The Trusted Advisors Legal Digest: The impact of NFVCB’S censorship policies on the Nigerian film industry

1.0 INTRODUCTION

The Nigerian film industry, popularly known as Nollywood, is one of the largest and most influential film industries in the world. With its vast production of movies, Nollywood has become a significant cultural force in Nigeria and beyond. However, the industry operates under the regulatory oversight of the National Film and Video Censors Board (NFVCB), which is responsible for ensuring that films adhere to the country’s moral, cultural, and legal standards. The censorship policies enforced by the NFVCB have had a profound impact on the development and evolution of the Nigerian film industry. It is against this background that this piece aims at examining the significance of NFVCB in the Nigerian film industry as well as its regulatory functions viz -a-viz policies and decision making.

2.0 LEGAL AND REGULATORY FRAMEWORK

The Legislations governing the film industry includes but is not limited to:

1. The 1999 Constitution
2. The National Film and Video censors Board Act
3. The National Film and Video Censors Board Regulation, 2008
4. Copyright Act, 2022
5. The Companies and Allied Maters Act, 2020
6. The Finance Act, 2023
7. The Nigerian Investment Promotion Commission Act
8. The various States and Local Government film Laws and Regulations, etc.

The Nigerian Film Industry is regulated by various agencies including but not limited to:

1. The National Film and Video Censors Board (NFVCB)
2. The Federal and States Ministries of Information and Culture
3. The Nigerian Communications Commission (NCC)
4. The Corporate Affairs Commission (CAC)
5. The Nigerian Investment Promotion Commission (NIPC)
6. The Nigerian Copyright Commission, etc

Of all the above listed agencies, the National Film and Video Censors Board (NFVCB) stands out as the primary regulator of the film industry having been established pursuant to the NFVCB Act.

3.0 ROLES AND FUNCTIONS OF THE NFVCB

As the foremost regulator of the film industry in Nigeria, the NFVCB plays a lot of roles and functions including issuance of licenses. The NFVCB was established by the Nigerian government pursuant to its establishment Act with the primary role of the regulating and censoring films and videos intended for public exhibition, distribution, and sale in Nigeria. The board evaluates films based on their content, language, themes, and overall suitability for various audiences, ensuring that they align with Nigeria’s cultural values and legal standards.

The functions of the board which are statutory includes:

a. Issuance of licenses to:

• Persons to exhibit films and video works
• Premises for the purpose of exhibiting films and video works

b. Censorship of films and video works

c. Regulation and prescription of safety precautions to be observed in licensed premises

d. Regulation and control of cinematographic exhibitions

4.0 NFVCB’S LICENSING MODALITIES UNDER THE ACT

As mentioned earlier, one of the functions of the NFVCB is to issue licenses as well as censor films in Nigeria. Under the NFVCB Act, no person shall exhibit a film or video unless he has been issued a licence in that regard by the NFVCB. Also. No premises shall be used for video or film exhibition in Nigeria unless in accordance with the license granted in respect of same. For a premises to be so licensed, there must be:

• Provision of a means of escape in case of fire with such means of escape being maintained in good condition and free from obstruction
• Provision of adequate fire extinguishing means having regard to the number of inflammable materials in the premises
• Proper arrangement of furniture and apparatus in the premises to aid free egress to persons in the event of fire
• Provision of non-inflammable or fire-resisting materials having regards to the fittings in the premises
• Provisions of fittings in the store room which are as far as practicable of non-inflammable or fire-resisting materials
• Provisions of full instructions on actions to take in the event of fire and full directions as to the means of escape from the premises

Issuance of licenses to use a premises for film or video exhibition shall be by application accompanied by;

1. Such information, document and other materials as the Board may from time to time, prescribe.
2. A certificate issued by the Federal or State Fire Service stating that the premises conforms with necessary safety regulations.

The Board may upon satisfaction of the following conditions issue a license to the applicant:

1. That the application has been made and contains all required information and document.
2. The premises are constructed and equipped to approved prescribed standards.
3. That the applicant is capable of complying with such conditions as may be imposed by the Board.
4. That the prescribed fees have been paid.
5. That the applicant is a fit and proper person to grant a license.

5.0 NFVCB’S CENSORSHIP MODALITIES UNDER THE ACT

Generally, no person shall exhibit, cause or allow to be exhibited a film unless a censorship certificate has been issued by the Board for such provision. Any person who causes a film to be exhibited without having obtained a censorship certificate from the Board shall be liable to payment of fine or imprisonment for a term of one year.

However, it is imperative to mention that censorship certificates may not be required to exhibit films:

1. For exhibition in premises to which the public is not admitted
2. Where an application for exemption from censorship has been submitted to and approved by the Board
3. Imported, produced or issued by or on the direction of:

• The Federal or State Government
• The diplomatic representative of a commonwealth or foreign country
• The United Nations Organizations or any of its organs or other regional or global organizations, and
• An educational, scientific, or cultural body or society including any broadcasting and television organization

For the purpose of censorship, there is established a Film Censors Committee (FCC) in each operational zones in Nigeria who is responsible for examining the content of a film submitted to the Board and intended for public exhibition. The FCC may approve a film unconditionally or approve subject to fulfilment of certain conditions as they may impose from time to time.

It is imperative to state that FCC shall not approve a film where the film is:

a. Indecent, obscene or likely to be injurious to morality

b. Likely to incite or encourage public disorder or crime; or

c. Undesirable in the public interest

Additionally, the FCC shall in reaching a decision ensure that the film is not likely to:

• Undermine national security
• Induce or reinforce the corruption of private or public morality
• Encourage or glorify the use of violence
• Expose the people of African heritage to ridicule or contempt
• Encourage illegal or criminal acts
• Encourage racial, religious or ethnic discrimination or conflict
• By its content be blasphemous or obscene

6.0 POSITIVE IMPACTS OF NFVCB’S CENSORSHIP POLICIES

Amidst the arrays of licensing and censorship requirements under the NFVCB Act, the NFVCB has lived to its mandate of regulating censorship and public exhibition of films, video works and matters connected thereto. Below are a few areas in which the NFVCB has positively impacted Nigerian film industry:

1. Preservation of Cultural Values: The NFVCB plays a crucial role in preserving Nigeria’s cultural and moral values by censoring content that is deemed inappropriate or offensive. This has helped maintain a level of cultural sensitivity and respect in films, ensuring that they reflect and promote positive societal norms.
2. Protection of Minors: One of the key objectives of the NFVCB is to protect minors from exposure to harmful or inappropriate content. By categorizing films based on age suitability and enforcing restrictions on explicit content, the NFVCB ensures that children and young audiences are not exposed to materials that could negatively influence their development.
3. Promotion of National Unity: The NFVCB’s policies encourage filmmakers to produce content that fosters national unity and discourages divisive themes, such as ethnic or religious conflict. This has contributed to the creation of films that promote peace, understanding, and social cohesion in Nigeria’s diverse society.

7.0 CHALLENGES AND CRITICISMS OF NFVCB’S CENSORSHIP POLICIES

As lofty as the objectives behind creating the NFVCB are as well as its positive contributions to the Nigeria film industry, it is not without its shortcomings. Some of these shortcomings are examined below:

• Creative Limitations: Many filmmakers and critics argue that the NFVCB’s censorship policies stifle creativity and artistic expression. The stringent guidelines and the board’s conservative approach to certain themes, such as sexuality, politics, and religion, have led to the alteration or outright banning of films. This limits the ability of filmmakers to explore complex or controversial topics, ultimately affecting the diversity and depth of storytelling in the industry.
• Delays in Film Release: The bureaucratic process of obtaining approval from the NFVCB can lead to significant delays in the release of films. Filmmakers are required to submit their works for review, and the process of editing and resubmitting films to meet the board’s standards can be time-consuming. These delays can have financial implications for producers and distributors, particularly in a fast-paced industry like Nollywood.
• Economic Impact: The censorship of films has economic repercussions for the Nigerian film industry. Films that are banned or heavily censored may lose their appeal to audiences, resulting in lower box office returns and reduced revenue for filmmakers. Additionally, the perception of over-censorship may deter international collaborations and limit the global reach of Nigerian films.
• Inconsistent Standards: There have been instances where the NFVCB’s decisions have been criticized for inconsistency. Some filmmakers and industry stakeholders feel that the board’s standards are not always uniformly applied, leading to confusion and frustration. This inconsistency can create uncertainty for filmmakers who may not know what to expect when submitting their work for review.

8.0 CONCLUSION

The NFVCB’s censorship policies have a significant impact on the Nigerian film industry, both positively and negatively. While the board’s efforts to preserve cultural values and protect audiences are commendable, the restrictions imposed by its policies can also stifle creativity and limit the industry’s growth. For Nollywood to continue flourishing, there needs to be a balance between regulation and creative freedom. A more flexible and consistent approach to censorship could help Nigerian filmmakers explore a wider range of themes and stories, ultimately enriching the industry and its global appeal.