Court Bars NBC from Sanctioning Broadcasters Over Opinions in Landmark Ruling
The Federal High Court in Lagos has issued an interim order restraining the National Broadcasting Commission (NBC) from penalising broadcast stations and presenters over the expression of personal opinions.
Justice Daniel Osiagor granted the injunction following an ex parte application filed by the and the, who are challenging certain provisions of the Nigeria Broadcasting Code.
The court directed the NBC, its officials, and representatives to refrain from imposing fines, sanctions, or any punitive measures on broadcasters based on the contested sections of the Code, pending the determination of the substantive suit.
The lawsuit arose from concerns by SERAP and NGE that the NBC was attempting to enforce rules that could punish media practitioners for expressing opinions, allegedly presenting opinions as facts, or failing to maintain neutrality during broadcasts.
Through their counsel, Adeyinka Olumide-Fusika (SAN), the groups argued that such provisions are inconsistent with Section 39 of the Nigerian Constitution, which guarantees freedom of expression, including the right to share ideas, opinions, and information without interference.
In a joint reaction, SERAP and NGE described the ruling as a major step toward protecting media freedom and upholding constitutional rights. They maintained that journalism inherently involves analysis and commentary, and that restricting such expression would undermine democratic discourse.
The organisations also argued that the provisions in question are vague and overly broad, giving regulators excessive discretion that could lead to censorship and abuse of power. They warned that allowing such rules to stand could have serious implications for press freedom, especially as the country approaches the 2027 general elections.
The case has been adjourned until June 1, 2026, for further hearing.
SERAP and NGE reiterated their commitment to pursuing a final judgment that would nullify the disputed provisions of the Broadcasting Code. They also called on the NBC to comply with the court order and review its regulatory framework to ensure alignment with constitutional and international human rights standards.
The groups stressed that freedom of expression remains a fundamental right and urged authorities to create an enabling environment for journalists and media organisations to operate without fear of intimidation or undue restriction.
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