NBA faults Kano’s media regulations, says only NBC can censor broadcast content

The Nigerian Bar Association (NBA) says state governments do not have the legal backing to regulate broadcast content of radio and television stations.

Recently, the Kano state government announced new regulations designed to “regulate” media content and “safeguard cultural and religious values”.

The regulations include that guests appearing on media platforms must sign an undertaking to refrain from making abusive and defamatory remarks.

“A complete ban on live political programmes across all media outlets. Presenters are prohibited from asking provocative questions or making gestures that could incite defamation or damage Kano State’s image,” part of the regulations stipulated.

The state government said that the regulations were the outcome of a meeting with media executives in Kano.

A statement on Thursday by Afam Osigwe, NBA president, said the Kano state government’s decision is not only “ill-advised” but “entirely unconstitutional”.

Osigwe said the “unilateral” action of the Kano government “amounts to a gross violation of section 39 of the 1999 constitution”.

The NBA president said only the National Broadcasting Commission (NBC) has the legal power to regulate broadcast content in line with “national standards and constitutional provisions”.

He added that attempts to suppress live political programmes “under the guise of maintaining public order sets a dangerous precedent”.

“The Nigerian Bar Association (NBA) unequivocally states that no state government has the legal competence to regulate or censor broadcast content in Nigeria,” the statement reads.

“That responsibility lies squarely with the National Broadcasting Commission (NBC), established by the NBC Act, to ensure that broadcast content aligns with national standards and constitutional provisions.

“The NBC Code already provides a comprehensive framework for regulating broadcasting, including mechanisms for addressing inappropriate or harmful content.

“If any station is found in breach of these guidelines, the NBC, not state governments, is empowered to take corrective action.

“This unilateral action by the Kano State Government amounts to a gross violation of Section 39 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which guarantees every Nigerian the right to freedom of expression, including the freedom to receive and impart information and ideas without interference.

“Attempting to suppress live political programming under the guise of maintaining public order sets a dangerous precedent and threatens the vibrancy of political discourse, transparency, and accountability. It also undermines media independence and public access to information, especially in a democratic society where the free exchange of ideas is non-negotiable.

“The NBA calls for the immediate reversal of this directive and urges the National Broadcasting Commission to reassert its regulatory authority to prevent future encroachments by state governments.”