Court declares NBC’s proposed code to prohibit exclusivity illegal

A Lagos court, sitting on Thursday, May 26 has declared National Broadcasting Commission (NBC) proposed code on ‘prohibiting exclusivity’ illegal, null and void.

The controversial amendment had been met with heavy criticism by filmmakers and influencers with emphasis on the interference of it distorting market growth and turning private enterprises into state property.

IrokoTV boss, Jason Njoku while speaking about the proposed code stated that the proposed code will only destroy PayTV in Nigeria if it is eventually implemented.

“Nigeria Broadcasting Commission (NBC) in making exclusivity illegal, compelling sub-licensing of content and regulating price, are effectively turning private enterprise in-state property. Interference distorts markets. If implemented, this 100% destroys PayTV in Nigeria.”

Filmmaker Femi Davies filed the lawsuit to overturn the code, claiming that it infringes on his intellectual property rights.

Davies stated that if the amendment is approved, it will stifle the growth of content-creation enterprises and impede true craftsmanship.

The NBC, on the other hand, claimed that the change was made to spur growth and safeguard ‘local operators, foster originality, and optimize local content through the anti-trust provision contained in the amendment.’

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