Withdraw the threat to 53 TV and radio stations in 24 hours or…, SERAP to Buhari

Ibekimi Oriamaja Reports

President Muhammadu Buhari has been requested by the Socio-Economic Rights and Accountability Project, or SERAP, to immediately rescind his threat to revoke the licenses and shut down the operations of 53 broadcast stations in the nation for allegedly failing to renew their licenses.

The 53 broadcast stations’ licenses were revoked last week by the National Broadcasting Commission (NBC), which also threatened to shut down their operations within 24 hours due to an alleged N2.6 billion deficit.

In response, the NBC demanded that the stations “pay all unpaid license costs on or before August 23, 2022, or shut down by 12 a.m. on August 24.”

Rhythm FM (Silverbird Communications Ltd) FM Abuja, Rhythm FM (Silverbird Communications Ltd) FM Lagos, Rhythm FM (Silverbird Communications Ltd) FM Yenagoa, and Rhythm FM (Silverbird Communications Ltd) FM are among the 53 broadcast stations that are impacted. Rhythm FM (Silverbird Communications Ltd) FM Jos; and Port Harcourt.

Kolawole Oluwadare, the deputy director of SERAP, wrote to Buhari on August 20, 2022, pleading with him to “urgently ask Mr. Lai Mohammed, Minister of Information and Culture, and the NBC to retract the threat or face prosecution.”

“The threat to close 53 radio and television stations is neither justified nor proportionate. It would violate the legal norms of equity and equal access to mass media if it were to be implemented.

SERAP stated that freedom and diversity must be the guiding principles in the regulation and licensing of broadcasting under the Nigerian Constitution of 1999 (as amended) and international human rights legislation. The threat to close 53 radio and television stations is wholly incompatible with these ideals.

Revoking the licenses of 53 broadcast stations and shutting down their operations because they haven’t renewed would impair the freedom of speech for millions of Nigerians, claims SERAP.

“It would also infringe Nigerians’ right to seek, receive, and transmit information and ideas of all types, in any media they choose,” the letter stated in part.

“We appreciate it if the desired action is carried out within 24 hours of the letter’s receipt and/or publication. If by then we have not heard from you, SERAP will take all necessary legal steps to compel your government to abide by our request in the interest of the public.

The public interest, nondiscrimination, and reasonable standards of a democratic society, as well as the NBC Act and Broadcasting Code, cannot and should not be served by using these laws in a way that is contradictory and incompatible with them.

“The fundamental principles of equal access to the media, pluralism, and diversity are compromised when financial or economic considerations are the primary factors in determining whether broadcast stations’ licenses should be renewed.

“Using the freedom of expression through broadcasting. Any limitations on the right to free speech must adhere to the principles of necessity, proportionality, and legality. All broadcasting regulations must adhere to these three specifications.

“Your government should do more to foster an environment for a free and fair vote with only a few months left before the general elections, scheduled for February 2023. This includes a clear commitment to expressing oneself freely.

“It is neither necessary nor proportionate in a democracy to shut down 53 broadcast stations under the pretext that their licenses weren’t renewed to uphold the constitutional and international guarantees of freedom of expression.

“The right to freedom of expression is based on the right to create or use a media outlet to exercise that right, as well as on the right of society to have access to a free, independent, pluralistic media that enables the most and most diverse information.

“Your government should use the NBC Act and Broadcasting Code to support the broadest, freest, and most independent exercise of freedom of expression for the widest range of groups and individuals possible rather than using these frameworks to shut down 53 broadcast stations.

“SERAP believes that the media, including the 53 broadcast stations that were impacted, play a crucial role because they give millions of Nigerians access to the pertinent data and a range of viewpoints that are required for coming to logical and informed decisions on issues of public interest.

Indeed, the media’s job is to disseminate all kinds of information and viewpoints on topics of public interest.

The general public has a right to learn about and evaluate this information and views on their own. A democratic society must therefore have a free, independent, active, pluralistic, and diversified media in order to function properly.

“Freedom of speech comprises the right of the general public to obtain information and ideas of the widest variety, as well as the freedom of individuals who express themselves through a communication medium to do so.

“The right to informed and reasoned involvement is a precondition to the enjoyment of other human rights, and the strengthening of the guarantee of freedom of expression is a precondition to both of these rights.

The 53 broadcast stations that make up the mass media are what actually make exercising freedom of expression possible. This implies that the terms of its usage must be consistent with the demands of this freedom.

“Therefore, the criteria and requirements set by the right to freedom of expression must be considered when evaluating any regulation of the media, including licensing.

The NBC threat would impermissibly restrict the right to seek, receive, and transmit information and ideas to a larger extent if it were carried out, which would be against free speech.