SERAP, NGE challenge NBC in court over broadcasting code sanctions

The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have taken the National Broadcasting Commission (NBC) to the Federal High Court in Lagos, contesting what they described as an arbitrary directive, warning broadcasters and presenters against alleged violations of the Nigeria Broadcasting Code.

The suit, filed under case number FHC/L/CS/854/2026, seeks judicial interpretation of several provisions of the 6th Edition of the Broadcasting Code, which the plaintiffs argue are vague, overly broad, and incompatible with constitutional guarantees on freedom of expression, opinion, and access to information.

The NBC had recently cautioned broadcasters against presenting personal views as factual reporting, engaging in conduct deemed as bullying guests, or failing to maintain neutrality, citing breaches of its regulatory code. However, the plaintiffs insist that the directive amounts to an undue restriction on journalistic practice.

SERAP and Nigerian Guild of Editors argue that editorial opinion and value judgments are integral to journalism and are protected forms of expression under both national and international human rights instruments.

They further contended that the regulatory framework failed to clearly define prohibited conduct, thereby creating uncertainty that could allow for arbitrary enforcement against media practitioners.

The plaintiffs also maintain that the National Broadcasting Commission cannot justify the restrictions on the basis of alleged professional shortcomings within the media industry, warning that such actions could have a chilling effect on free speech.

According to them, enforcing the contested provisions, particularly in the lead-up to the 2027 general elections, risks limiting the diversity of public discourse and undermining democratic engagement.

In their application before the Federal High Court Lagos, they are seeking a declaration that the challenged sections of the Broadcasting Code are unconstitutional due to their vagueness and inconsistency with fundamental rights protections under the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights.

They are also requesting an order invalidating the provisions and a perpetual injunction restraining the NBC or any other authority from imposing sanctions, fines, or disciplinary measures based on the disputed sections.

No hearing date has been scheduled for the matter.