STREAMING AND THE NBC CODE: Strange Bedfellows
Introduction
Introduction
Although it first arose a few months ago, the release of the Nigerian Broadcast Commission’s (NBC) 6th Edition of the Nigerian Broadcasting Code( the New Code) has raised a number of interesting questions.
Most have been focused on issues arising from the New Code’s obligation on broadcasters (including pay tv operators) to sub-licence exclusive content that is popular amongst a large segment of Nigerians, as well as what are effective price controls on licence fees payable for such sub-licences.
One other unusual provision in the New Code, that seems to have been overlooked by many, is its purported applicability not only to broadcasters but also over-the-top (OTT) and video on demand (VOD) providers. Thus, this piece seeks to take a brief look at the legality of such a provision and the ramifications of it’s validity or otherwise.
What is a Broadcast?
Under Nigerian law, the term “broadcast” is defined as the “the simultaneous transmissi…