The Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to caution the National Broadcasting Commission (NBC) , even as it called for the re-opening of the African Independent Television (AIT) and RayPower FM.
SERAP also urged the president to strengthen the independence of the National Broadcasting Commission (NBC), saying the country’s constitutional and international legal commitments to freedom of expression, media freedom and access to information are not to be undermined.”
Recall that NBC in a statement accused AIT/Raypower of embarking “on use of inflammatory, divisive, inciting broadcasts and media propaganda against the government” and failing “to meet financial obligations to the regulatory authority.”
But SERAP in a statement Friday by its deputy director Kolawole Oluwadare said: “These grounds are so subjective that if allowed to stand would seriously undermine freedom of expression, media freedom and access to information in the country.
The mere fact that forms of expression on AIT/Raypower are considered by NBC to be insulting is not sufficient to justify the indefinite suspension.
” These grounds do not meet the requirements of legality, reasonableness, due process, necessity and proportionality.”
The organization said: “We are considering all the legal options to challenge this blatant illegality.”
The statement read in part: “The suspension amounts to unnecessary or disproportionate interference with freedom of expression and media freedom. The NBC ought to show a greater level of independence in the exercise of its statutory powers.
“Without independence, the NBC cannot satisfactorily perform its duties. If allowed to stand, this suspension may be perceived as a threat to restrict the media, and open the door to limitations on expression and media operations.
“This would be entirely inconsistent with constitutional provisions and international law, and undermine the government’s commitment to fight grand corruption.”
“The right to freedom of expression has long been understood to require States not only to avoid limitations on the right but also to promote an environment that is conducive to this fundamental freedom.
This follows from the wording of the provision itself, which in addition to establishing an obligation to protect also establishes an obligation to promote.
“Article 20 calls for the prohibition of advocacy of national, religious or racial hatred that constitutes incitement to violence, hostility or discrimination. Nigeria is also bound by the African Charter on Human and Peoples’ Rights.”
“The Human Rights Committee and other mechanisms have emphasized the importance of the State promoting media pluralism and ensuring media independence, as per General Comment 34, para. 40.
