Both the Acting Director General of Nigerian Broadcasting Commission (NBC), Dr. Armstrong Idachaba and Vice Chairman Broadcasting Organisation of Nigeria (BON), Sir Godfrey Ohabunwa, still believes that inspite of all the hues and cries trailing the sixth NBC Code, that the code is a win, win for Nigeria’s creative industry as according to them, it will leave positive foot print on the industry.
Today, we publish unedited the statements of Idachaba and Ohabunwa made available to us.
Happy reading.
“PRESS RELEASE BY NBC ACTING DG, DR ARMSTRONG IDACHABA TODAY 15TH JUNE 2020.
Permit me to welcome you to this Press Briefing. Only recently on the 27th of March 2020. i announced tbe release of some amendments into the Nigeria Broadcasting Code (6th Edition). As stated then part of the objectives of the amendments are the protection and promotion of tbe local broadcast industry from monopolistic and anti/ competitive behaviour, the stimulation of advertising revenue into the Broadcat industry and by extension the local creative industry . These objectives remain key and central to the development of broadcasting in Nigeria and the reform of the Broadcasting industry. Whilst we acknowledge the mixed reactions of the industry to the release of the amendment to the 6th edition of the Nigeria Broadcasting Code , we consider them healthy for the development of the broadcast Industry in Nigeria.And we must commend those who have intellectualized and enriched the discourse with incisive and decent arguments both for and against.
The Commission wishes to reiterate the fact that the objectives of the amendments are in our National Best interest. We currently have a highly rated and hugely talented creative industry in Nigeria but the facts remain that content producers are unable to harness the benefits of the creative abilities due largely to monopolistic restrictions and anti competitive competitive behaviuor
The current amendment aims at to reposition Nigerian broadcasting industry and to make it more responsive to emerging realities in the broadcasting industry.
There is no doubt that the Nigeria Broadcasting industry is facing a series of challenges. These include inability for the briadcasters to generate required funds from advertising and programming. Local Producers of content are no longer able to create contents for Television. This has led to an influx of foreign production companies some of tbem unregistered and unlicensed by the Nigerian Government. These companies have taken over the local content production space and by extension the advertising and broadcasting space, relegating the local entetprenuers to oblivion.
The Commission believes in DFI in tne Broadcasting industry but this must be done with tne noble philosophy to promote our own national dreams and vision.
The amendments to the Code doesnt in any way prevent investments, if any thing it simply says carry the Nigerian broadcaster along. We believe that if properly executed these provisions will make rapid benefits for those who invest in Nigeria and the benefit of Nigerian media entrepreneurs and audiences.
We know of a truth that Broadcasting is dynamic, so are the challenges to regulation.
The Commission has noted all the concerns and observations , especially on 9.0.1 and 6.2.8.
On 6.2.8 clearly the point is that Exclusivity shall not be allowed for sporting rights in the Nigerian territory and in furtherance thereof, no broadcaster or licensee shall license or acquire foreign sporting rights in such a manner as to exclude persons, broadcasters or licensees in Nigeria from sub-licensing the same.
Similarly on 9.0.1 the point is that -a Broadcaster or licensee shall immediately after the coming into force of this Amendment be prohibited from effecting informal agreements, written and oral agreements, explicit or implicit understandings or implementing concerted practices either exclusively or between market players that have as their object, intent, effect or purpose the restriction of competition, abuse of a dominant position or of substantial market power or create barriers to entry in the broadcast media industry in Nigeria.
As you can see the above are obviously intended to promote and safeguard the Nigerian Broadcasting industry and to stimulate the maximization of its potential.
Investors to the Broadcasting industry in Nigeria are welcome as the Code makes adequate provisions to protect their Business .
We thank you and assure you that the Commission will at all times protect the best Interest of Nigeria.
Thank you.
This is BON Vice Chairman’s statement
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I have listened to all the comments on the code and am constrained to draw our attention to salient points on the code and how it affects us.
1. The issue of Monopoly and what the code intend to achieve. The amended code is in our Favour . It discourages warehousing of contents and create more business for both the platform owners and the broadcasters. It is not in anyway against competition or investment. The core point is that henceforth you must sublease to other platform and give subscribers and customers at all level the opportunity to view the content while you are still making money from everyone. For example, if you own the 365 movie series or premium football right and you are a paytv operator on DTH. You are obliged to sub Licence the right to Cable, DTT or fiber operators or radio station. The benefit is a win win for all. The rights owners while maintaining his exclusive right on DTH, also expands his viewership by sub licensing the distribution rights to fiber to home (FTH) or MMDS cable, thereby reaching more home and given the man at the very low end to still have opportunity to have access to that premium content but at a fee.
What is operational Now; is that one person (It could be me) goes and obtain an exclusive right for a premium content like football for DTH, DTT, MMDS, IPTV, VOD, FTA, FTH, voice, data and video, Radio, new media for territory of Nigeria. He comes back home and warehouses this content since he is only able to show it on his DTH or DTT platform . Denies other operators on MMDS, FTH, IPTV to distribute same content to those viewers. Secondly, not only denying the other operator but the citizens and viewers who are at the lower ladder not able to procure expensive satellite terminal equipment, but are willing to pay subscription at cheap Bouquet like cable. So let’s understand what is being reinforced has always being on the code. Look at the series 2,3,4 and 5 codes. This 6th code only expanded it.
2. The Code on Advertisement and local content. The code provides major transformation and empowerment of Nigeria producers, filmmakers, Artists and agencies. What the code intend to achieve is to turn the table in Favour of Nigerian producers and media industry from holding the short end to holding the long end of the stick. Recall that it was General Abacha as head of state who stopped the use of foreigners for Television and Radio adverts in Nigeria. With the code, 75% of Adverts production cost/revenue in Nigeria will be spent locally, creating more jobs in creative industry and hence increases our GDP and of cause more money for all of us.
Yes. This code will definitely affect some of our members who are enjoying this monopoly now; but it’s not all bad news, if they can think out of the box and create Synergies and local partnership now, they will still make even more money, but with more people involved and bigger market. I may not have all the answers, but I think the code took cognizance of all shade of ideas and is well thought out.
Thank you
Sir. Godfrey Ohuabunwa
Vice Chairman BON
