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NATIONAL BROADCASTING COMMISSION ACT
[NOTE: This Act has been amended by National Broadcasting Commission (Amendment) Act No. 55 of 1999]
Arrangement of Sections
|1.||Establishment of the National Broadcasting Commission.||2.||Powers of the Commission||3.||Composition of the commission|
|4.||Tenure of office, etc.||5.||Director General and other staff of the commission||6.||Power of the Minister to give directions|
|7.||Conditions of service||8.||Service in the Commission to be pensionable,||9.||Power of the Commission to grant licences|
|10.||Persons disqualified from the grant of a licence.||11.||Method of application for a licence.||12.||Terms and conditions for a licence|
|13.||Power of the commission with respect to licences.||14.||Fund of the Commission||15.||Expenditure of the commission|
|16.||Power to accept gifts||17.||Borrowing power||18.||Annual estimates, accounts and audit|
|Repeal of certain sections of certain enactments||23.||Interpretation||24.||Citation|
National Broadcasting Commission Decree
[COMMENCEMENT 24th August 1992]
The Federal Military Government hereby decrees as follows:-
(a) advising the Federal Military Government generally on the implementation of the National Mass Communication Policy with particular reference to broadcasting;
(b) receiving, processing and considering applications for the ownership of radio and television stations including cable television services direct sate life broad cast and any other medium of broadcasting;
(c) recommending applications through the Minister to the President, Commander in Chief of the Armed forces for the grant of radio and television licences;
(d) regulating and controlling the broadcast industry;
(e) undertaking research and development in the broadcast industry;
(f) receiving, considering and investigating complaints from individuals and bodies corporate or incorporate regarding the contents of a broadcast 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 regard to the contents and quality of materials for broadcast;
(i) promoting Nigerian indigenous cultures, moral and community life through broadcasting;
(j) promoting authenticated radio and television audience measurements and penetration;
(k) initiating and harmonizing Government policies on trans-border direct transmission and reception in Nigeria;
(l) regulating ethical standards and technical excellence in public, private and commercial broadcast stations i Nigeria;
(m) monitoring broadcasting for harmful emission, interference and illegal broadcasting;
(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;
(o) approving the transmitter power, the location of stations, areas of coverage as well as regulate types of broadcast equipment to be used; and
(p) carrying out such other activities as are necessary or expedient for the full discharge of all or any of he functions conferred on it under of pursuant to this Decree.
(2) No person shall operate or use any apparatus or premises for he transmission of sound or vision by cable, television, radio, satellite or any other medium of broadcast from anywhere in Nigeria except under and in accordance with the provisions of this Decree.
(a) a Chairman;
(b) nine other members as may be appointed to represent the following interests, that is –
(iii) performing arts
(v) social science
(vii) public affairs, and
(c) the Director General of he Commission.
(2) The Chairman and other members of he commission shall be persons of proven integrity, experience and specialised knowledge in the broadcasting industry or who by reason of their professional or business attainment are in the opinion of he Minister capable of making useful contribution to the word of he Commission.
(3) The Chairman and other members of he Commission shall be appointed by he President, commander in Chief of he Armed Forces on the recommendation of e Minister.
(4) The Chairman and other members of the commission shall be part time members.
(5) The supplementary provisions contained in the first Schedule to this Decree shall have effect with respect to the proceedings of the commission and the other matters contained therein.
(2) The Chairman or a member of the commission may resign his appointment at any time by notice in writing under his hand addressed to the President, Commander in Chief of he Armed Forces.
(3) If a member of the commission dies or resigns or otherwise vacates his office before the expiration of the term for which he is appointed, a fit and proper person shall be appointed for the remainder of he term of office of the predecessor, so however that the successor shall represent the same interest and shall be appointed by the president, Commander in Chief of the Armed Forces.
(4) A member of the Commission may be removed from office by the President, Commander in Chief of the Armed Forces, if he is satisfied that it is not in the interest of the commission or the interest of the public that the member should continue in office.
(2) The Director General shall be appointed by the President, Commander in Chief of the Armed forces on the recommendation of the Minister.
(3) The Director General shall be a person with wide knowledge and experience in broadcasting.
(4) The Director General shall be responsible for the execution of the policies of the commission and its day to day administration.
(5) The Director General shall hold office in the first instance for a period of five years and shall be eligible for re appointment for such further periods as the President, commander in Chief of the Armed forces may, from time to time, determine.
(6) Subject to this section, the director General shall hold office on such terms as to emolument and otherwise as may be specified in his letter of appointment and as may, from time to tome, be approved by the President, Commander in Chief of the Armed forces.
(7) The Commission shall appoint a Secretary to the Commission who shall keep records, conduct correspondence of he commission and carry out and perform such other duties as the commission or the Director General may, from time to time, direct.
(8) The Commission may appoint such other employees to assist the Director General in the exercise of his functions under this Decree.
8.(1) Notwithstanding the provisions of the Pensions Act, service in the Commission shall be approved service for the purposes of that Act and accordingly, officers and other persons employed in the commission shall in respect of their service in the commission be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the civil service of the Federation, so however that nothing in this Decrees shall prevent the appointment of a person to any office on terms which preclude the grant of pensions and gratuity in respect of that office.
(2) For the purposes of the application of he provisions of the Pensions Act, any power exercisable there-under by a Minister or other authority of the Government of he Federation, other than the power to make regulations under section 23 thereof, is hereby vested in and shall be exercisable by the Commission and not by any other person or authority.
(a) is a body corporate registered under he companies and Allied Matters Act and whose majority shares are owned by citizens of Nigeria;
(b) can demonstrate to the satisfaction of he Commission that he is not applying on behalf of any foreign interest;
(c) can comply with the provisions of he second Schedule to the Transition to Civil rule (Political Parties Registration and Activities) Act;
(d) can comply with the objectives of the National Mass Communication policy as is applicable to the electronic media, that is, radio and television;
(e) can give an undertaking that he licensed station shall be used to promote national interest, unity and cohesion and that it shall not be used to offend the religious sensibilities or promote ethnicity, sectionalism, hatred and disaffection among he peoples of Nigeria.
(2) The grant of a licence by the Commission under this Decree shall be subject to availability of broadcast frequencies.
(3) Compliance with the requirements specified i subsection(1) of this section shall not entitle an applicant to the grant of a licence but the grant of a licence by the commission shall not be unreasonably withheld.
(4) In determining he grant of a licence the Commission shall consider the following, that is –
(a) the structure of share holding in the broadcasting organization;
(b) the number of share holding in other media establishments;
(c) the distribution of those stations and establishments as between urban, rural, commercial or other categorization.
(5) It shall be illegal for any person to have controlling shares in more than two television stations.
(a) a religious organization; or
(b) a political party.
(b) to approve the location of a station;
(c) to regulate the technical specifications of equipment and standard of transmission;
(d) to approve the call signal of a station;
(e) to approve the areas to be served by a station;
(f) to impose sanctions in accordance with paragraph 8 of the third Schedule to this Decree; and
(g) to prescribe an appropriate fee payable.
(2) The Commission shall have the power to enter into the premises of any station and inspect or examined any apparatus of operation in the station in order to ascertain their conformity with the provisions of this Decree.
(3) The Commission may exercise its power under this section of this Decree through its agents.
(2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section –
(a) such percentage of fees and levy to be charged by the commission on the annual income of licensed broadcasting stations;
(b) such moneys as may, from time to time, be lent or granted to the Commission by the Government of the Federation or of a State;
(c) all moneys raised for he purposes of the Commission by way of gifts, loans, grants in aid, testamentary disposition or otherwise,
(d) all other assets that may, from time to time, accrue to the commission;
(3) The fund shall be managed in accordance with rules made by the commissions and without prejudice to the generality of the power to make rules under this subsection, the rules shall in particular contain provisions –
(a) specifying the manner in which the assets or the fund of he Commission are to be held and regulating the making of payments into and out of the fund; and
(b) requiring the keeping of proper accounts and records for he purpose of the fund in such form as may be specified in the rules.
(a) the cost of administration of the Commission;
(b) the payments of salaries, fees and other remuneration, allowances pensions, and gratuities payable to members or employees of the commission.
(2) The commission shall cause to be kept proper accounts of the Commission in respect of each year and proper records in relation thereto and shall cause its accounts to be audited not less than 6 months after the end of each year by auditors appointed from the list and in accordance with the guidelines supplied by the auditor General of the Federation.
(2) The power under the Wireless Telegraphy Act and regulations made there-under in so far as they relate to broad casting shall, as from the commencement of the Decree, vest in the Commission without further assurance than by this Decree.
“Chairman” means the Chairman of the commission;
“Commission” means the National Broadcasting commission established by section 1 of this Decree;
“Member” means a member of the Commission and includes the Chairman;
“Minister” means the Minister charged with responsibility for information and Ministry shall be construed accordingly;
“Secretary” means the Secretary to the Commission;
“Station” means a place or organization established for the purpose of distribution of radio or television programmes to the public through wireless or cable means.
First Schedule: Proceedings of the Commission
1 The commission shall meet for the conduct of its business at such times as the chairman may determine.
2 The commission shall have power to regulate its proceedings and may make standing orders for that purpose and subject to any such standing orders and to paragraph 3 of this Schedule, may function notwithstanding –
(a) any vacancy in its membership or he absence of any member;
(b) any defect in the appointment of a member; or
(c) that a person not entitled to do so took part in its proceedings.
(2) Any member of the commission or of a committee thereof, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the commission or a committee, as the case may be, shall not vote on any question relating to such contract or arrangement.
(2) The fixing of the seal of the commission shall be authenticated g the signature of he Chairman or some other members authorised generally or specifically by the Commission to act for that purpose.
(3) Any document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
Form for application for a grant of licence.
(a) Certificate of Incorporation,
(b) Certified copy of Articles and Memorandum of Association,
(c) Project Study including engineering design of system,
(d) Evidence of the undertaking required under section 9(e) of he Decree.
Terms of a licence
(a) contain a schedule of proposed programmes over a given period of time e. g quarterly,
(b) a local programme content which shall not be less than 40% and
(c) a schedule shall be accompanied by a synopsis of each of the programme plans.
(a) where the prescribed fee has not been paid on the due date,
(b) where the licence has not been put to use within a period of one year after issuance,
(c) where it is found that the licence was obtained in breach of the provisions of section 13 of this Decree or where it is found that the provisions of he said section are not being compiled with, and
(d) where in the opinion of the Commission the station has been used in a manner detrimental to national interest or where a complaint from the public has been upheld after a public hearing instituted by the commission and whose decision is upheld by a majority of members of the Commission
Made at Abuja this 20th day of August 1992
General I. B. Babangida,
President, Commander-in-Chief of the Armed Forces
Federal Republic of Nigeria