Explainer: What is this gag order SERAP wants Buhari to withdraw?

Socio-Economic Rights and Accountability Project (SERAP), a prominent human rights organisation has asked President Muhammadu Buhari to withdraw his ‘gag order’ to all broadcast stations within 24 hours, or it would take all legal actions in the interest of Nigerians.

The ‘gag order’ being referred to is the directive by the National Broadcasting Commission (NBC) banning all radio and TV stations in the country from reporting details of attacks by terrorists, bandits, as well as other criminals and their victims.

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In a letter dated July 7 and signed by Francisca Aiyetan, director of broadcast monitoring, the NBC directed radio and television stations not to “glamourise the nefarious activities of insurgents, bandits and kidnappers ” particularly during daily newspaper reviews, and other programmes.

The letter was titled ‘Newspaper Reviews And Current Affairs Programmes: A Need For Caution’, and was signed on behalf of Balarabe Ilelah, director-general of NBC.

It is the tradition of most broadcast stations in Nigeria to review newspaper headlines every morning, but NBC decried that most headlines of most newspapers are replete with security topics.

The order, therefore, bans broadcast stations from giving details of either the security issues or victims of these security challenges so as not to “jeopardise the efforts of the Nigerian soldiers and other security agents.”

Broadcast stations are to also ensure that their guests and/or analysts on programmes do not polarise the citizenry with divisive rhetoric, in driving home their point; in order words, they must ensure that comments by their guests don’t threaten the unity of Nigeria.

Broadcast stations who violate this order are liable to sanctions such as fines as the order reminded stations of the provisions of Sections 5.4.1(f) and 5.4.3 of the NBC Codes that states: “The broadcaster shall not transmit divisive materials that may threaten or compromise the indivisibility and indissolubility of Nigeria as a sovereign state” and “in reporting conflict situations, the broadcaster shall perform the role of a peace agent by adhering to the principle of responsibility, accuracy and neutrality.”

NBC argued that revealing too many details while reporting insecurity in Nigeria may have an adverse impact on the efforts of security agencies in tackling the challenges.

The Commission explained that some of the topics discussed have ethnological coating thereby, pitching one section of the country against the other and leaving Nigerians in daily hysteria.

It said all broadcast stations must exercise caution while bringing information on security to the doorsteps of Nigerians.

But, SERAP insisted that reporting on the growing violence and killings in many parts of the country is a matter of public interest.

In a letter dated 17 July, signed by its deputy director Kolawole Oluwadare SERAP expressed grave concern that the contents of the NBC directive would impermissibly restrict the rights to freedom of expression, information, and victims’ right to justice and effective remedies that are central to public debate and accountability in a democratic society.

The rights group explained that the contents of the directive are entirely inconsistent and incompatible with Nigeria’s obligations under article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights.

It also expressed concerns that the vague and overbroad definitions of ‘too many details’, ‘glamourizing’, ‘divisive rhetoric’, and ‘security issues’ gives room for abuse and arbitrary application, as it could allow the NBC to unduly interfere with the rights to freedom of expression and information.

SERAP, therefore, urged President Muhammadu Buhari to urgently instruct Lai Mohammed, minister of Information and Culture, and the National Broadcasting Commission (NBC) to withdraw the directive.

The action by SERAP comes amid concerns of shrinking civic space, the suspension of Twitter in Nigeria, and the attempts by your government to push for the amendment of some media laws.

They are the Nigerian Broadcasting Commission (NBC) Act and the Nigerian Press Council (NPC) Act amendment bills. While the former sought lawmakers’ cooperation to include all online media, among media organisations to be regulated, the latter gives the president the right to appoint the chairman of the board of the Nigerian Press Council (NPC), among others.

Last week, Nigerian media launched a campaign against the Buhari government’s brazen attempt to regulate social media and censor the press through these controversial media bills at the National Assembly.