By Ayo Kehinde
The Nigerian Guild of Editors (NGE) has condemned in very strong terms the indefinite suspension of the licences of the African Independent Television, AIT, and Ray Power by the National Broadcasting Commission (NBC). The two stations belonged to Daar Communications Limited.
“The Guild demands in clear terms the revocation of the suspension order as it runs contrary to the ideals of free speech and the fine tenets of press freedom. This is a case of Executive highhandedness and it paints our dear country in the darkest tar of dictatorship,” said the Guild in a statement signed by its President Mrs Funke Egbemode and General Secretary, Mrs Mary Atolagbe
“The Fourth Estate of the Realm remains the watchdog of society and any attempt to gag it in any guise is an affront on democracy and the people. The NBC must and should rescind this ignoble and despicable decision.
“The Guild strongly believes the NBC action is a draconian form of regulation, being out of tune with democratic principles.
“The Guild is concerned about the violation of the constitutional rights of DAAR Communications and absence of media freedom, independence and the stifling of operations of media outfits which are performing their roles as the watchdog of the Nigerian society.
“The NGE condemns in strong terms the barbaric crackdown on the broadcast outfit and demands immediate cessation of this atrocious repression and excessive show of power by the NBC, whose duty is to regulate and not kill the media.
“Muzzling the media and throwing thousands of Nigerians into the already saturated labour market should not be the trophy for good corporate governance of a regulator; it is something to be ashamed of and NBC should be ashamed at its action in a fledgling democracy in the 21st Century.
“The Guild is strongly of the opinion that the NBC, in exercising its regulatory powers, should concentrate on implementing policies that will position Nigeria’s broadcasting to compete in the global spheres, rather than engage in witch-hunting and unnecessary show of excessive force.
“The Guild hereby expresses its solidarity with the AIT/Raypower family, urging the staff and management to remain calm as the Guild liaises with well meaning Nigerians and other media professionals to get justice.
“The NGE appeals to President Muhammadu Buhari, GCFR, to use his good offices to call NBC to order.
“It is to be recalled that NBC had, before the 2019 general election, shut down Joy FM in Jos for violations of the broadcasting code. Last year, the NBC shut down Ekiti Radio/TV station. Shutting down stations and withdrawing licences are too extreme in the circumstance. There must be humane and saner ways to resolve disputes bordering on violation of the Broadcasting Code.
Mrs Egbemode, NGE President
On its part, the Nigeria Union of Journalists expressed alarm at the closure of AIT by the National Broadcasting Commission and believes that the action portends grave danger for Free Press and Independent Media.
“Independent and pluralistic media in a democracy like Nigeria serve to promote democracy by their dissemination of authentic information and ensuring transparency in governance,” said Chris Isiguzo, NUJ President
“We condemn this closure over allegations of breach of 2004 Broadcasting Code and insist there are better ways of sanctioning media organisations that are found to have erred.
“It will be helpful if the NBC will immediately reopen AIT to ensure that they continue to promote debate and opinions on issues that are of societal, economic and political importance to the nation. We expect them to do the needful in 24-hours,” he concluded
Mr Gbenga Adefaye, Managing Director of Vanguard Newspaper has this to say: “NBC is NOT a court of Law. NBC shut down of a mass media group. DAAR Communication, operator of AIT/Ray Power is unconstitutional, an affront on free speech and fascist. It is discretion at the extreme. It cannot stand.
Meanwhile Nigerians have condemned what they referred to as executive recklessness of the NBC in shutting down DAAR Communications outfits.
For the Peoples Democratic Governors Forum, the shut down and suspension of the operating licence of DAAR Communications Plc by the National Broadcasting Commission is as an act of intolerance and repression against the media.
According to Governor Seriake Dickson, Chairman of the Forum in an interaction with journalists n Abuja yesterday:
“Our position is that due process must be followed. If there are any allegations of infraction, then due processes of the law should take place.
“When you shut down news outlet, when you harass and intimidate journalists, then you are shutting down Nigerians from speaking their minds. And in democracy, freedom of expression is cardinal component.
“So we condemn what has taken place and we urge the federal government and its agency to forthwith, do what is right, that is reopen the company and follow the due process of the law,” Dickson said.
Senator Shehu Sani took to his Twitter handle to describe the action as “politically motivated. The suspension of @AIT_Online is an utterly condemnable act. The suspension is politically motivated. Its an act of ingratitude and treachery to strangulate the very media outlet that has played a pivotal role in the struggle for the restoration and defense of democracy”.
Text of NBC Letter:
Following monitoring reports and complaints from concerned Nigerians about the broadcast contents of Daar Communications Plc’s AIT/Raypower broadcast stations, the NBC have over the last 2 years summoned on several occasions management of the company to address issues regarding the operations of AIT/Raypower with the company, particularly, Political Platform and Kakaaki aired on AIT.
In one of our meetings, held on 2nd June, 2017, the Commission expressed its disappointment with the way and manner Hate Speech, divisive and inciting comments are applied in discussion of national issues in breach of the provisions of the NBC Act and Broadcast Code.
Again, on 15th August, 2017, it became imperative to invite the company for yet another meeting on almost same issues. Furthermore, while addressing another meeting on 7th February, 2018 we highlighted issues of concern to the Commission which indicated that the company had been breaching the provisions of Sections 3.1.2 and 3.1.3 of the broadcast Code. The company’s delegates in their response promised to abate the breaches and comply with the law.
However, on October 18, 2018, the Commission was disturbed with the manner in which social media issues became part of the mainstream media unedited on AIT/Raypower, and was constrained to issue a generic letter to all broadcast stations on
the need to exercise caution in the use of user generated content from the social media knowing how volatile and misleading the social media has become. The management of Daar Communication Plc thereafter took to the social media to display our official correspondences.
Recently, the Commission’s monitoring reports on AIT/Raypower indicate the use of divisive comments accredited to the segment of “Kakaaki”, tagged, “Kakaaki Social”, where inciting comments like, “Nigeria is cursed, we declare independent state of Niger Delta”, “Nigeria irritates me”, “this country is gradually Islamizing” and other similar slogans are used without editorial control in breach of the broadcast Code. We were therefore constrained to issue Daar Communication letters of warning dated May 27th, 2019.
We also observed from monitoring reports that a documentary on the Presidential Election Tribunal, a pending election petition matter aired on AIT on Wednesday and Thursday, 22nd and 23rd May, 2019 without regard to the provisions of the Broadcast Code. The Commission, in line with its regulatory powers again cautioned AIT in another letter also dated 27th May, 2019.
However, instead of making amends, the management of Daar Communications Plc resorted to the use of media propaganda against the regulator. Even the letters from the NBC were posted on social media platforms.
Needless to state that Daar Communications have over the years turned themselves into a bad example of how a professional broadcast outfit should not be run.
In their relationship with the NBC, Daar Communications carry on, as if it is beyond the regulatory direction of the Commission. They don’t pay their licence fees as and when due.
Its broadcast is patently partisan and one sided and deliberately inciting and heating the polity. The management of the Company has created the habit of using the channel to fight its personal battles contrary to the statutory requirements of the law.
SHUT DOWN ORDER
Today the 6th of June, 2019, AIT/Rapower embarked on use of inflammatory, divisive, inciting broadcasts, and media propaganda against the government and, the NBC for performing its statutory functions of regulating the broadcast industry in Nigeria.
Consequently, after several meetings with management of Daar Communications Plc and many letters of warning, the NBC, today 6th June, 2019 took a decision to suspend the licence of Daar Communications Plc for failure to abide by the Commission’s directives, the provisions of the NBC Act Cap N11 Laws of the Federation of Nigeria and the Nigeria Broadcasting Code.
This decision is based on the provisions of Section 10 of the Third Schedule of the NBC Act Cap N11 Laws of the Federation of Nigeria, 2004, which states as follows:
(d) where in the opinion of the Commission the station has been used in a manner detrimental to national interest.
(g) where there is wilful or repeated failure to operate
substantially as set forth in the licence
(h), where there is wilful or repeated violation or wilful or repeated failure to observe any provision of this Act or any rule or regulation of the Commission authorised by this Act or by a treaty ratified by the Federal Republic of Nigeria.
(i), where there is violation of or failure to observe any cease and desist order issued by the Commission;
(k), where a provision of the Nigeria Broadcasting Code has been seriously breached; and
The SHUT DOWN order is until further notice.
