IPC, CSOs Reject Proposed Tariff Regulation for Satellite TV

•We have responsibility to monitor media content, says FG

By Adedayo Akinwale

The International Press Centre (IPC), as well as civil society organisations and other stakeholders in the industry have rejected the proposed tariff regulations for satellite television in the new National Broadcasting Commission (NBC) Act Amendment Bill.

This is coming as the Minister of Information and Culture, Mr. Lai Mohammed, has said the federal government has a responsibility to monitor media content.

The stakeholders made their views known yesterday in Abuja during the public hearing of a bill to amend the NBC Act organised by the House of Representatives Committee on Information, National Orientation, Ethics and Values.

They were of the view 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.

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 to discourage investment in the sector and the attendant job losses.

He 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 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 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.”

The Executive Director, Institute for Media and Society, Dr. Akin Akingbulu, said the most prominent gap in the NBC Act 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.

Also, making his presentation on behalf of Ataguba & 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 be of benefit to consumers, stressing that in public services where government subsidies are involved, price regulation may be relevant.
Earlier in his presentation, the Minister of Information and Culture, Mohammed, proposed that the bill should grant power to NBC to regulate internet broadcasting and all online media.

He stated: “Section 2C 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 a responsibility to monitor content, including Twitter.”

Declaring the event open, the Speaker of the House of Representatives, Hon. Femi Gbajabiamila, said the committee convened the public hearing to allow citizens and stakeholders to review and contribute to draft bills currently under consideration in the House of Representatives.

He said bills under consideration are A bill for an act to amend the National Broadcasting Act, CAP N11; A bill for an act to establish the Nigerian Institute of Translators and Interpreters; A bill for an act to repeal the Advertising Practitioners; A bill for the establishment of a Council for advertising practitioners as the apex regulatory authority for the Nigerian Advertising Profession and Practice and a bill for an act to repeal the National Film and Video Censors Board Act.