Tag Archives: Nigeria info

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Mailafia: NBC N5M fine, illegal – Falana kicks

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A Senior Advocate of Nigeria (SAN), Femi Falana has described the N5m fine on Lagos-based radio station, Nigeria Info 99.3 FM by the National Broadcasting Commission (NBC) as illegal.

The Human Rights Lawyer said this in a statement he personally signed and wondered why the NBC will be in a hurry to penalise the radio station.

While noting that the State Security Service (SSS) has not concluded an investigation into the radio station’s guest, Dr Mailafia Obadiah, Falana asked why the Commission was in a hurry to violate the broadcast firm’s fundamental right.

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According to him, it is only a competent court of law that has the right to impose fines on a criminal suspect after conducting a trial.

“Only a competent court of law is empowered to try, convict and impose a fine on a criminal suspect after a trial has been conducted before a competent court.

“In view of the fact that the imposition of the N5 million fine was anchored on a purported amendment of the Code and since the NBC lacks the legal competence to impose a fine on any broadcasting station without a finding of guilt by a properly constituted criminal court the NBC should suo mutu quash the illegal fine,” Falana said.

The senior lawyer added that: “Section 33 (4) of the Constitution provides that anyone charged with a criminal offence shall be tried before a competent court or tribunal.”

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He noted that in the case between the National Oil Spill Detection and Response Agency (NOSDRA) and Mobil Producing Nigeria Unlimited at the Federal High Court, Honourable Justice Ojukwu held that the imposition of fines by regulatory agencies was unlawful.

The NBC had said the fine was imposed on the media outfit due to its unprofessional broadcast.

It explained that Nigeria Info was not professional in the handling of its morning show aired between 8.30 am and 9.00 am on Monday.

NBC stated that the station provided its platform for its guest and a former deputy governor of the Central Bank of Nigeria (CBN), Dr Mailafia Obadiah, to promote “unverifiable and inciting views,” saying such could lead to public disorder.

#Newsworthy..

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Atiku tackles N5M NBC fine to radio station over Mailafia.

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Former Vice President Atiku Abubakar has condemned the fined of N5 million imposed on a Lagos-based radio state – 99.3 FM Nigeria Info by the National Broadcasting Commission (NBC).

In a statement he personally signed on Thursday, he asked the NBC to drop the penalty against the station, describing the reason given for its action as an attempt to gag the media in the country.

The former vice president disagreed with the nation’s broadcasting regulatory agency with its argument that the interview that the station had with a former Deputy Governor of the Central Bank of Nigeria (CBN), Dr Obadiah Mailafia, constituted any infringement and exposed the media outfit to trading in hate speech.

He argued that whether or not, what Mailafia during the programme aired on the radio station was a false claim, it was not the responsibility of the NBC to impose a sanction for a comment made by an individual.

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Atiku stressed that the former CBN deputy governor had been quizzed and released by law enforcement agents, adding that they were at liberty to prosecute him in court if they were not satisfied with his explanations.

He insisted that it was wrong to make a scapegoat of the media platform which provides opportunities for citizens to ventilate their views.

The former vice president also called on the NBC to review the hate speech prohibition code, saying the interpretation of same was offensive to the notion of free speech

Read the full statement by the former vice president below:

We are compelled to react to the Nigeria Broadcasting Commission code concerning infringement on hate speech and the operational style that media houses should employ to conform with the new regulation.

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While there is no disputation over the fact that hate speech portends an existential threat to the enterprise of journalistic reporting and, in fact, inhibits the workings for a free society, it is absolutely repugnant that powers that be would instrumentalise the prevention of hate speech as a means of constricting free speech.

It is globally acknowledged that one of the core functions of the mass media is to inform the society on all ranges of issues, not even to the exclusion of national security issues.

The mass media has a role to play in ensuring that all possible shades of opinions are given access to the media platform.

In many advanced democracies the world over, criminals on even wanted lists of law enforcement agencies have reached out to the media to express their opinions about the crimes that they had perpetrated and the media space was not denied to them.

As a matter of fact, it seems somewhat contradictory that a country like ours, which is in the throes of national security skirmishes, would choose to shrink media access to critical information.

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It is not known if any society had won the war against terrorism by placing a restriction to access to information, in the way the NBC had done.

In a particular reference to the penalty handed down to the operators of 99.3 FM Nigeria Info, we disagree wholeheartedly with the argument of the NBC that the interview that the station had with Dr Obadiah Mailafia constitutes any infringement or if at all it exposes the station to trading in hate speech.

Whether or not what Dr Mailafia said on the radio station was a false claim, it is outside of the objectives of a responsible regulatory framework to sanction a radio station for a comment an individual made, more so that the personality in question, Dr Obadiah, had been quizzed and released by law enforcement agents.

If for any reason the authorities are not satisfied with his explanations, they are at liberty to prosecute him in court, but not to make a scapegoat of the media platform that provides opportunities for citizens to ventilate their views.

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The claim by the management of NBC that “this (the penalty) is expected to serve as a deterrent to all other broadcast stations in Nigeria who are quick to provide platform for subversive rhetorics and expositions of spurious and unverifiable claims, to desist from such”, is a naked attempt to gag the media in Nigeria.

We, therefore, call on the Nigeria Broadcasting Commission (NBC) to cause a review of the hate speech prohibition code because the very interpretation of same is offensive to the notion of free speech which is an essential ingredient of participatory democracy that Nigeria operates.

We also demand of the NBC to drop the penalty against the operators of 99.3 Nigeria Info FM on account of the fact that the penalty is at best ill-thought out.

Lastly, we want to refresh the memories of the generality of Nigerians that the Nigerian media has been in the frontline of the vanguard in the fight against military rule and restoration of a democratic order. In other words, it is very disappointing that under the watch of the All Progressives Congress (APC) the media is, yet again, being targeted for extermination.

Atiku Media Office

Abuja

13th August 2020

#Newsworthy…

In the news

Mailafia: NBC fines Lagos based Radio station, N5M.

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The National Broadcasting Commission (NBC) has fined a Lagos-based radio station – Nigeria Info 99.3 FM N5 million.

In a statement obtained by Channels Television on Thursday, the commission said the fine was imposed as a result of unprofessional broadcast by the media outfit.

It explained that Nigeria Info was not professional in the handling of its morning show aired between 8.30am and 9.00am on Monday.

NBC stated that the station provided its platform for its guest and a former deputy governor of the Central Bank of Nigeria (CBN), Dr Mailafia Obadiah, to promote “unverifiable and inciting views,” saying such could lead to public disorder.

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It added that the action of the radio station was in violation of some sections of the Nigeria Broadcasting Code

According to the commission, the fine imposed on Nigeria Info will serve as a deterrent to all other broadcast stations are quick to provide platforms for “subversive rhetoric and the expositions of spurious and unverifiable claims”, to desist from such.

A file photo of the acting Director-General of NBC, Professor Armstrong Idachaba. (Noble Reporters Media / Adigun Michael Olamide)

This comes a week after the Federal Government launched the reviewed sixth Broadcasting Code of the NBC.

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The Minister of Information and Culture, Lai Mohammed, said the government had raised the fine for hate speech from N500,000 to N5 million.

Read the full statement signed by the management of NBC below:

PRESS RELEASE

THE NATIONAL BROADCASTING COMMISSION FINES Nigeria Info 99.3FM FOR UNPROFESSIONAL BROADCAST

The National Broadcasting Commission has noted with grave concern, the unprofessional conduct of Nigeria Info 99.3FM, Lagos, in the handling of the Programme, “Morning Cross Fire”, aired on August 10, 2020, between 8.30am and 9.00am.

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The station provided its platform for the guest, Dr Mailafia Obadiah, to promote unverifiable and inciting views that could encourage or incite to crime and lead to public disorder.

The Commission, again, wishes to reiterate that Broadcasters hold Licenses in trust for the people. Therefore, no Broadcast Station should be used, to promote personal or sectional interests at the expense of the people.

Dr Mailafia Obadia’s comments on the “Southern Kaduna Crisis”, were devoid of facts and by broadcasting same to the public, Nigeria Info 99.3FM, is in violation of the following sections of the Nigeria Broadcasting Code:

3.1.1 No broadcast shall encourage or incite to crime, lead to public disorder or hate, be repugnant to public feelings or contain offensive reference to any person or organization, alive or dead or generally be disrespectful to human dignity;

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3.1.2 Broadcasting shall promote human dignity, therefore, hate speech is prohibited;

3.3.1 (a) The broadcaster shall ensure that any information given in a programme, in whatever form, is accurate;

3.3.3.1(b) The Broadcaster shall ensure that all sides to any issue of public interest are equitably presented for fairness and balance;

3.11.1(a) The broadcaster shall ensure that language or scene likely to encourage or incite to crime, or lead to disorder, is not broadcast;

3.11.1(b) No programme contains anything which amounts to subversion of constituted authority or compromises the unity or corporate existence of Nigeria as a sovereign state;

5.4.1(f) The Broadcaster shall not transmit divisive materials that may threaten or compromise the indivisibility and indissolubility of Nigeria as a sovereign state.

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Consequent on these provisions and in line with the amendment of the 6thedition of the Nigeria Broadcasting Code, Nigeria Info 99.3FM Lagos, has been fined the sum of N5,000,000.00 (Five Million Naira), only.

This is expected to serve as a deterrent to all other broadcast stations in Nigeria who are quick to provide a platform for subversive rhetoric and the expositions of spurious and unverifiable claims, to desist from such.

The Commission wishes to put it on record that it will not hesitate to suspend the Broadcast Licence of broadcast stations that continue to breach the Code.

Stations are, by this statement, admonished to desist forthwith, from airing unwholesome content or be ready to face appropriate sanctions.

Signed:

MANAGEMENT

#Newsworthy…