Their views were made known on Wednesday in Abuja during the
public hearing of a bill to amend the NBC Act organised by the House Committee
on Information, National Orientation, Ethics and Values.
In his presentation titled, ‘Independence of NBC/depoliticised
process of licensing, industry-sensitive pricing system, promotion of
inclusivity and checking arbitrariness’, the Executive Director of IPC, Mr.
Lanre Arogundade said fixing tariffs arbitrarily could lead to excessive
pricing that has the potential of discouraging investment in the sector and the
attendant job losses.
He added that giving the NBC the sole right over tariff
issues which cannot be interfered with could be interpreted as an ouster clause
that arrogates to it arbitrary powers that cannot be challenged even in the
court of law.
Arogundade emphasised that the provisions must also not
encourage the regulator to become a dictatorial behemoth whose powers and
conduct cannot be questioned as such would negate democratic norms and values.
The Executive Director noted that unlike other regulatory
institutions such as the National Communications Commission (NCC), the
appointment of the Board, including the Director General, is not subject to the
confirmation of the National Assembly.
Arogundade pointed out that the conduct of the NBC overtime
presented it as an extension of the office of the Minister of Information and
Culture which rarely acts independently.
He stressed that in recent times the NBC has taken actions
against certain broadcast media that are believed to be politically motivated,
adding that the time is therefore overripe to make the NBC truly independent.
Arogundade noted that the process of licensing broadcast
stations is politically compromised, as under the present NBC Act.
He stated: “Fixing tariffs arbitrarily could lead to
excessive pricing that has the potential of discouraging investment in the
sector and the attendant job losses.”
“Giving the NBC the sole right over tariff issues which
cannot be interfered with could be interpreted as an ouster clause that
arrogates to its arbitrary powers that cannot be challenged even in the court
of law.”
Arogundade noted that the proposed tariff in the NBC Act
amendment bill represents a usurpation of the functions of the Federal Competition
and Consumer Protection Commission Act (FCCPC Act), which has adequate
provisions to deal with the often contentious issue of competition and pricing
in Nigeria.
He lamented that the NBC currently operates as an
institution that is an island unto itself, stressing that as it suits the whim
and caprice of its Director General, it decides that an offence has been
committed, decides on the punishment and goes ahead to apply the sanctions,
which sometimes include shutdown of broadcast stations.
In other words, he said, the NBC is often the accuser, the
prosecutor and the judge in its own case.
To this end, Arogundade said the NBC Act should provide for
the right of appeal to the Board of NBC where sanctions applicable for alleged
breach of Nigeria, saying broadcasting Code could include hefty fines,
suspension or withdrawal of license.
Also, making his presentation on behalf of Ataguba and
Ataguba solicitors, Mr. Emmanuel Ataguba, said the intendment of this amendment
to regulate and control prices in the interest of consumers of Digital
Satellite Television Services is against the objective of the Federal
Competition and Consumer Protection Act which is to “protect and promote the
interests and welfare of consumers by providing consumers with a wider variety
of quality products (and services) at competitive prices”.
He pointed out that he does not consider that price
regulation would benefit consumers, stressing that in public services where
government subsidies are involved, price regulation may be relevant.
On his part, the Executive Director, Institute for Media and
Society, Dr. Akin Akingbulu, said the most prominent gap in the NBC Act today
is its failure to provide for the independence of the regulatory body.
He said lack of independence manifests in many ways such as
in skewed decision-making, inconsistencies in attention to regulatory
functions, inability to protect the industry and strengthen its
professionalism, inability to meet international standards and, ultimately,
failure to deliver on its mandate.
Earlier in his presentation, the Minister of Communication
and Culture, Alhaji Lai Muhammed said the bill should grant power to NBC to
regulate internet broadcasting and all online media.
He stated: “Section 2(C) states that the commission shall
receive, process and consider applications for the establishment, ownership and
operation of radio and television stations including Cable television Services,
Direct Satellite broadcast, Direct to Home, IPTV, Radio, EPG and Digital
Terrestrial television…,
“I want to add here specifically that internet broadcasting
and all online media should be included in this because we have responsibility
to monitor content, including twitter.”
The minister also noted that the bill also mandates NBC to
provide for the payment of all monies received by the commission into the
Federation Account in accordance with section 162 of the constitution of the
Federal, but added that this section of the bill was not in line with the
thinking of the Executive.
Mohammed added, “Very soon, the NBC will exit the number of
parastatals whose salaries are paid by the federal government. In other words,
the NBC would need to be paying its own salaries, pay for its over heads and
operations. If that is the way the Executive is thinking, it will be a draw
back if you now pay everything into the Treasury Single Account.
“It means that the government would have to continue to pay
our salaries and take care of all our needs. This will defeat the objective of
the federal government that certain parastatals should contribute more to the
revenue of government.”.
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