THE CODE AS THE GUIDING PRINCIPLE FOR POLITICAL BROADCAST

Presented at the Sensitization forum towards Edo state Governorship election held 16th April, 2024 at
Benin City Edo State Nigeria.

By Dr Chibuike V Ogwumike, Director Investigation and Enforcement NBC.

Introduction: The role of the broadcast media towards a free, fair and credible election cannot be
overemphasised. Being aware that the keynote speaker and other speakers has adamantly established
the important role the media play in modern day democracies, however must emphasise that the
broadest media not only educate, inform and entertain the public through their news, features and
analysis in documentaries, current affairs, public service announcements (PSA) magazine programs
advertisements/commercials etc but plays a critical role in facilitating social change and shaping public
opinion and attitude. The media agenda setting function influences debate, thinkings and priorities
within society. The broadcast media through its reporting can put a spotlight on critical developments
that impact negatively and positively on the society. The watch dog role of the media is perhaps one of
the most important functions of the media in modern day democracies. This role enables the media to
monitor the performance and conduct of government and ensures that they adhere to the promises and
expectations of the people. This role most often is a source of conflict between the media, the state and
its institutions. It is self evident that the media performs its functions based on the guiding media
principles of fairness, accuracy, diversity and balanced representation. However the ability and efficiency
to navigate there roles depends largely on political and legal environment of any country.

The code as the guiding principle for political broadcast.

To enable us do justice to this topic let’s first of all look at the keywords and create a working definition
for them:

(1) Code: According to the Nigerian Broadcasting Code (6th Edition) “The Code represents the minimum
standard for broadcasting in the Federal Republic of Nigeria. It shall be applied in the spirit as well as in
the letter in accordance with the professional ideals of broadcasting”. Ethical code are adopted by
organizations to assist members in understanding the difference between right and wrong and in
applying that understanding to their decision. In the case if Nigeria the Nigerian Broadcasting Code
serves as the code of conduct for broadcasting practice. The National Broadcasting Commission is vested
with the power to establish and disseminate the code as generally contained in Section 2(1) of the NBC.
The Nigerian Broadcasting Code (6th edition) further establishes that the code contains the universal
standard of Broadcasting with specific application to Nigeria. The purpose is to guide the broadcaster to
apply the provisions of the code and to assist the public to uphold them as the benchmark for their
“right to quality broadcasting”.

The code is guided by the ideals of transparency consistent with the best served delivery principles.
Furthermore, the code contains regulations for easy interpretation by the broadcasters and the public.
The regulations shall be reviewed from time to time in response to changes and evolving trends in the
broadcasting industry. The code requires the broadcaster to always consider what is beneficial to the
audience in terms of cultural, moral, economic, social and political values of the Nigerian society. The
code recognizes that broadcasting and freedom of expression are intrinsically linked. However the
broadcaster shall exercise as much freedom as possible programming without breaching societal values.

Lastly the code is the professional standard for the day to day operation of the broadcasting industry in
Nigeria.

(2). Principle: This is a fundamental truth or proposition that serves as a foundation for a system of belief
or behavior or for a chain of reasons.

(3). Political broadcast: A political broadcast which presents the ideas and programs of a political party
and their candidates.

On this note that the Guardian (2020)describe political broadcast as strictly rationed and election
campaigns that take place within tightly defined windows. In line with the provisions of the Electoral Act,
the Nigeria Broadcasting Code sets standards for political Broadcast in Nigeria. This is due to the peculiar
nature of politics which necessitates the need to pay special attention to political broadcasts.

THE NIGERIA BROADCASTING CODE AND POLITICAL BROADCASTS

Section 5.3.1 of the Nigeria Broadcasting Code provides that “A political programme shall observe the
provisions of the code and other existent laws relating to broadcasting”.

Other provisions of the Nigeria Broadcasting Code relating to News and Current affairs are as follows.

5.3.2 A political broadcast shall be the production of a broadcaster except advertisements, promos and
collaborative productions supervised by relevant statutory organisations such as INEC, APCRON etc.

5.3.3 (a) The broadcaster shall carry out its civic responsibility of broadcasting all aspects of political
enlightenment.

(b) In using political materials for news and current affairs programmes, avoid hate speech, defamatory,
derogatory and divisive remarks or allusions.

(c) In adherence to the principles of pluralism, accord equitable airtime to all political parties or views
with particular regard to the duration and belt during political campaign periods.

(d) Regularly announces that every political party is entitled to equitable airtime during political
campaign periods.

(e) Ensure that every political broadcast is in decent language.

(f)Ensure that a partisan political broadcast is one in which the political party is allowed to explain its
manifesto and programmes.

(g) Ensure that a political broadcast is clearly identified as such and not presented in another world
misled the audience to believe that the programme of any other type

(h) keep a log book at campaign periods showing the allocation of news and news related programmes
and commercial airtime to each party. The log book shall be incorporated dates titles and other
information as required by the commission in compliance with the fairness doctrine of journalism.

(i) Ensure that a partisan political broadcast is recorded off transmission and preserved for at least 150
days after broadcast.

(j) Ensure that the broadcast of a particular campaign, jingles, announcement and other form of partisan
party identification or symbol and not later than twenty four (24) hours before polling day.

(k) Not use any vote obtained at a polling station or from an exit poll to project or speculate on the
chances of a candidate.

(l)Relay election result or declaration of the winner only as announced by the authorised electoral officer
for the election.

(m) Set up a standing electoral complaints committee to resolve all disputes within 24 hours of receipt of
the complaint.

(n) Forward the committee’s report in section 5.3.3(m) to the commission within 48 hours.

(o) The broadcaster shall implement the appropriate decision including the grant of a “Right to reply or
demand for an apology within24 hours and at the same level of prominence.

(p) Not commercialise political news.

(q) Not broadcast political jingles exceeding 60 seconds.

5.3.4: In exceptional circumstances a government functioning may perform a service relating to his
office, within 24 hours campaign restriction period, provided there is no colouration of partisanship by
the official or the broadcaster.

5.3.5: While a broadcaster may interact with politicians in the course of professional duties this shall not
lead a reasonable person to believe the broadcaster is either a member or sympathiser of any political
party

5.3.6: The broadcaster shall ensure that in programmes requiring the representation of political parties
or affiliations, the panelist’s shall be of comparable status or relevance
7.7.1 The broadcaster shall ensure that a political advertisement

(a) Is guided by the extent Electoral Law(s), the code and other relevant regulations.

(b) Clearly identifies the advertiser.

(c) In any form does not exploit ethnic, religious, or sectional interest.

(d) Does not use minors.

7.7.2: The broadcaster shall be free to sell airtime for the purpose of political campaigns the:

(a) Messages shall be in form of spot announcement or jingles not exceeding 60 seconds.

(b) No broadcaster shall be involved in the production of such announcements or jingles

(c) No voice of any on air staff of any broadcast station shall be used in political jingles.

(d) Jingles and messages shall confirm to the standard of truth, decency, good taste and morality.

7.7.3: The broadcaster shall not deny any person, party or group a right of broadcast of a political
advertisement.

7.7.4: The broadcaster shall ensure that no advertisement is accepted via partisan political programme.

7.7.5: The broadcaster shall not permit any political campaign or advertisement on its facility 24 hours
preceding polling day or in polling day.

7.7.6: The broadcaster shall give equal access to all registered political parties or candidates on their
facilities.

7.7.7: The broadcaster shall allot equitable airtime to all parties surging prime time and at similar hours
each day, subject to the payment of appropriate fees.

7.7.8: The broadcaster shall ensure equitable coverage of all political parties.

7.7.9: The broadcaster shall not favour any political party or candidate at any election.
7.7.10: The broadcaster shall authenticate a purported withdrawal of a candidate in an election and
ensure that the affected candidate personally endorsed such claim.

7.7.11: The broadcaster shall ensure that political advertisements, jingles, campaigns do not contain hate
messages or speakers.

7.7.12: The period of campaign through any broadcast media in any election by every political party shall
commence 150 days before polling and end 24 hours prior to that day.

7.7.13: The broadcaster that contravenes any of the provisions of section 7.7.1 to 7.7.12 above, shall be
liable, in the first instance to a penalty as provided by the Electoral Act.

7.7.14: Any subsequent breech of the provision of 7.7.1 or 7.7.14 shall be liable to a severe penalty.

8.2.3 Broadcaster shall ensure that religion or politics does not form a subject of an infomercial.

BROADCASTERS AND POLITICAL ENVIRONMENT:

In discussing free, fair and credible election and the role of the mass media, we must also shift attention
to the media practitioners themselves and the prevailing political environment in Nigeria. The political
environment in Nigeria is most often hostile to the media men. It is therefore important that the
government and the political actors a conducive enabling environment for good journalism practice to
thrive. I therefore wish to recommend the following.

— The Broadcasters must be safe while performing their job.

— The Broadcasters must be protected from threat

—The Broadcasters must be able to speak with every candidate regardless of political affiliation, gender,
religion or ethnicity.

— The political actors should avoid using their media outfits for their own selfish political agenda

— The politicians should avoid abusing and threatening broadcasters.

— The politicians should avoid libellous, slanderous and defamation statements while on broadcasting
platforms.

— The politicians should avoid using the broadcast media to convey hate speech.
— The politician should also respect the laws and guidelines of broadcasting in Nigeria.

CONCLUSION: Having examined the code as the guiding principle for political broadcast, I wish to
recommend that certain issues must be addressed for the media to perform optimally during the Edo
Governorship election.

— Further training of the broadcasters.

— Good understanding of the 2022 Electoral Act, NBC Act, Nigeria Broadcasting Code and other extant
laws in Broadcasting and Elections.

— Avoid unnecessary interference by politicians, government functionaries and institutions on the

operation of the broadcast station

— The need for the broadcasters to remain professional in discharge of their duties.