Socio-Economic Rights and Accountability Project (SERAP), on Sunday, vowed to drag the Federal Government of Nigeria (FGN) to court if it does not withdraw its threat against media houses within 24 hours.
The President Muhammadu Buhari-led government had threatened to revoke the licences and shut down the operations of 53 broadcast stations in the country over alleged failure to renew their licences.
The human rights group specifically urged President Buhari to “urgently instruct Mr Lai Mohammed, Minister of Information and Culture, and the National Broadcasting Commission (NBC) to urgently withdraw the threat to revoke the licences and shut down the operations of 53 broadcast stations in the country over alleged failure to renew their licences.”
It would be recalled that NBC had last week revoked the licences of the 53 broadcast stations and threatened to shut down their operations within 24 hours over alleged N2.6 billion debt.
The affected media houses have since been asked to pay all outstanding licence fees on or before August 23, 2022, or shut down by midnight on August 24.
In a letter dated August 20, 2022, and signed by its Deputy Director, Kolawole Oluwadare, SERAP said: “The threat to shut down 53 broadcast stations is neither necessary nor proportionate. If carried out, it would offend the legal principles of equity and equality of access to mass communication.
“Under the Nigerian Constitution 1999 [as amended] and international human rights law, freedom, and diversity must be guiding principles in the regulation and licensing of broadcasting.
The threat to shut down 53 broadcast stations, according to SERAP, is entirely inconsistent and incompatible with these principles.
The group equally insisted: “Revoking the licences of 53 broadcast stations and shutting down their operations because they have not renewed their licences would undermine the rights of millions of Nigerians to express their thoughts.”
The letter read in part: “It would also violate Nigerians’ right to seek, receive, and impart information and ideas of all kinds, in any medium they choose.
“We would be grateful if the requested action is taken within 24 hours of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.
“The NBC Act and Broadcasting Code cannot and should not be used in a manner that is inconsistent and incompatible with plurality of voices, diversity of voices, non-discrimination, and just demands of a democratic society, as well as the public interest.
“The NBC Act and Broadcasting Code cannot and should not be used in a manner that is inconsistent and incompatible with plurality of voices, diversity of voices, non-discrimination, and just demands of a democratic society, as well as the public interest.
“When money or economic considerations are the major criteria for renewing licences for broadcast stations, the fundamental principles of equal access to the media, pluralism, and diversity are compromised.
“Broadcasting is a means of exercising freedom of expression. Any restrictions on freedom of expression must meet the requirements of legality, necessity, and proportionality. Any regulation of broadcasting must respect these three requirements.
“With just months to go before the general elections, scheduled for February 2023, your government ought to do more to create conditions for a free and fair vote. This includes demonstrated commitment to freedom of expression.
“Shutting down 53 broadcast stations on the pretext of non-renewal of their licences is neither necessary in a democratic society nor proportionate to meet the constitutional and international guarantees of freedom of expression.
“The right to freedom of expression is based on the right to establish or use a media outlet to exercise freedom of expression and on society’s right to have access to a free, independent, and pluralistic media that allows for the most and most diverse information.
“Rather than using the NBC Act and Broadcasting Code to shut down 53 broadcast stations, your government ought to use these frameworks to promote the broadest, freest, and most independent exercise of freedom of expression for the widest variety of groups and individuals possible.
“The media, including the affected 53 broadcast stations, serve to distribute Nigerians’ thoughts and information while at the same time allowing them access to the ideas, information, opinions, and cultural expressions of other individuals.
“SERAP believes that the media, including the affected 53 broadcast stations play an essential role, as they allow millions of Nigerians to access both the relevant information and a variety of perspectives that are necessary for reaching reasonable and informed conclusions on matters of public interest.
“The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information – in its individual and collective aspects – in a democratic society.
“Indeed, the media has the task of distributing all varieties of information and opinion on matters of general interest.
“The public has a right to receive and assess this information and opinion independently. Therefore, the existence of a free, independent, vigorous, pluralistic, and diverse media is essential for the proper functioning of a democratic society.
“Freedom of expression includes the public’s right to receive, and the right of those who express themselves through a medium of communication, to impart the greatest possible diversity of information and ideas.
“According to the Declaration of Principles on Freedom of Expression in Africa adopted by the African Commission on Human and Peoples’ Rights, ‘licensing processes shall seek to promote diversity in broadcasting. Any registration system for the media shall not impose substantive restrictions on the right to freedom of expression.
“The revocation of a licence must be necessary in a democratic society to achieve the compelling aims pursued, strictly proportionate to the aim pursued, and suitable for accomplishing that aim.
“It is essential to remove any risks of arbitrary or disproportionate use of NBC legal frameworks.
“The strengthening of the guarantee of freedom of expression is a precondition for the exercise of other human rights, as well as a precondition to the right to participation to be informed and reasoned.
“It is the mass media such as the 53 broadcast stations that make the exercise of freedom of expression a reality. This means that the conditions of its use must conform to the requirements of this freedom.
“Therefore, any regulation of the media, including licensing, must be evaluated according to the guidelines and directives imposed by the right to freedom of expression.
“SERAP recognizes the mandates of the NBC to regulate broadcasting. However, the exercise of such mandates, including renewals or revocation of licences must follow the thresholds and guidelines set by the right to freedom of expression.
“The free circulation of ideas and news is not possible except in the context of a plurality of sources of information and media outlets. The lack of plurality in sources of information is a serious obstacle to the functioning of democracy.
“If carried out, the threat by NBC would impermissibly restrict the right to seek, receive and impart information and ideas to a greater extent and would therefore violate freedom of expression.
“The regulation of broadcasting must aspire to promote and expand the scope of the right to freedom of expression, not restrict it.
“Revocation of licenses of broadcast stations can seriously jeopardize fundamental rights.”
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