NBA, Activists Lampoon FG For Raising Hate Speech Fine To 5m

The Nigerian Bar Association, senior lawyers and human rights groups on Tuesday took a swipe at the Federal Government for raising the fine for hate speech from N500,000 to N5m.

The NBA and others, in their separate interviews, said the hike was an attempt to stifle the media and kill free speech through an unconstitutional means.

The Minister of Information and Culture, Alhaji Lai Mohammed, while unveiling the reviewed Nigeria Broadcasting Code earlier on Tuesday in Lagos, disclosed that the fine for hate speech had been increased to N5m.

Justifying the decision, Mohammed said, “We remain unperturbed, because we are acting in the national interest. The broadcasting code is not a static document. As we often say, broadcasting is dynamic. Therefore, even the sixth edition of the code shall be reviewed at the appropriate time.”

He stated that the new code included,“the provision raising the fine for hate speech from N500,000 to N5m.”

Mohammed said the amendments were necessitated by a presidential directive for an inquiry into the regulatory role of the National Broadcasting Commission and conduct of broadcast stations before, during and after the elections.

The minister said the recommendations were approved by the President, Major General Muhammadu Buhari (retd.), to reposition the NBC to perform its regulatory role better, mostly in the areas of political broadcasting, local content, coverage of emergencies, advertising, and anti-competitive behaviour.

He noted that the reviewed code also had provisions on exclusivity and monopoly, prohibiting exclusive use of rights by broadcasters who intended to create monopoly

The minister said this would boost local content and encourage open access to premium content.

He explained that sub-licensing and rights sharing created opportunities for local operators to also gain traction and raise revenue for their services.

Mohammed also noted the law prohibiting backlog of advertising debts would promote sustainability for the station owners and producers of content.

. The government should be more concerned about how to improve the welfare of Nigerians, stop the senseless killings in the country and give the people some hope that they have a government that cares. It is the failure of these core responsibilities of government that causes disaffection in society.

“These are the root causes and that is what government should deal with primarily, not scratching the surface.”

On his part, a Senior Advocate of Nigeria, Mr Seyi Sowemimo, said penalty increment was not the best way for curbing hate speech in the face of widespread divisiveness in the country.

The SAN also doubted whether the fine could be enforced or not since it was imposed by a code made by the minister and not by the National Assembly, which is the body with the constitutional powers to make laws.

Sowemimo said, “It is difficult to really define hate speech in the context of the ethnic animosity and divisiveness that pervade the land. I am not sure increasing the penalty from N500,000 to N5m is the best way of discouraging hate speech. The ethnic animosity and divisiveness that pervade our society are some of the things that make people make statements that are being termed hate speech. I don’t think hate speech is the real problem that we have in our country now and so, I don’t see that this measure will serve any useful purpose.

“Besides, I think this fine for hate speech is going to be difficult to enforce. I don’t see how the minister and some people will make a code and increase fine for hate speech from N500,000 to N5m. Until there is a law made by those who are charged to make laws, and not a code, I don’t see how this will be enforced.”

It’s an expression of Buhari govt’s despotism, dictatorship – Ozekhome

Also, Mike Ozekhome, SAN, described the increment in the fine for hate speech as unconstitutional.

The constitutional lawyer warned that if the Federal Government ever attempted to enforce the provision, it would be challenged and outlawed.

He described the move as an expression of intolerance, despotism and dictatorship.

Ozekhome said the code also lacked the force of law and should not be taken seriously.