Polls: SERAP tackles FG over threat to shut broadcast stations

The Socio-Economic Rights and Accountability Project (SERAP) has given President Muhammadu Buhari 48 hours to order the Minister of Information and Culture, Lai Mohammed and the National Broadcasting Commission (NBC), “to urgently withdraw the last warning and threat to revoke the licences of broadcast stations and shut them down over their coverage of elections and post-election matters”. NBC last week threatened to revoke the licenses of broadcast stations and shut them down: “If they continue to allow unpatriotic individuals on their platforms to make utterances that are subversive, hateful, and inciting, and negative conversations particularly in the post-2023 presidential election.” However, SERAP, in a letter dated March 11 and signed by DeputyDirectorKolawoleOluwadare, saidthe “last warning” and NBC’s threat if not immediately withdrawn would limit freedom of expression and the ability of broadcast stations to cover important issues around the general election.

The group by threatening to shut down and revoke the licencesof broadcaststationsfor carrying out their “watchdog role” is clearly incompatible with Nigeria’s constitutional and international human rights obligations. SERAP said: “Political expressionisafundamentalright. The threat by NBC creates a significant risk that legitimate expression may be prohibited. “Suchunlawfulprohibition maypreventtransparencyand dissemination of information on legitimate issues of public interest around the 2023 general election. “We would be grateful if the requested action is taken within 48 hours of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.”

It added: “The threat may produce a direct impact on the work of broadcast stations in ways that areinconsistentwith the right to freedom of expression, accesstoinformationand media freedom. “Your government has a legal responsibility to ensure an environment in which a diverse range of political opinions and ideas around the general elections can be freely and openly expressed and debated. “The threat by the NBC is neither necessary nor proportionate, as it would unduly intrude upon Nigerians’ right to freedom of expression, access to information, and media freedom. “The use of vague and undefined phrases such as ‘unpatriotic individuals’‘subversive, hateful, and inciting utterances, particularly post-election, as grounds to threaten to shut down broadcast stations is inconsistent and incompatible with human rights requirements.

“The Nigerian Constitution and human rights treaties impose legal obligations on your government to refrain from imposing restrictions inconsistent with human rights requirements, including on discussion of political and election-related issues. “It is also inconsistent with constitutionalandinternational human rights requirements to threaten broadcast stations solely for their coverage of the issues around the general elections based on vague phrases suchas‘unguardedstatements, divisive and dangerous comments’, ‘negative conversations’ used by NBC. “The threat may stifle reporting on political and election- related issues, as well as have a deterrent effect on the public’s exercise of their right to freedom of expression on political and election-related issues, particularly issues deemed controversial or critical.