IN the past, the ruling Peoples Democratic Party (PDP) had an easy ride to power. But this may not be so in the forthcoming elections. PDP seems to have met its match in the All Progressives Congress (APC), which has proved to be a formidable opposition. The PDP had boasted that it would rule for 60 years.
To gain the upper hand at the polls, both parties have been campaigning vigorously, using every medium at their disposal. The electronic and print media are awash with all manners of advertorials. In some cases, the advertorials do not address issues. Rather, they attack personalities and promote hate.
The National Broadcasting Commission (NBC), the Nigerian Press Council (NPC) and the Advertising Practitioners Council of Nigeria (APCON) are responsible for checking these abuses, but they have not lived up to expectations, leaving many to ask if they are still relevant. Some ask: Have they become toothless bulldogs? Will they wield the big stick after the hate messages the media carried had done the irreparable damage ?
Last week, the APC Presidential Campaign Organisation (APCPCO) warned that the NBC and APCON, which regulate broadcasting and print advertising, are by default promoting violence and hate following their seeming inability to sanction erring radio and television stations, industry players and groups, that continuously breach extant laws and regulations governing activities of the agencies.
A statement by APCPCO’s Director of Media and Publicity Malam Garba Shehu, said the NBC must match its words with action if it is not to be perceived as indirectly helping in promoting a culture of political violence.
“The NBC has soon forgotten the role it played through its inaction against some television stations when they aired a dirty and false documentary on General Muhammadu Buhari, Presidential Candidate of the APC.
“The specific code that these television stations have contravened is Section 3.1.2 of the NBC Code, which states that: “Materials/statements likely to incite or encourage the commission of a crime or lead to public disorder shall not be broadcast”.
“This is a breach, which attracts severe penalty of suspension of license or outright withdrawal of the license of that station, but to the surprise of many industry observers and Nigerians, to date nothing has been done to the errant stations,” the APCPCO said.
The organisation said NBC’s inaction calls into question the neutrality of many government regulatory bodies, especially in an election time where the incumbent President is a candidate.
The media is guided by certain rules and regulations to ensure that its privileges are not abused at the expense of the audience, most of whom feed on what they hear, see or read.
The regulatory agencies were created to ensure that materials that flout media laws and ethics, offend the sensibilities of the populace, create division, instigate violence or threaten national security do not reach the consumers. But to many observers, these media watchdogs have done little or nothing to curb the excesses.
While Nigerians were not done in their condemnation of campaigns of calumny and mudslinging among candidates, the situation has taken a more frightening dimension.
Sensing that public outcry has awaken most media houses to their ethical responsibilities in handling editorial materials and ensure that most hate messages are no longer replicated verbatim, politicians have decided to use real and pseudonyms in sponsoring advertorials and documentaries against their rivals.
An example of such was the ‘wrap-around’ advertisements sponsored by Ekiti State governor, Ayo Fayose, suggesting that the APC Presidential Candidate, Gen. Muhammadu Buhari was sick and would die in office if elected.
It had pictures of past Nigerian leaders, such as Gen. Murtala Muhammed, Gen, Sani Abacha, and Umaru Yar’Adua, who died in office, as well as that of Buhari with a big question mark on it. The advertisement was published by The Punch and The Sun. To many Nigerians, it was a ‘death wish’ as it contained statements such as: “Will you allow history to repeat itself? Enough of state burials.”
The said advert was also accompanied by an excerpt from the book of Deuteronomy 30:19: “Nigerians be warned! Nigeria…I have set before thee life and death. Therefore, choose life that both thee and thy seed may live.”
None of the media organisations has been publicly sanctioned or warned to serve as deterrent to others. Many are, therefore, worried that the media has not only lost its sense of judgment and neutrality, but its regulatory agencies have been enmeshed in politics that they no longer do their jobs.
Some analysts say it will be difficult for the bodies to be effective so long as their heads and board members are appointed by the President. Besides, some of them are under the regulatory control of the Federal Ministry of Information.
The regulators’ powers
APCON is the body in charge of regulating and monitoring every advertisement and granting approvals through the Advertising Standards Panel (ASP) before a particular advertisement can be published in any media (print, electronic, outdoor).
According to the APCON Act, all advertisements shall be legal, decent, honest, truthful, respectful and mindful of Nigeria’s culture. They should be prepared with a high sense of social responsibility and should avoid misinformation; conform to the principles of fair competition generally accepted in business, and of fair comments expected in free human communication.
Although APCON’s website indicated that the agency insisted on pre-exposure clearance of all advertisements in order to check all forms of abuses such as misleading statements, spurious testimonials, visual and verbal exaggerations, misleading offers, suggestion or pictures offensive to public decency, it is doubtful whether the offending political adverts received prior approvals before publication.
The NPC Act 85 of 1992, as amended in Act 60, 1999, is saddled with the responsibility of maintaining high professional standards for the Nigerian press and sanctioning of erring newspaper houses. It is empowered to look into complaints and serves as a buffer between the press and the public.
Despite public outcries over the unethical nature of some newspaper content, the NPC has maintained curious silence on the issue, while some newspaper houses threw caution to the wind and published materials that violated media law and ethics.
The NBC Act empowers it to regulate broadcasting in Nigeria. It is mandated by Section 2 subsection (1) of Act 38 of 1992 as amended by Act 55 of 1999 to regulate and control the broadcast industry; receive, consider and investigate complaints from individuals and organisations regarding the contents and/or conducts of a broadcast station as well as regulate ethical standards, determine and apply sanctions including revoking licences of defaulting stations, which do not operate in accordance with the broadcast code and in the public interest.
A former Secretary of the Nigerian Bar Association (NBA), Ikeja Branch, Adesina Adegbite described the recent advertisements as “appalling and disturbing.”
The National Broadcasting Commission (NBC), the Nigerian Press Council (NPC) and the Advertising Practitioners’ Council of Nigeria (APCON) are empowered to sanction erring media practitioners and organisations. But it appears they are finding it difficult to discharge their mandate. In the ongoing electioneering, there have been hate campaigns, which should have drawn the sanction of NBC and APCON, but the regulators looked the other way. What is a hate campaign? Media watchers cited an advertorial wishing a presidential candidate dead as hate campaign. Why can’t these regulators act? According to lawyers, it is because they lack the independence to enforce their enabling laws, writes PRECIOUS IGBONWELUNDU.
“We have witnessed all sorts of campaign of calumny, direct abusive and insulting political adverts sponsored by politicians/elected political office holders, political candidates and even political parties in some cases.
“The trend has been so consistent and provocative and it is to the glory of God that we have not witnessed any outbreak of violence as a result of some of these very crude adverts,” he said.
To him, it is obvious that the regulatory bodies have have failed in discharging their duties and responsibilities as regards the monitoring and regulation of the media.
“For instance, Section 2 subsection (1) d, f, g, h, l, m, n of Act No 38 of 1992 as amended by Act No 55. of 1999 which established the NBC provides amongst others the following as functions of the Commission: (d) regulating and controlling the broadcast industry; (f) receiving, considering and investigating complaints from individual and bodies corporate, regarding the contents of a broadcasting station and the conduct of a broadcasting station; (g) upholding the principles of equity and fairness in broadcasting;
“(h) Establishing and disseminating a national broadcasting code and setting standards with regards to the contents and quality of materials; (l) Regulating ethical standards and technical excellence in public, private and commercial broadcast stations in Nigeria; (m) Monitoring broadcasting for harmful emission, interference and illegal broadcasting; and (n) Determining and applying sanctions, including revocation of licences of defaulting stations, which do not operate in accordance with the broadcast Code and in the public interest.
“Similarly, NPC was established by CAP N128 to promote high professional standards for the Nigeria Press. Its core vision is to create a culture of Ethical Press in Nigeria.
“I will not dwell on the role of APCON because it is a body meant to regulate the activities of advertising practitioners.
“From the provisions of the Law, which established both NBC and NPC, it is crystal clear that they have failed in maintaining and or enforcing ethical standards amongst the media houses that have flagrantly violated their ethical code of the press,” Adegbite said.
According to him, the regulatory bodies have chosen to turn a blind eye because they cannot bite the finger that feeds them.
“They are certainly not toothless, what has happened is that they choose to turn a blind eye to the unethical trends going on in the press. The NBC has in the past sanctioned media houses even for filmsy reasons.
“AIT, which is accused of being the number one violator of the ethical code of the press, has fallen victim of such sanctions in the past.
“One now wonders why the NBC has chosen to shirk its responsibility this time around. Such non-performance or inaction on the part of the NBC can only lead to one conclusion, which is, the Commission is compromised.
“Compromise by an institution like NBC can easily be traced to government interference. Until we have regulatory agencies, which are headed by incorruptible professionals, we may not see the end of institutional compromises as we are witnessing today.”
Lawyers’ react
Some lawyers believe that regulatory agencies have been compromised with their independence and effectiveness hampered.
Chief Bolaji Ayorinde (SAN) attributed the situation to weak institutions.
“There is no proper regulation and monitoring. The current campaigns have made it very obvious that the agencies have been sleeping. It is a serious issue that must be discussed after the elections so that better regulation can be put in place,” he said.
To Chief Felix Fagbohungbe (SAN), the problem simply represents a manifestation of corruption, where the media would advertise offensive messages for money.
“The agencies have compromised and so they can no longer uphold professional ethics. They are not living up to the regulations because members have political affiliations. Even media houses that are supposed to have high sense of judgment and remain apolitical have all taken sides.
“I think it is time for the public to challenge them in court. If more aggrieved people drag the media houses to court, then the worthiness of the regulators would be seriously questioned. Since the regulatory bodies have gone to sleep or are being influenced not to do their jobs, media houses have taken to partisanship.
“Also, the appointment and removal of Directors-General of these agencies should be reviewed and the power stripped off the executive arm of government. Let the legislature be vested with the power because they can do their jobs without fear or favour,” he said.
Prof Gabriel Olawoye (SAN) said the agencies’ ineffectiveness is a reflection of the general rot in the country.
“We really have to pray to God for something to be done to this rot that is everywhere in this country, from top to bottom. I feel irritated when people refer only to particular politicians because the problem is with the citizenry.
“Few people, who have tried to change the situation, have been maligned and their characters badly assassinated. They have been given very bad names. You will even be surprised by those trying to defend people enmeshed in the rot. Journalists need to be more critical and analytical because they are part of the problem,” he said.
Mr Norisson Quakers (SAN) said it was time for the nation to start appointing individuals with strong will and integrity to head various institutions so that issues of compromise would no longer surface.
He also agreed that power to appoint or remove the head of the regulatory agencies be stripped from the executive and vested on an independent body.
“Media houses have been politicised. They have become political tools either as a result of their ownership or patronage and so, the likelihood of being neutral and apolitical as they ought to have been eroded.
“How can the regulatory agencies be said to be apolitical when the government has some sort of control, when the Minister of Information, being a member of a political party, exercises some level of control? How can you guarantee impartiality when members of the boards and councils are affiliated with the government of the day?
“If those agencies have been living up to their responsibilities, some media houses both independent and government owned, would have by now been sanctioned. It is not about the laws because the laws are there. I think the problem we are having is that we are not politically matured.
“We have to keep trying until we achieve a level where institutions are independent and seen to be so. We need individuals with high integrity, who will insist on following the laws to the letters when appointed into office not boot lickers, who will do anything to keep their jobs.
“The laws are there, but what is lacking is people with integrity, who are principled and would rather resign the appointment than bend the rules. There is need to change the way and manners heads of regulatory institutions are appointed.
“We need to take that power away from the executive and hand it over to an independent body that should be created for that purpose.
“Also political appointees should be above board and be able to stand their ground irrespective of who appointed them since they have sworn to oaths of office. The level of lawlessness and rascality in this country are worrisome and sickening.”
Lagos lawyer, Abayomi Omoyinmi, said the regulatory bodies have not only shown themselves to be toothless, but have heavily compromised in the way they have conspired to promote hate messages and print malicious information.
“They have thrown all the ethics and code of their good practice to the winds for monetary gains and nobody seems to be welding the big stick at the erring media outlets.
“All sorts of false information with defamatory connotations are flying about all in the name of either making money or the stake and interest of the respective owners of some of these media outlets in the government.
“Some of the owners of the media outlets with government patronage have erred, believing that they can always get away with it,” he said.
On the way out, he urged the courts to punish offending media organisations with heavy damages where cases of defamation are proven.
He also said the National Assembly should pass laws to strengthen these institutions and make them more independent, and apply more severe sanctions on erring media organisations.
Not checking these hate messages, he said, could further heat up the polity and “could affect the peace and stability of the nation during this electioneering period”.
