Film Maker Asks Court to Stop Enforcement of Broadcasting Code

Movie producer and director, Cas Chidiebere Obidike, has asked the
Federal High Court sitting in Lagos to perpetually restrain the
National Broadcasting Commission (NBC) from enforcing the sixth
edition of the National Broadcasting Code.

The amended code, which has continued to generate controversy, was
unveiled last month in Lagos by the Minister of Information and
Culture, Alhaji Lai Mohammed.

In a fundamental human rights suit (No. FHC/L/CS/1211/2020) filed
before the court on his behalf by his counsel, Mr. Emeka Okpoko (SAN)
of Straddle Partners, Obidike said paragraphs 6.2.11, 6.2.3, 6.2.4 and
6.2.17 of the code constitute gross violations of his fundamental
human rights and freedom of expression enshrined in sections 37 and 39
of the 1999 Constitution (as amended).

In the suit filed on September 4, Obidike is seeking an order of
perpetual injunction restraining the NBC, the sole respondent in the
suit, and any of its agents or proxies from enforcing the
aforementioned sections of the code.

In the affidavit in support of the originating motion, Obidike said
paragraphs 6.2.3, 6.2.4 and 6.2.17 breach his right to privacy or have
a likelihood of infringing upon his fundamental human rights.

According to him, the provision of the National Broadcasting Code
requiring that broadcast rights to sporting events be submitted to the
NBC for ratification within two weeks, as stipulated in paragraph
6.2.3, and the revocation of the rights in the event of
non-compliance, as noted in paragraph 6.2.4, will force him to divulge
business secrets contained in contracts of sale/acquisition of
broadcasting rights to movies and other media production.

He also argued that confidentiality clauses inserted in business
contracts in which contracted parties are bound to comply with will be
breached as a result of the code.

Obidike stated that paragraph 6.2.17, which mandates a broadcaster to,
within 14 days, provide the original or certified true copy of
agreements and other documents by which such contents have been duly
acquired, prevents him as a private Nigerian citizen from engaging in
the business of film making and business production and contravenes
his fundamental human rights as enshrined in the 1999 constitution (as
amended).

Citing Order ii, Rule 1 of the Fundamental Rights (Enforcement
Procedure) Rules, 2009, the applicant insisted that any individual who
deems that there is a contravention of fundamental human rights can
institute legal action against such person or entity.

The affidavit partly read: “In the course of my business in the
industry, I enter into contracts of sale/acquisition of broadcasting
rights to movies and other media productions in which terms such as
“confidentiality” are agreed upon in order to protect the parties’
interest such as privacy to business secrets against outsiders.

“In view of the above paragraphs of the 6th edition to the Nigeria
Broadcasting Code, I risk protection of my privacy to my business
secrets usually contained in contracts of sale/acquisition of
broadcasting rights to movies and other media productions which I
enter into in the industry.

“That a contract of sale/acquisition of broadcasting rights described
above once submitted to the Respondent, the contractual document
becomes a public document which members of the public are entitled to
apply for and obtain certified true copies of thereby creating a
likelihood of my constitutionally guaranteed right to privacy being
jeopardised.”

Obidike also argued that paragraph 6.2.11, which prohibits the
broadcast of advertisement of products and services during prime
foreign sporting contents if such advertiser does not equally sponsor
such product and services of prime local sports content in the same
category, infringes or has a likelihood of infringing his fundamental
human right to freedom of expression.

The affidavit read: “In order to promote, impart ideas and information
regarding my products which consist in released movies, upcoming
movies and other media productions to a larger audience, I often
advertise these products in prime foreign sports contents at costs
within his financial capacity.

“I believe from Counsel’s information that by virtue of paragraph
6.2.11 of the 6th edition to the Nigeria Broadcasting Code, I am
likely to suffer a limitation to my freedom to express information and
ideas about my products as the said paragraph now imposes an
advertisement platform as well as an increased cost of advertisement
which I may not be able to meet up with, on me.”

The document further stated: “Your lordship, the provisions of
paragraph 6.2.11, 6.2.3, 6.2.4 and 6.2.17 of the Respondent’s 6th
edition to the Nigeria Broadcasting Code offend the letters and spirit
of the provisions of sections 37 and 39 of the Constitution, in that
they contravene or have a likelihood of contravening the Applicant’s
fundamental human rights thereunder.”