AN APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK FOR BROADCASTING INDUSTRY IN NIGERIA: A CASE STUDY OF NATIONAL BROADCASTING COMMISSION (NBC)

CHAPTER ONE

GENERAL INTRODUCTION

1.1        Background of Studies

Communication plays critical roles in our society, ever since the invention of language, man has evolved socially, politically and technologically in leap and bounds. It is convincible that the society would not achieved sustainable development without communication, as human society development and become so complex so do nature and role of communication.

It become apparent that the society was not a monolithic but a conglomeration of conflicting interest and concerns, on the one hand you have the ruling class on the other hand you the rest of the society which was subdivided into smaller group.

Mass media is the channel of communication which is divided into two, the broadcasting organisations and the press but dissertation would focused on broadcasting organisations.

Broadcast is to disseminate information through mechanical means, simultaneously to a wide area and heterogenous audience made up individual within and outside a society.¹

Broadcast law is the field of law that pertains to broadcasting. These laws and regulations pertain to radio stations, Television stations and are also considered to include closely related services like cable TV, cable radio as well as satellite radio and satellite TV.

National Broadcasting Commission was established to regulate Broadcasting Industry which pave way for private entrepreneur to express ideas and experiences that will enrich his life and help him live in a complex dynamic life.

The legal instrument, the Decree² that established the National Broadcasting Commission has provides for its functions and the National Broadcasting Commission Act takes cognizance of the development in the industry regarding technology operators and attempts to regulate the industry to meet the socioeconomic, political, technological and operational dictates of the society.

It is probably not contentious to say that one of the most highly valued of the fundamental liberties guaranteed to members of a free and democratic society is the freedom of expression. The liberty to comment freely and publicly on matters of common concern is in alienable right of membership of a free society. The liberty of discussion is the right to make critical observations and useful suggestions without at the same time subverting the continued existence of the governing authority. ³ The right to make comment has as its correlative, a duty not to subvert where the consequence of a comment is an incitement to change the government and the means advocated for it must adhere to the legitimate methods prescribed by the society itself.

The liberty of discussion is guaranteed within these limits in the interest of the state and the citizen. This is why the constitution of the federation provides that everyone is entitled to freedom of expression, including freedom to hold opinion and to receive and impact ideas and information without interference. Every citizen has an inherent right to give every public matter a candid, full and free discussion. While the constitution guarantees free speech it also insist that the freedom should not be exercised against the interest of the society which has granted it.

The desire to censor or limit information is universal urged that‟s hard to condone as it is impossible to eliminate, but it is not only government who practice it, there are other monopolies exercise by powerful individuals, groups, religious organisation and by commercial interest often for selfish reason, as we all known control over Broadcasting means control over the society and intellectual freedom of man.

Broadcast industry in Nigeria albeit an offspring of its environment has always struggled to assert its independence. If an efficient modern broadcasting is to thrive in Nigeria then such a practice must be viewed against the back ground of Nigerian, historical social and political realities.