Africa Press-Nigeria:<\/p>\n
The Expression Now Human Rights Initiative has dragged the Nigerian Government to the ECOWAS Court over the provisions and enforcement of hate speech in the Nigerian Broadcasting Code 6th Edition and its amendments.<\/p>\n
The Non-Governmental Organisation (NGO) filed the suit marked ECW\/CCJ\/APP\/ through Lagos lawyer Mr Solomon Okedara.<\/p>\n
Okedara argued in the application dated September 4, 2020, that \u201cwhile the focus of many Nigerians is on the Five Million Naira fine which the NBC Code (6th Edition) imposes in its Amendments; the Code even imposes other far-reaching penalties.<\/p>\n
\u201cFor example Article 15.2.1 of the Code provides for sanctions such as \u2018Immediate order of suspension of broadcast services, Suspension of license and immediate shut down\/seal up of transmitter; and Revocation of license, seizure and forfeiture of transmitting equipment\u2019<\/p>\n
The Lagos-based lawyer contended that while the N5million fine is \u201cdisproportionate and unjustifiable, penalties like \u2018suspension of broadcast services, suspension of license, shut down\/seal up of transmitter\u2019 are excessive and disproportionate and can have far more damaging effect on free speech\u201d<\/p>\n
Okedara further argued that the definition of \u2018Hate Speech\u2019 as given in the Code is \u2018vague, ambiguous and overbroad.\u2019<\/p>\n
The lawyer also noted that the Code criminalises \u201coffensive reference\u201d and wondered if the drafters of the code realised that making \u201coffensive reference\u201d is integral to free speech and important to open, diverse and heterogeneous society.<\/p>\n
(i) \u201cA DECLARATION that the provisions of Articles 3.1.1, 3.1.2, 15.2.1 of the Nigeria Broadcasting Code (6th Edition) and Article 15.5.1 of the Amendments to the Nigeria Broadcasting Code (6th Edition) are in violation of Article 9(1) and (2) of the African Charter on Human and Peoples Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 66 (2) (c) of the revised ECOWAS treaty.<\/p>\n
(ii) A DECLARATION that the Defendant\u2019s actions in giving effect to the provisions of Articles 3.1.1, 3.1.2 of the Nigeria Broadcasting Code (6th Edition) and Article 15.5.1 to penalize and fine the Applicant\u2019s officers, members, associates, collaborators and indeed several other Nigerians, is in violation of the Applicant\u2019s rights under Article 9(1) and (2) of the African Charter on Human and Peoples Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 66 (2) (c) of the revised ECOWAS treaty.<\/p>\n
(iii) A DECLARATION that by the continued enforcement of Articles 3.1.1, 3.1.2, 15.2.1 of the Nigeria Broadcasting Code (6th Edition) and Article 15.5.1 of the Amendments to the Nigeria Broadcasting Code (6th Edition), the Defendant is in breach of its obligation under the Revised ECOWAS Treaty\u2026<\/p>\n
Africa Press-Nigeria: The Expression Now Human Rights Initiative has dragged the Nigerian Government to the ECOWAS Court over the provisions and enforcement of hate speech in the Nigerian Broadcasting Code 6th Edition and its amendments. The Non-Governmental Organisation (NGO) filed the suit marked ECW\/CCJ\/APP\/ through Lagos lawyer Mr Solomon Okedara. Okedara argued in the application […]<\/p>\n","protected":false},"author":62,"featured_media":27264,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,14],"tags":[847],"class_list":["post-29690","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-all-news","category-policy","tag-ecowas"],"yoast_head":"\n