the challenges faced in regulating broadcast industries in Nigeria. The work identified challenges of enforcement, commercialisation, political interference, poor production of programmes, and analogue transmission of broadcast, copyright as some of the challenges facing broadcasting in Nigeria.

Chapter five is the concluding chapter, it summarizes the work, state the findings of the research, make recommendation and conclusion.

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