The National Broadcasting
Commission ("the Commission"), on 27th May 2020,
unveiled the amendments to the 6th edition of the Nigeria
Broadcasting Code ("the Code"). The objectives of the
Code are to promote fair, efficient and effective competition and
regulate the acquisition and sharing of content rights in the
broadcast industry.
This Article examines the relevant provisions of the Code on the
subject matters of exclusivity, compulsory sub-licensing and the
constitutional concerns that they raise.
Exclusivity & Compulsory Sublicensing
The relevant provisions of the Code are as follows:
9.0.1 - Regarding exclusivity generally: "...no broadcaster
or licensee shall enter into any form of broadcasting rights
acquisition either in Nigeria or anywhere in the world to exclude
persons, broadcasters or licensees in Nigeria from sub-licensing
the same."1
