NBC code: SERAP threatens legal action over alleged unlawful sanctions on broadcasters

Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to immediately direct the withdrawal of a controversial directive issued by the National Broadcasting Commission (NBC), warning that it poses a serious threat to press freedom and constitutional rights.

In a letter dated April 18, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP urged the President to instruct the Minister of Information and National Orientation, Mohammed Idris Malagi, and the NBC to reverse what it described as an unlawful formal notice issued to broadcasters on April 17.

The NBC notice had alleged rising violations of the 6th Edition of the Nigeria Broadcasting Code in news and political programming and warned of sanctions for “Class B breaches,” including expression of personal opinions, alleged intimidation of guests, and failure to maintain neutrality.

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SERAP argued that the directive amounts to prior censorship and an attempt to suppress legitimate journalistic expression.

“NBC’s notice represents a dangerous attempt to impose prior censorship on the media,” the organisation said, warning that it could stifle critical reporting and public discourse.

The group called on the government to ensure that broadcasters and journalists are allowed to freely carry out their constitutional responsibilities without undue interference.

SERAP anchored its position on Section 39 of the 1999 Constitution (as amended), which guarantees freedom of expression, including the right to receive and impart information without interference.

It also cited Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights (ICCPR), both of which protect the right to express opinions and disseminate ideas.

According to SERAP, journalistic work inherently includes commentary, analysis, and value judgments, all of which are protected forms of expression under both domestic and international law.

“Value judgments are not susceptible to proof and enjoy heightened protection,” the organisation stated.

The group specifically criticised Section 1.10.3 of the Nigerian Broadcasting Code, which restricts presenters from expressing personal opinions, describing it as unconstitutional and inconsistent with democratic principles.

It further argued that the NBC’s reliance on multiple provisions of the Code to classify a wide range of presenter conduct as sanctionable offences is vague, overbroad, and open to abuse.

SERAP also faulted the NBC’s use of undefined concepts such as professionalism, bullying, and intimidation, warning that such vague standards could lead to arbitrary enforcement.

The organisation stressed that while preventing misuse of broadcast platforms is a legitimate aim, any restrictions must be clearly defined and proportionate.

It warned that the threat of sanctions, including fines and suspension, could create a chilling effect on journalists, discouraging investigative reporting and robust questioning of public officials.

SERAP expressed concern that the directive could undermine democratic participation ahead of the 2027 general elections by limiting access to diverse viewpoints and critical political analysis.

It warned that such measures risk promoting self-censorship and weakening the media’s role as a watchdog in a democratic society.

The organisation gave the Federal Government a 48-hour ultimatum to act, failing which it said it would initiate legal proceedings in the public interest.

“If we have not heard from your government and the NBC, SERAP shall take all appropriate legal actions,” the letter stated.