By Ayo Kehinde
The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu, to immediately stop what it described as a creeping regime of media censorship, calling on him to “direct the Minister of Information, Mohammed Idris Malagi, and the National Broadcasting Commission (NBC) to withdraw the unlawful ‘Formal Notice’ that threatens sanctions against broadcasters for expressing personal opinions.”
SERAP also urged President Tinubu to “direct the NBC and the Minister of Information to refrain from imposing prior censorship on journalists and broadcasters, and to allow them to freely exercise their constitutional rights,” while calling for urgent amendments to sections of the Nigeria Broadcasting Code it described as unlawful and inconsistent with both the 1999 Constitution and international human rights obligations.
The intervention follows a formal notice issued by the NBC on April 17, 2026, in which the regulator cited rising violations of the 6th Edition of the Broadcasting Code in news and political programming, warning that it would begin strict enforcement and impose sanctions classified as “Class B breaches”.
In a letter dated April 18, 2026, signed by its Deputy Director, Kolawole Oluwadare, SERAP insisted that the directive “is vague, unjustified, and poses a serious threat to press freedom and democratic discourse in Nigeria.” It warned that the NBC’s latest move amounts to prior censorship and could weaken the media’s constitutional role as a watchdog ahead of the 2027 general elections.
SERAP argued that the directive goes far beyond regulation and instead seeks to restrict legitimate journalistic expression.
“The NBC’s notice represents a dangerous attempt to impose prior censorship on the media and suppress legitimate journalistic expression,” the organisation stated.
It stressed that both Nigerian law and international human rights frameworks protect not only factual reporting but also opinions, commentary, and analysis.
“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. Journalistic opinion is protected expression”, SERAP said, adding that “value judgments are not susceptible to proof and enjoy heightened protection.”
A major concern raised by SERAP is Section 1.10.3 of the Broadcasting Code, which restricts presenters from expressing personal opinions.
According to the group, “this blanket prohibition amounts to prior restraint that excludes commentary, analysis, and value judgements—the very essence of journalism and democratic engagement.”
SERAP maintained that such restrictions fail globally recognised legal standards.
“Any limitation on freedom of expression must meet the tests of legality, necessity, and proportionality. The NBC’s provisions fail these tests and are therefore unconstitutional”, it said.
The organisation further criticised the NBC’s reliance on vague and broadly worded provisions to penalise broadcasters, warning that this creates room for arbitrary enforcement.
“The use of undefined concepts such as ‘professionalism’ introduces subjectivity and opens the door to abuse”, SERAP stated, dismissing the NBC’s claim of a “crisis of presenter professionalism” as insufficient legal justification for restricting fundamental rights.
While acknowledging the need to prevent misuse of broadcast platforms, SERAP argued that regulatory measures must be precise and rights-compliant.
“Legitimate concerns such as preventing harassment or ensuring fairness do not justify sweeping restrictions that undermine editorial independence”, it said.
The group warned that the implications of the directive extend beyond media houses to Nigeria’s broader democratic process.
“Ahead of the 2027 elections, the NBC’s directive risks limiting public access to diverse viewpoints, weakening scrutiny of political actors, and undermining transparent and credible elections”, SERAP cautioned.
It also raised concerns over provisions relating to “bullying or intimidation” and mandatory “fair hearing”, noting that such rules lack clear definitions and could be used to suppress tough questioning.
“The undefined scope of ‘bullying’ could easily be used to punish critical or investigative journalism, which is essential in any democratic society”, the letter noted.
On the issue of compulsory balance, SERAP warned that forcing broadcasters to always present opposing views could amount to editorial interference.
“This requirement imposes compelled speech and undermines the autonomy of journalists and media organisations”, it said.
The organisation further argued that the classification of alleged violations as “Class B breaches”, punishable by fines or suspension, raises serious due process concerns.
“The threat of sanctions based on vague provisions creates a chilling effect, discouraging legitimate journalism and fostering self-censorship”, SERAP warned.
It added that such measures effectively amount to indirect censorship, contrary to constitutional guarantees and international standards.
Giving the Federal Government a 48-hour deadline, SERAP said it would pursue legal action if its recommendations are not implemented.
“If we have not heard from your government and the NBC within 48 hours, SERAP shall take all appropriate legal actions to compel compliance in the public interest”, the organisation stated.
Noting that protecting press freedom remains critical to Nigeria’s democracy, SERAP emphasised that any attempt to silence journalists would erode public accountability and weaken democratic governance.
