BON slams NBC over N5m Channels Television fine

Broadcasting Organisations of Nigeria (BON) has tackled sector’s regulatory body, the National Broadcasting Commission (NBC) over its decision to slam a N5 million fine on Channels Television for allegedly breaching code guiding the broadcast industry.

It would be recalled that the broadcast industry’s regulatory body, the National Broadcasting Commission (NBC), had, last Friday, March 31, slammed a N5 million fine on Channels Television for reportedly breaching code and guideline when it featured DR Yusuf Datti Baba-Ahmed, the Vice Presidential candidate of the Labour Party (LP) as guest on its live interview programme, on March 22.

The LP chieftain had while on the television show allegedly called on President Muhammadu Buhari not to swear in the president-elect, Bola Tinubu on the grounds that the All Progressives Congress (APC) candidate did not meet the constitutional requirement to be sworn-in.

The decision by NBC to place a N5 million on Channels Television was also sequel to a petition to the commission filed by the campaign organization of the president-elect, Tinubu, where it alleged that the broadcast company had erred in violating the industry’s guidelines as well as inciting unrest in the country, since, as it claimed, post-election matters are still in court.

NBC’s action has since stirred reactions, as media practitioners, including associations have weighed in on the sanctions, with the Media Rights Agenda (MRA) and the International Press Centre (IPC),earlier Tuesday, condemning what they described as ‘arbitrary exercise of powers while also demanding a reversal of the N5 million fine.

According to MRA and IPC, the action taken by NBC against Channels Television over the latter’s alleged failure to caution Dr Datti Baba-Ahmed was ‘against the well-established principle of natural justice, which, among others, make fair hearing sacrosanct,’ adding further that the commission ‘did not avail Channels TV the opportunity of putting forward its defense… before slamming the hefty fine.’

Meanwhile, BON has requested the Minister of Information and Culture, Alhaji Lai Mohammed, to call the NBC to order, over what the industry practitioners’ platform described as the latter’s continued ‘display of flagrant violation of the Nigerian Broadcasting Code.’

BON had registered its grievances against NBC over its decision to fine Channels Television barely 24 hours after receiving a petition from the Media Director of the Bola Tinubu Campaign Organisation, Mr Bayo Onanuga, as it further expressed worry over ‘the declining trust of stakeholders in the independence of the highly respected NBC in recent times.’

In a letter dated April 3, 2023 and titled; ‘Urgent Need for Minister of Information and Culture to call NBC to order,’ addressed to Lai Mohammed, the Executive Secretary of BON, Dr Yemisi Bamigbose noted that the attitude of NBC towards broadcast stations in recent past is not only arbitrary but smacks of high-handedness, which is almost suffocating the broadcast media in the country.

According to BON, in recent times, NBC has refused to follow its rules as stipulated in the code on investigation of infractions as well as imposition of fines on broadcast houses for alleged infractions.

Bamigbose alleged that the NBC provides no opportunity for the broadcaster to see the complaints against it not to talk of allowing any form of explanation nor following due process at arriving at judgments.

According to BON, ‘it is very absurd that, NBC as a regulator, could on a petition from a campaign organisation of a political party, impose illegal fines on a broadcast station without employing all avenues to investigate the complaint nor gave room for defence from the station so accused.’

“This was the situation of all multiple allegations of ‘severe’ infractions levied against Channels Television, Daar Communications, Arise TV and Daily Trust Television among many others. The recent case was the imposition of N5 million fine on Channels Television on alleged “severe” infraction committed during a live interview programme titled Politics Today, which featured Mr Datti Baba Ahmed, the Vice Presidential candidate of Labour Party and professionally anchored by Mr Seun Okinbaloye in its episode of Wednesday March 22, 2023.

“Section 14.3.1(a) (b) (c) (d) stipulates how to hand complaints. Section 15.3.1 (a) (b) (c) stipulates categories of fines and what constitute infractions in each category. NBC as usual imposed a fine of N5m for alleged “severe” infraction that was never substantiated nor stated the area of code violated by the station,” BON said.

It would be recalled that earlier Tuesday, in their own condemnation of the NBC action against Channels Television, the Media Rights Agenda (MRA) and the International Press Centre (IPC) maintained that the regulatory body went against ‘against the well-established principle of natural justice, which, among others, make fair hearing sacrosanct,’ adding further that the commission ‘did not avail Channels TV the opportunity of putting forward its defense against Mr. Onanuga’s allegations before slamming the hefty fine.’

A joint statement signed by the Executive Director, Media Rights Agenda (MRA), Edetaen Ojo and the Executive Director, International Press Centre (IPC), Lanre Arogundade, Tuesday, urged the NBC ‘to immediately reverse the hastily imposed fine and give Channels TV the deserved opportunity to defend itself.’

“Although the NBC did not disclose the material fact in its announcement of the sanction, the regulatory body apparently acted on a widely publicised petition addressed to it by Mr. Bayo Onanuga, Director of Media and Publicity of the All Progressives Congress Presidential Campaign Council, in which he demanded that the station be punished over the interview in question. The petition was published by many news mediums on March 30th, 2023.

“Barely 24 hours later, the NBC struck. Against the well-established principle of natural justice, which, among others, make fair hearing sacrosanct, NBC did not avail Channels TV the opportunity of putting forward its defense against Mr. Onanuga’s allegations before slamming the hefty fine.

“Assuming without conceding that Channels TV erred in the management of the said interview, it was still pertinent for the NBC to have heard their side of the story. In failing to do so, the NBC acted unfairly and unjustly as it based its heavy-handed decision on the claims of one side only.

“NBC has in this instance again exercised quasi-judicial powers injudiciously, by constituting itself to the prosecutor and the judge over a case brought before it by a third party. In previous instances, it has also additionally been the accuser.

“It must be stressed that Mr. Onanuga is not just anybody. He speaks for the in-coming president of the Federal Republic of Nigeria. Ordinarily, this should have informed the need for the NBC to act more cautiously instead of exposing itself to the accusation that it has become the ruling government or ruling party’s willing tool to suppress press freedom.

“Even if, as the NBC claims, it acted based on its own observation, it was still imperative for it to allow Channels Television to respond to the allegations, especially since that made it the accuser, the prosecutor and the judge,” the groups said.

They, therefore, urged the NBC to ‘desist from walking this path, which undermines its credibility and independence and weakens the broadcast sector as a result. We call on the commission to immediately reverse the hastily imposed fine and give Channels TV the deserved opportunity to defend itself.’