The Nigerian Broadcasting Commission in its review of the Broadcasting Code (6th Edition) unequivocally “prohibits any broadcaster and licensee from entering into any form of agreement, contract or take any decision which has the objective or intention of preventing, restricting or distorting Competition” (abridged)
With the amended act, hopes became very high at least for the common man who can not afford a monthly subscription but looking forward to the other competitors whose major selling point was the Pay As You Go package!
The then DG, Armstrong Idachaba had in a Press briefing in March 2020 just after the 6th Amendment assured Nigerians that the New Broadcasting Code would break the Monopoly of “greedy capitalists” who boast of being “dominant players” and allow Local Pay TV Platforms to thrive.
One would have expected Industry players like the Broadcasting Stations, MultiChoice etc to comply with this code but the opposite would become the case.
Personally, I have yet to find anywhere in the world where exclusivity has grown an economy.
Competition in a fair competitive ground is the key to the development of Broadcasting in Nigeria.
I am particularly proud of the Local Pay TV Platforms like Moreplex TV, a local Pay TV channel where Nigerians can have access to TV content at very low subscription prices who has refused to be intimidated by this intentional act capable of Economic sabotage and derailing Job creation.
My heart leapt with joy recently when I sighted a Court Judgement secured by Moreplex with Multichoice Nigeria Ltd, National Broadcasting Commission and the Honorable Minister for Information and Culture as defendants.
A very laudable step at ending Monopoly and exclusivity which has destroyed local investors.
Justice Phoebe M. Ayua of the Federal High Court at Port Harcourt had in an impressive and fair judgement on March 8th 2024 ordered MultiChoice to sublicense some requested Channels to Moreplex TV and that its continuous refusal is unlawful and a breach of the clear provisions of the Nigerian Broadcasting Code 6th edition as amended.
The Court also declared that the failure of NBC as a regulatory body to issue directives or impose sanctions on Multichoice amounts to dereliction and a breach of their statutory duty.
The Court further granted the sum of #200,000,000 as general damages against the defendants for the losses of the plaintiff’s business with a 10% Post-judgment interest on the judgment sum from the date of judgment till final liquidation.
For reasons best known to NBC, having failed to obey their own Code, they also failed to obey the Court order as they never issued the directives asking MultiChoice to hand off the exclusivity of some of the Channels to enable Local Pay TV stations like Moreplex Tv and others thrive.
While they were feet dragging at obeying the court, I would understand that MultiChoice had appealed this judgement which I know is their inalienable right but No Gain Saying that No Judge is expected to rule on the contrary as the NBC Code 6th edition is crystal clear on exclusivity and Monopoly of channels.
Meanwhile, Following the appointment of The current DG of NBC, Charles Ebuebu, most of us who had known him as a thorough practitioner were hopeful that things would be different and we are still hopeful that this hydra-headed monster called Monopoly and Exclusivity by the “Greedy Capitalists”(thanks to Idachaba) militating against Local investors would become a thing of the past.
We are indeed looking forward to a Free and Fair system for Pay TV operators in Nigeria and in turn, give consumers the opportunity of Choice.
Ufele Ighodalo
Consumer Rights Activist writes from AbujaÂ
Disclaimer
As a policy JOURNALIST101 does not endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or another independent party. Opinion pieces and contributions are the opinions of the writers only and do not represent the opinions of JOURNALIST101.
