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ECOWAS Court Declares Nigerian Broadcasting Code Violates Freedom of Expression

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ECOWAS Court Declares Nigerian Broadcasting Code Violates Freedom of Expression

By Gyado T Emmanuel

ECOWAS Court Declares Nigerian…..

A landmark judgment, the Court of the Economic Community of West African States (ECOWAS) sitting in Abuja has ruled that the Nigerian Broadcasting Code, utilized by the National Broadcasting Commission (NBC) to levy sanctions and fines on broadcast stations, violates freedom of expression. The decision, delivered on October 23, underscores concerns about the regulatory framework’s impact on media freedom and aligning national legislation with international obligations.

The ruling emanated from a lawsuit filed by the non-governmental organization Expression Now Human Rights Initiative against the Federal Republic of Nigeria. The ECOWAS court, in its judgment, asserted that the Nigerian government had not fulfilled its duty to harmonize domestic legislation with international obligations, particularly in the realm of freedom of expression.

The Nigerian Broadcasting Code has been a subject of contention, with concerns raised about its potential to stifle free speech and impose arbitrary sanctions on broadcast stations. The ECOWAS court’s declaration emphasizes the importance of upholding freedom of expression as a fundamental human right and calls attention to the need for a regulatory framework that aligns with international standards.

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The court’s decision highlights the principle that domestic legislation should not infringe on fundamental rights and freedoms guaranteed by international agreements. In this context, the ruling serves as a reminder of the importance of maintaining a balance between regulatory measures and the protection of human rights, especially in the context of media and communication.

The ECOWAS court’s critique of the Nigerian government’s failure to align its legislation with international obligations underscores the significance of adherence to global human rights standards. The ruling also signals the potential need for a review and reform of the regulatory framework governing broadcasting in Nigeria to ensure it aligns with both domestic and international human rights principles.

As stakeholders assess the implications of this judgment, there may be discussions on the broader implications for media freedom and freedom of expression in Nigeria. The ruling may prompt a reevaluation of the regulatory approach, with a view to fostering an environment that encourages free and responsible journalism while upholding the principles of international human rights.

 

ECOWAS Court Declares Nigerian…..

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