‘Gag Order’: SERAP, Editors Drag NBC to Court Over Threat to Sanction Broadcasters

The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have filed a lawsuit against the National Broadcasting Commission (NBC), challenging what they described as an unconstitutional attempt to silence broadcasters through threats of sanctions.

The suit follows a recent “Formal Notice” issued by the NBC warning broadcast stations and presenters against “expressing personal opinions as facts,” “bullying or intimidating guests,” and failing to maintain neutrality during news, current affairs, and political programmes.

NBC had justified the warning by claiming it had observed a sustained increase in breaches of the 6th Edition of the Nigeria Broadcasting Code across broadcast programmes nationwide.

However, SERAP and NGE argued that the directive amounts to a “gag order” designed to suppress press freedom, freedom of expression, and editorial independence, especially as Nigeria moves closer to the 2027 general elections.

In suit number FHC/L/CS/854/2026, filed last Friday before the Federal High Court in Lagos, the two organisations asked the court to determine whether the provisions of the Nigeria Broadcasting Code relied upon by NBC are inconsistent with the 1999 Constitution (as amended) and Nigeria’s international human rights obligations.

They are seeking a declaration that the provisions of the 6th Edition of the Broadcasting Code being used by NBC are vague, overly broad, unconstitutional, and a direct violation of freedom of expression and media freedom guaranteed under Nigerian and international law.

SERAP and NGE also requested an interim injunction restraining NBC, its agents, or any other authority from imposing sanctions on broadcast stations and presenters pending the hearing and determination of the case.

According to the applicants, unless the court intervenes, NBC would continue to use the Code to threaten and punish broadcasters simply for carrying out their constitutional responsibilities and exercising their professional rights.

They argued that journalistic opinion is protected expression and that the Constitution guarantees not only the right to hold opinions absolutely, but also the qualified right to express ideas, analysis, and commentary.

Human rights lawyer, Femi Falana (SAN), is leading the legal team representing SERAP and NGE in the matter.

Part of the court filings stated that value judgments are not susceptible to proof and therefore deserve heightened constitutional protection, stressing that journalism naturally includes commentary, analysis, and professional opinion.

The applicants argued that the blanket prohibition against presenters expressing “personal opinions” amounts to prior restraint and prior censorship, which are inconsistent with democratic values and constitutional protections.

They further maintained that Section 1.10.3 of the Broadcasting Code unlawfully excludes commentary, value judgments, and analytical expressions, which they described as the very foundation of journalism and democratic discourse.

According to them, the Code’s vague definitions of terms such as “bullying,” “intimidation,” and “professionalism” create room for arbitrary enforcement and could be used to punish critical questioning, investigative journalism, and legitimate public-interest broadcasting.

They also argued that the requirement for broadcasters to always provide “fair hearing to opposing views” amounts to compelled speech and editorial interference, undermining media independence and distorting legitimate commentary or opinion-based programming.

SERAP and NGE warned that the NBC notice could trigger widespread self-censorship, reduce scrutiny of political actors, and weaken the media’s role as a public watchdog ahead of the 2027 elections.

They said such measures threaten Nigerians’ democratic rights to receive diverse information, hear competing political views, and engage in open national debate.

The applicants further argued that while preventing harassment and misinformation may be legitimate regulatory goals, such restrictions must be precise, necessary, and proportionate, not vague and sweeping.

They insisted that sanctions such as fines, suspension, or other punitive actions based on unclear provisions amount to indirect censorship and violate fair hearing principles guaranteed by law.

Among the reliefs sought, SERAP and NGE asked the court to declare Sections 1.10.3, 3.3.1(b), 3.4.1(b), 5.3.3(b), 3.1.1, 3.11.1(a), 5.4.1(f), 3.11.1(b), and 5.5.1(b) of the 6th Edition of the Nigeria Broadcasting Code unconstitutional, null, and void.

They also want the court to permanently restrain NBC from enforcing those provisions or sanctioning broadcasters based on them.

No date has been fixed for the hearing of the interim application or the substantive suit.