PART B: SECTION 2. THE ENVIRONMENT - (POLICY, LEGISLATION & REGULATION)
a. Government should enact policies, laws and regulations that promote media freedom and freedom of expression.
b. Government should repeal or amend all laws which impede media pluralism, free flow of information, media freedom and freedom of expression.(The lists of laws recommended for repeal and amendment are attached as Appendices)
c. The African Charter on Broadcasting (ACB) and other international instruments on media, especially community radio development, should be domesticated in Nigerian media policy, legislation and regulation. (The list of international instruments, including the ACB, is attached as Appendix)
d. The existing policy, legislations (including constitutional provisions) and regulatory instruments should be reviewed in line with the provisions of the ACB.
e. The new reviewed policy, legislations and regulations should, accordingly, recognize a diverse and pluralist broadcasting sector, with a clear three-tier structure which incorporates public service broadcasting, private/commercial broadcasting and community broadcasting.
f. Community broadcasting should be, in the words of the ACB, “broadcasting which is for, by and about the community, whose ownership and management is representative of the community, which pursues a social development agenda, and which is non-profit”.
g. Policy, legislation and regulation should recognize the difference between decentralized state broadcasting (the establishment of state/government – owned stations in communities) and genuine community broadcasting
h. Government should encourage an environment conducive to community service delivery and development within which community radio will grow as a viable institution.
i. In line with the current worldwide trajectory of convergence of telecommunications and broadcasting, the two regulatory agencies – National Broadcasting Commission (NBC), and Nigerian Communications Commission (NCC) should be merged into one regulatory organization.
j. The new regulatory agency which emerges from the merger should be a truly independent body which exercises all formal regulatory powers; its membership shall be equitably representative of stakeholder constituencies, while the appointment process shall be open, transparent, and involve the participation of civil society. The administrative structure of the regulatory body shall be such that makes for equitable attention to all the sub-sectors, including the broadcast media.
k. The licensing process of community radio should be fair and transparent, and based on clear criteria which include promoting media diversity in ownership and content
l. The regulatory body should be accountable to and draw its budget directly from the national legislature
m. Decision – making on frequency spectrum allocation should be open and participatory, and ensure that broadcasting is allocated a fair proportion.
n. The frequencies allocated to broadcasting should be shared equitably among the three tiers of broadcasting
o. The regulatory body should draw up a frequency allocation plan that ensures equitable access for all tiers of broadcasters to frequencies in urban and rural areas. It should manage the allocation of frequencies in such a way that would accommodate all requests that meet licensing requirements
p. The regulatory body should be empowered to be the sole collector of broadcasting set taxes. Proceeds from the taxes should be equitably shared between the regulatory body and the industry operators.
q. The time frame for processing community radio applications by the regulatory body should not exceed three (3) months
r. Community radio stakeholders should develop an appropriate code of conduct and practice for community radio stations in Nigeria in the sprit of self-regulation.
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