Opinion: Amending the Nigeria Broadcasting Code: A Legal Analysis, By Justin Ige
The wide apprehension that the amended Code has caused is unnecessarily exaggerated from a legal standpoint. The Broadcasting Code is law, but it is not law in a vacuum. It exists within a larger legal context and will bow to superior legislation, particularly the Constitution of the Federal Republic of Nigeria and the Copyright Act.
I do not agree that the amended Code is legally able to cause the consequences feared. The wide apprehension that the amended Code has caused is unnecessarily exaggerated from a legal standpoint. The Broadcasting Code is law, but it is not law in a vacuum. It exists within a larger legal context and will bow to superior legislation, particularly the Constitution of the Federal Republic of Nigeria and the Copyright Act.
It may be too much or outright unreasonable in some instances to expect media to fund audiovisual productions of sporting events, particularly the English Premier League . Granted, any one broadcaster with exclusive rights to the EPL has with this singular right positioned itself to give others no real chance to compete. Nigerians simply love the EPL.
Broadcasters in Nigeria have historically used the excuse, “we don’t know what collecting society or Collective Management Organisation to pay music royalties to” to avoid paying royalties for music that they exploit so severely in their broadcasts. The amendment now rids the creative industries of this decades-long unholy hiding place.
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