Movie producer asks court to restrain NBC from enforcing amended broadcasting code

Chidiebere Obidike, a movie producer, has asked a federal high court in Lagos to restrain the National Broadcasting Commission (NBC) from enforcing the 6th amended broadcasting code.

The code was launched in Lagos on August 4 despite opposition by stakeholders in the industry.

Some of the amendments to the code are the restriction of exclusive contents on platforms and that broadcast content must have 75 percent input from Nigerians.

In a suit marked FHC/L/CS/1211/2020, Obidike asked the court to declare that some provisions in the amended code are a “gross violation” of his fundamental human rights.

The reliefs sought in the suit reads: “A DECLARATION that Paragraphs 6.2.11 6.2.3 6.2.4 and 6.2.17 of the Respondent’s 6th edition to the Nigeria Broadcasting Code constitute a gross violation of the Applicant’s fundamental rights to privacy and freedom of expression enshrined and guaranteed under sections 37 and 39 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and Articles of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.

“AN ORDER OF PERPETUAL INJUNCTION restraining the Respondent whether by itself, officers, servants, agents, privies or any person or group of persons acting upon or on its direction, instruction or advice from giving effect to, or further giving effect to, enforcing or further enforcing paragraphs 6.2.3, 6.2.4, 6.2.17 and 6.2.11 of the Respondent’s 6th edition to the Nigeria Broadcasting Code, same being contrary to and inconsistent with the provisions of sections 37 and 39 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) which establish and guarantee the Applicant’s fundamental right to privacy and freedom of expression respectively.”

Obidike said after studying the amended code, he realised that his fundamental rights have been breached.

The movie producer said his privacy to his business secrets are at risk which are statutorily protected by law.

“In order to promote, impart ideas and information regarding the applicant’s products which consist in released movies, upcoming movies and other media productions to a larger audience, the applicant often advertises these products in prime foreign sports contents at costs within his financial capacity,” he argued.

“In view of the above reproduced paragraph 6.2.11 of the 6th edition to the Nigeria Broadcasting Code, the applicant will no longer be able to impart ideas and information about his products described above, by way of advertisement as he wishes, especially regarding costs and choice of platforms.”