Implications of the Nigerian Broadcasting Code on Broadcast Copyright and Competition

Abstract

The National Broadcasting Commission (NBC) in Nigeria recently released an amendment to the 6th edition of the Broadcasting Code, which aimed at increasing local content, generating advertisement revenue and preventing anti-competitive practices in the Nigerian broadcast industry. To this end, it prevents exclusivity or monopolisation of content by broadcasting organizations, including Pay TV and Video on Demand (VOD) platforms. Drawing from European and South African experiences, the article first examines the provisions of the Broadcasting Code, particularly the amendment, vis-a-vis the Nigerian Copyright Act and Nigeria’s international obligations under treaties, such as the Rome Convention and the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). It then examines the impact of the amended Code on the broadcast industry. In connection to the foregoing, the article seeks to determine whether the provisions of the amended Code can qualify as limitations and exceptions to exclusive rights allowed under the treaties and the Nigerian Copyright Act; and whether, in attempting to foster competition in the Nigerian broadcast industry, the amended Code has taken away the exclusive rights granted by the Copyright Act to owners of Pay TV and VOD platforms and thereby runs contrary to Nigeria’s international obligation. Where appropriate, recommendations are made for consultation among relevant stakeholders for review of the amended Code to align with the Copyright Act and Nigeria’s international obligations.

Keywords: Copyright, Broadcasts, Nigeria, NBC Code, Pay TV, VOD Streaming Platform