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DSO: Lawyers Tear Whitepaper Apart, Say It Lacks Force of Law

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Lawyers have faulted the recent directive by the National Broadcasting Commission (NBC) on the abolition of self-carriage status by broadcast entities.

DSO: Lawyers Tear Whitepaper Apart, Say It Lacks Force of Law

They said the 2014 Digital Switch Over (DSO) Whitepaper the commission relied on to issue is an expired document and lacks the force of law.

Ahead of the commencement of the second phase of the DSO programme, which has proceeded in fits and starts, including two unmet deadlines, the NBC recently directed digital terrestrial television operators to reconfigure their transmission set-ups and transfer their carriage to either ITS or Pinnacle Communications Limited, the licensed signal distributors, with immediate effect.

The NBC, in a letter signed by Dr Armstrong Idachaba, acting director-general, said its directive on abolition of self-carriage is Section 10 of the 2014 DSO Whitepaper, which it said prescribes the splitting of broadcasting activities into content distribution and signal distribution. The commission stated that with the split, a single broadcaster can no longer combine the functions of content carriage and signal distribution.

Reacting to the directive, Marian Igbi, Lagos-based lawyer, said the NBC erred by presenting the DSO Whitepaper as a document with the same force as a law.

She contended that the Whitepaper, issued in 2014, can no longer be deemed as valid, given that two editions of the National Broadcasting Code, a subsidiary legislation on broadcasting, were issued after it.

“It is important to realise that the 5th and 6th editions of the National Broadcasting Code came into effect after the Whitepaper.

“The Whitepaper the NBC relies on as empowering it to issue the directive gave no effect to the document’s recommendations. As a matter of fact, it could not have given any effect to it in view of the fact that the National Assembly has not yet amended the NBC Act,” she argued.

Speaking in similar vein, Maxwell Ogbeche, another lawyer, noted that a Whitepaper is simply a distillation to supply an analysis of a particular subject, including new policy frameworks, but is not the equivalent of a law.

“Whitepapers are statements of policy directions. They are not laws and their recommendations have to be worked into actual legislations to have any binding legal effect. In this case, the recommendations of the DSO Whitepaper remain unknown to the NBC Act and the Broadcast Code, both of which are the bodies of laws regulating broadcasting in Nigeria. There is no other legislation,” he said.

Also speaking, Timothy Shaba, lawyer and former broadcaster, argued that the NBC appears muddled.

According to him, the NBC Act and National Broadcast Code are clear on broadcasting functions that require licence issuance, saying DTT operators at which the Commission’s directive is aimed have valid authority to distribute the signals, comprising DTT service.

“The licence issued to DTT service providers isn’t the same as a signal distribution licence because it permits them to carry out their core business of providing subscription television services to Nigerians.

“Signal distributors’ core business is the provision of signal distribution services to broadcasters licensed by the government. They do not provide that service to the general public,” he explained.

 

 

 


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Africa Magic Announces Call for Entries for 11th AMVCA

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Africa Magic, in partnership with MultiChoice, is thrilled to announce the call to entry for the 11th edition of the Africa Magic Viewers’ Choice Awards (AMVCA).

Entries open on Monday, 23 December 2024, and close on Friday, 31 January 2025.

The AMVCAs celebrate exceptional talent, creativity, and innovation within the African film, television, and entertainment industry, showcasing the continent’s finest storytellers, performers, and production professionals.

Consequently, filmmakers, producers, production companies, creators, are encouraged to submit films, made-for- television movies or television series that were broadcast or publicly screened, from 1 December, 2023 to 31 December, 2024, for a chance to be recognized at Africa’s most prestigious awards event.

Speaking on the upcoming edition, Busola Tejumola, Executive Head of Content and Channels, West Africa, MultiChoice, said, “The AMVCAs have become a beacon of excellence, celebrating the vibrancy and diversity of African storytelling.

“We are excited to once again open the doors for talented creatives across the continent to showcase their remarkable work to the world.”

The 11th AMVCA promises to be a spectacular celebration of African entertainment, giving our talented creatives their flowers and creating unforgettable memories.

The event will be broadcast live on Africa Magic channels across the continent, bringing the glitz and glamour of the awards to millions of viewers.

To enter your submissions and for more information and updates on the AMVCAs, visit https://www.africamagic.tv/AMVCA.

Also follow Africa Magic on social media: Facebook, Twitter, and Instagram @africamagic to stay in the know.


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Aero Contractors Celebrates Long-Serving Employees at Award Ceremony

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Aero Contractors recently hosted its Long Service Award Ceremony, a momentous event dedicated to honoring distinguished retirees for their exceptional service and unwavering commitment to the organization.

Aero 737.jpg

The ceremony, which celebrated loyalty and excellence, featured the presentation of recognition plaques and the disbursement of retirement benefits to the honorees. Among those celebrated were:

•Capt. Gerald Nmoka

•Stephen Kukoyi

•Promise Amadi

•Victor Aitanun

•Nwankwo Stephen N.

The management of Aero Contractors expressed profound gratitude to these outstanding individuals, whose dedication and expertise have significantly contributed to the airline’s growth and success over the years.

Speaking at the event, Aero Contractors’ Managing Director, Capt. Ado Sanusi, underscored the importance of celebrating excellence and fostering a culture of recognition within the organization. “Our retirees have exemplified the highest standards of professionalism and commitment. Their legacy will continue to inspire our team as we build a brighter future for Aero Contractors,” he stated.

As a leading airline in Nigeria, Aero Contractors remains committed to supporting its employees and creating an environment that values their contributions. This commitment reflects the company’s ongoing efforts to uphold its reputation as a trusted, value driven airline”


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NAFDAC Dismisses False Claims of Approving ‘Lung-Cleansing Tea’

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National Agency for Food and Drug Administration and Control (NAFDAC) has refuted claims that it approved a herbal product marketed as “lung-cleansing tea” for smokers.

Mojisola Adeyeye, director-general of NAFDAC, in a statement on Saturday, December 14, clarified that the product, identified as Lungitox (Smokers Pride), was never approved and had its registration application rejected due to its unsubstantiated health claims.

“The attention of the National Agency for Food and Drug Administration and Control (NAFDAC) has been drawn to a misleading video circulating on social media, alleging that NAFDAC approved the registration of a herbal product claiming that ‘smoking is healthy’ when used with their product,” the statement read.

“NAFDAC wishes to categorically state that this claim is false and completely unfounded.

“The product in question—Lung Detox Tea or Lungitox (Smokers Pride) or any similar product—is NOT registered by NAFDAC.

The unscrupulous individual behind this product had applied for registration, but the application was outrightly rejected due to the unsubstantiated and dangerous claim that smoking could be made ‘healthy’ by consuming the product.”

NAFDAC reaffirmed its commitment to protecting public health and ensuring that only safe and scientifically validated products are approved.

“NAFDAC remains steadfast in its mandate to protect public health and ensure that only safe, effective, and scientifically substantiated products are approved.

“We condemn any attempt to mislead or endanger the public with false claims.

“The public is advised to disregard this video and report any suspicious claims or products to the Agency through our official channels.”

Adeyeye provided contact information for reporting such claims, urging Nigerians to remain vigilant.

“For further inquiries or reports, please contact NAFDAC via 0800-162-3322, email [email protected], or visit our website at www.nafdac.gov.ng.

NAFDAC will continue to take decisive action against any individual or entity attempting to violate public health standards.”

The agency reiterated its dedication to ensuring that all products in the Nigerian market meet the required safety and efficacy standards.


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