SERAP Condemns NBC's 'Censorship' Directive Against Broadcast Stations
The Socio-economic Rights and Accountability Project (SERAP) has expressed deep concern over a recent directive issued by the National Broadcasting Commission (NBC) regarding alleged code breaches in news, current affairs, and political programming. In a strongly worded letter, SERAP has called on President Bola Tinubu to intervene and ensure the immediate withdrawal of what it describes as a 'dangerous attempt' to impose prior censorship on the media.
Urgent Call for Presidential Intervention
SERAP has specifically urged President Tinubu to direct the Minister of Information and National Orientation, Mohammed Idris Malagi, and the NBC to immediately withdraw the 'Formal Notice' issued last week. This notice threatened sanctions against broadcast stations and their presenters on what SERAP deems vague and unjustified grounds. These grounds include the expression of 'personal opinions,' alleged 'bullying or intimidation' of guests, and failure to 'maintain neutrality.'
The organization emphasized that the President should also instruct the Minister and the NBC to abstain from imposing prior censorship on broadcast stations and Nigerian journalists, including presenters. This, SERAP argues, is essential to allow media professionals to freely carry out their constitutional responsibilities and exercise their fundamental human rights without undue interference.
Legal and Constitutional Violations Cited
In the letter, dated April 18, 2026, and signed by SERAP's Deputy Director, Kolawole Oluwadare, the organization stated that the NBC's notice represents a significant threat to journalistic expression. Oluwadare highlighted that the Nigerian Constitution and international human rights law protect both the absolute right to hold opinions and the qualified right to express ideas of all kinds, asserting that 'Journalistic opinion is protected expression.'
Specifically, Oluwadare pointed out that Section 1.10.3 of the Broadcasting Code amounts to a form of prior censorship or restraint. He argued that such a blanket restriction fails the legal tests of legality, necessity, and proportionality required in a democratic society. Furthermore, the NBC's reliance on multiple vague provisions of the Broadcasting Code to classify a wide range of presenter conduct as 'Class B breaches' attracting sanctions is contrary to the Nigerian Constitution and international human rights law.
International Human Rights Obligations
Citing Section 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples' Rights, and Article 19 of the International Covenant on Civil and Political Rights, Oluwadare emphasized that these instruments guarantee the right to 'receive and impart ideas and information without interference.' He noted that while the prohibition of misuse of broadcast platforms by political actors is a legitimate concern, it does not justify sweeping or repressive regulatory measures that infringe on fundamental human rights.
Oluwadare also referenced specific sections of the Broadcasting Code, including Sections 3.3.1(b), 3.4.1(b), 5.3.3(b), 3.1.1, 3.11.1(a), 5.4.1(f), 3.11.1(b), and 5.5.1(b), which are used to classify presenter conduct such as expression of opinion, alleged intimidation of guests, or denial of 'fair hearing' as Class B breaches. He declared this classification unconstitutional and unlawful, urging the President to direct the NBC to urgently prepare amendments to these provisions to ensure full compliance with the Nigerian Constitution and the country's international human rights obligations.
