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Repositioning Broadcasting Regulation for Emerging Digital Platforms

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By Ahmed Abdulkadir

Nigeria’s broadcasting environment is undergoing a period of significant transition. Advances in technology, convergence of media platforms, and the rapid growth of internet-based broadcasting services have fundamentally altered how broadcast content is created, distributed, and consumed.

As the National Broadcasting Commission (NBC) undertakes periodic reviews of the NBC Code to ensure its continued relevance, it has become increasingly important to examine how emerging digital and online broadcast platforms fit within the existing regulatory framework.

The NBC Code has historically provided a robust framework for regulating radio and television broadcasting in the public interest. However, the rise of online television stations, internet radio, podcasts, live-streaming channels, and social-media-based broadcasters has introduced new forms of broadcasting that now perform functions similar to those of licensed broadcasters.

Many of these platforms curate programmes, conduct live interviews, disseminate political and commercial messages, and reach mass audiences in real time. In substance, their operations increasingly align with the core characteristics of broadcasting as contemplated by the NBC Act and Code, even where the mode of transmission differs.

This development raises legitimate questions about regulatory equivalence, fairness, and consistency across the broadcasting ecosystem.

One of the key objectives of broadcasting regulation is to ensure a level playing field among operators while safeguarding the public interest. Licensed broadcasters operate under clearly defined obligations relating to content standards, political broadcasting, advertising, and the protection of children and vulnerable audiences.

Where functionally similar online broadcast services operate outside these obligations, regulatory imbalance arises. This situation neither serves the interests of compliant broadcasters nor adequately protects audiences.

As part of the ongoing Code Review, there is therefore a strong case for clarifying the status of online broadcasting services and articulating minimum standards applicable to such platforms.

The NBC Code places significant emphasis on fairness, balance, and responsibility in political broadcasting, particularly during election periods. These principles remain central to democratic stability and public confidence.

However, political content disseminated through online broadcast platforms is often not subject to comparable standards of disclosure, balance, or accountability. Given the growing influence of digital broadcasting on political engagement, it is timely to consider how existing political broadcast provisions may be adapted or extended to online platforms in a manner consistent with constitutional guarantees.

Such alignment would enhance transparency while reinforcing the public interest objectives of the Code.

Advertising and sponsorship provisions in the NBC Code are designed to protect audiences from misleading, harmful, or inappropriate content. In the digital space, advertising is increasingly blended with editorial content, influencer endorsements, and sponsored programming, often without clear disclosure.

As part of the Code Review process, there is an opportunity to clarify standards for digital advertising and sponsorship, particularly in areas affecting children, consumer protection, and high-risk products.

Similarly, traditional watershed and classification principles may require adaptation to reflect the on-demand and continuous nature of online broadcasting.

Live streaming and real-time broadcasting present distinct regulatory challenges due to their immediacy and scale. In addition, emerging technologies such as artificial intelligence, synthetic media, and voice cloning are reshaping content production in ways not previously envisaged.

Rather than introducing entirely new regulatory regimes, the Code Review process offers a platform to update definitions, introduce disclosure requirements, and articulate ethical guidance that reflects these technological developments.

Broadcasting regulation has always evolved alongside technological change. Previous revisions of the NBC Code successfully accommodated private broadcasting, satellite transmission, and digital migration through stakeholder engagement and phased implementation.

A similar approach—consultative, adaptive, and proportionate—can ensure that online and digital broadcasting services are integrated into the regulatory framework without stifling innovation or legitimate expression.

The current NBC Code Review provides an important opportunity to reaffirm core broadcasting principles—fairness, responsibility, professionalism, and public interest—while clarifying their application in a converged media environment.

Aligning the regulatory treatment of traditional and online broadcasting will strengthen confidence in the regulatory system, promote consistency, and ensure that broadcasting regulation remains relevant in the digital age.

The task before the Commission is not to reinvent regulation, but to refine and extend existing principles to reflect contemporary broadcasting realities.

Disclosure:

Ahmed Abdulkadir is a veteran broadcaster, online newspaper publisher, and a retired Director of the National Broadcasting Commission (NBC). The views expressed are personal and do not represent the official position of the NBC.

 

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