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Media Policy Briefing: Vol 3
 

The Secretariat/Coordinator
Nigeria Community Radio Coalition (NCRC)
c/o Institute for Media and Society
3, Emina Crescent,
Off Toyin Street,
P.O.Box 16181
Ikeja, Lagos,Nigeria.
Phone: +234 1- 8102261;
+234 803 307 9828
Email-imesoimeso@hotmail.com; info@nigeriacommmunityradio.org

 

CHAPTER X: COMMUNICATION TECHNOLOGY

Preamble

10.1 Technology has been recognized as a key factor on modern communication strategies. The pace of technological development can be constrained if a country is unable to absorb the investment in communication hardware. The rapid development in the field of technology the world over has made it imperative now that Nigeria should think of evolving her own indigenous technology. The present situation has called for urgent strategies that Nigeria shall adopt to evolve her own technology

10.2 Objectives:- These shall be:

(a) To develop and research into communication hard and softwares and involve the Universities, Polytechnics and other research institutions in the country;

(b) To create a conducive climate for the development utilization of local fabricated spare parts produced by local ingenuity;

(c) To rationalize the use if hard and software facilities in the country by various arms of Government;

(d) To discourage the use of foreign consultancy services and ensure that foreign expertise shall only be employed for communication hardware, where local expertise is nonexistent or inadequate

(e) To ensure that local technical expertise is involved in taking decisions on procurement of equipment;

(f) to ensure that adequate provisions are made to extend the life span of imported equipment

10.3 Implementation Strategy

(a) Nigerian Universities, Polytechnics and other research institutes to carry out research into prototypes e.g. solar batteries, semi-conductor;

(b) The institutions in (a) above shall embark upon the design of radio receivers and television sets;

(c) In view of the important functions of some raw materials e.g. silicon, in the manufacture of electronic components, the Government shall control such materials which may be available locally;

(d) Various users of communication hardware such as towers, satellites, transmitters shall make joint use of such facilities and equipment where possible;

(e) Technical standards set by international organizations such as International Telecommunication Union (ITU) and Consultative Committee International Radio (CCIR) shall be complied with`

10.4 Guidelines

The following guidelines shall be taken into consideration when setting up Radio or Television Stations. These shall be:

(a) Type of radio Station to be installed e.g. Short-wave, medium-wave, F.M. Stations and television Stations;

(b) Intending locations of the stations;

(c) Map of the intended coverage area and neighboring installations such as airport, factories, highway, and type of traffic including proximity to railways;

(d) Geographical bearing of Radio and Television Stations;

(e) Prevailing wind, and their utmost velocity;

(f) The history of thunderstorm around the vicinity/vicinities

(g) Sold conductivity in the location of the installations of the medium wave transmitters;

(h) Proximity to water supply and public electricity supply;

(i) Measures to ensure public safety

(j) Detailed survey report of he Radio and television stations

(k) Safety precautions that will be taken care of after the installations.

CHAPTER XI: COMMUNICATION TRAINING AND RESEARCH

Preamble

11.1 Training and research for the development of human resources is of utmost importance in the implementation of a meaningful national communication policy

11.2 Inadequate training may lead to retardation of growth and distortion of progress and even confusion. Therefore, for communication to perform the desired functions of mobilizing the people, especially those in the rural areas, for national development, there is the need for training and research to provide appropriate expertise in the various areas of mass communication.

Policy Objectives

11.3 To ensure the provision and maintenance of adequate facilities for teaching and research for the acquisition of appropriate skills by persons who can man or run our communication stations, institutions and services. Implementation Strategy 11.4 the National Communication Commission which is vested with training and research functions, among others, is to provide for in the section on communication laws and Regulatory Agencies.

CHAPTER XII: COMMUNICATION LAWS AND REGULATORY AGENCIES

Preamble

12.1 It is axiomatic that the ultimate goal of any government should be the welfare and happiness of its people. 12.2 In recognition of this laudable objective, the Constitution of the Federal Republic of Nigeria, 1979 has set out in chapter II, the fundamental objectives and Directive Principles of State Policy.

12.3 It is believed that the laws of the land has a vital role to play in the provision of framework for a sound communication policy directed towards the attainment and fostering of these ideals.

Policy Objectives

12.4 In acknowledgement of the fact that it is universally accepted that the freedom of the press forms the bedrock of a democratic and egalitarian society on the one hand, and on the other, in recognition of the need to protect the administration of government, public men and the security of life and property, the objectives shall be:

(a) to ensure that the laws shall guarantee press freedom including the right to publish, not to disclose source of information and right of access to information;

(b) To ensure that such right and freedom are not abused or misused by the enactment of laws which are humane;

(c) To guarantee that ownership of the print media shall continue to be open to Government , individuals and private bodies and until such a time as government determines the ownership of the electronic media, ownership of such media shall continue as provided in the constitution Implementation Strategy

12.5 In order to achieve the above policy objectives the following implementation strategy shall be undertaken

A. Newspapers

1. It is desirable that all the states’ newspaper laws be made uniform.

2. Each of these laws shall be amended to remove the requirement that a newspaper must have an office in any state in which it circulates. This will save cost and promote national unity.

3. The requirement in the various newspapers statutes that the name and place of abode of the printer and publisher and, n the case of Lagos State, and the Editor-in-Chief, must be contained at the foot of the last page exposes these persons to unnecessary risks.

The laws shall be amended to provide that the name and office address of such persons must be so carried.

4. A right to reply and rectification shall be included in all laws

5. The Newspaper Act of 1964 be repealed

6. The offences of publication of false rumor, statement or report in some of the laws be repealed

B. Access to Information

1. In order to assure access to information, the Official Secret

Act 1962 shall be amended to define more clearly the term ‘classified matter’. It should include only matters, which impinge on state security

12.6 Copyright

(i) The administration of copyright should be transferred from the Ministry of Trade to the federal Ministry of Information and Culture where it can be better administered as its work is largely with copyright communities

(ii) Life performances and our folklore shall be protected by Copyright Law not only in order to protect the author but also to enhance and perpetuate our cultural heritage.

(iii) In view of conflicting decisions with respect to jurisdiction of the courts on copyright, it is necessary to settle the matter by statute

(iv) The penalties for offences relating to copyright shall be reviewed upwards

(v) The provision in the Copyright Act 1911 which applied in Nigeria before 1970 that all infringing copies of any work in which subsisted and all plates used or intended to be used for the production of infringing copies be deemed to be property of the owner of the V shall be restored in our law. This will enable the owner of copyright infringed to bring an action in detinue to claim such infringing materials or sue in conversion for damages;

(vi) There is need to accede promptly to all revisions of the Universal Copyright Convention (UCC) so as to be able to benefit from more recent development in the area;

(vii) The public officer to grant licenses in respect of copyright vested inn government and to establish a scales of fees to be charged for such licenses shall be appointed forthwith;

(viii) The licensing authority under the Copyright Act of 1970 shall be set up immediately;

(ix) The Antonm Pillar Order shall be given necessary statutory backing

12,7 Advertisement:- Statute shall be enacted to provide for the following:

(i) To prevent all misleading and deceptive advertisements;

(ii) To indigenise all advertisement both in their content and the characters who took part in them;

(iii) Compel any medium accepting advertisements to take reasonable steps to verify the authenticity and truth of the advertisements;

(iv) Provide criminal sanctions for misleading or deceptive advertisement;

(v) Allow any person injured in any way to recover damages in a civil act for such injury caused by misleading or deceptive advertisement;

(vi) Provide both criminal and civil remedies against any medium which fails to take reasonable steps to verify the truth and authenticity of any advertisement carried by it;

(vii) Provide for damage to be recovered for all forms of misrepresentation i.e. innocent, negligent or fraudulent misrepresentation.

12.8 Film

The Cinematographic Act 1963 and its regulations shall be amended as follows:

(i) The board shall comprise persons versed in Nigeria culture and way of life and shall include representatives of Islamic and Christian faith and at least a woman;

(ii) The criteria for approval or disapproval of exhibitions of a film shall include inter alia the following:

(a) The potential to enhance our culture

(b) Any negative effect on our culture;

(c) Promotion of national unity and interest;

(d) Educational value;

(e) Entertainment value.

12.9 News Agency of Nigeria (NAN):- The News Agency of Nigeria Act, 1976 shall be amended to provide that all foreign news agencies must sell their service in Nigeria through the News Agency of Nigeria (NAN). This will ensure not only that NAN is able to generate more funds but more importantly that the country is able to endure that news, which distorts the national image, is not distributed.

12.10 Regulatory Agencies:- There shall be two bodies established by law to be known respectively as the National Communication Commission (NCC) and the Nigeria Media Council (NMC).

12.11 The functions of the National Communication Commission shall include the following:

(i) The co-ordination and harmonization of long range planning activities of the Federal and State ministries responsible for information matters to make these consistent with the overall National Plan objectives;

(ii) The maintenance of the highest degree of co-operation on the long-range planning of public media (Press, radio and television) and that of the post, telephone and telegraph agencies for consistency with the national plan and to avoid investment in incompatible equipment that may later present obstacle to growth of the media industry;

(iii) Fostering a continuing exchange of views between telecommunication authorities, newsprint manufacturing industries, manufacturers and distributors of other communication support gadgets and the business community on the future development of communication services in the country;

(iv) Sponsoring legislation on matters of tariffs, advertising rates, newspapers and magazine cover prices – as these affect the operation of public communication at all levels of he system;

(v) Providing broad guidelines on periodic basis on possible trends in the socio-economic development of he society, which are likely to affect demands for media and telecommunication facilities;

(vi) Performing regulatory and supervisory controls over the operations of national media, including advertising and public relations agencies, outside the jurisdiction of the

Press Council;

(vii) Collating analyzing and publishing periodic information on communication education in the country;

(viii) Undertaking periodic reviews of the terms and condition of services and the personnel engaged in communication education and practices and;

(ix) Inquiring into and advising the Federal Government on the manpower and financial needs of public communication agencies during any National Plan Period;

(x) Serving as a documentation and reference resources center;

(xi) Encouraging individuals and bodies corporate to establish research foundations for media developments

(xii) Provision of guidelines for the establishment of mass communications training and research institutions in the country;

(xiii) Serving as an accreditation body for all communications training and research institutions in the country

(xiv) Consulting with other appropriate bodies with a view to standardizing the curricular of communication training

(xv) Promotion of the publication of books and journals on mass communication

(xvi) Promotion of the establishment of libraries with specialized matters of culture and films;

(xvii) Maintenance of regular and effective co-operation between communication training institutions and media organizations

(xviii) Promoting post graduate training in mass communication

(xix) Ensuring that communication training shall include necessary training and research in advertising and public relations;

(xx) Guaranteeing on a permanent basis, the loftiest ideas of excellence in broadcasting;

(xxi) Provision of regulatory jurisdiction for all broadcasting stations, in the Federation in terms of national, state and privately owned or commercial broadcasting stations.

(xxii) Setting moral and ethical standards for broadcasting within national and international context and to regulate and control such standards;

(xxiii) Promulgating of a standard of programme service which would meet the taste, needs and desires of all groups of the listening public;

(xxiv) Making broadcasting truly impartial;

(xxv) Upholding the principles of fairness and balance;

(xxvi) Laying down sanctions and appropriate monitoring organs to effectuate the sanctions and make them succeed;

(xxvii) Ensuring the rationalization of broadcasting activity and a co-ordination of broadcasting development;

(xxviii) Arranging for a complete group survey of the country by technical experts to ensure the placement of all transmitters (exiting and planned) as well as the power necessary to provide the most economical, complete and efficient coverage;

(xxix) Re-assessment of overall broadcasting requirements and through a nation-wide co-ordination plan, evoke on long term basis proper rationalization.

Composition of the NCC

12.12 The NCC shall have three specialized divisions to deal respectively with print and electronic media and training and research in mass communication. The composition shall be as follows:

(i) A Chairman who shall be an eminent Nigerian of proven integrity and shall be appointed by the President

(ii) One representative of the Federal ministry of Information

(iii) One representative of the Nigerian Television Authority

(iv) One representative of the federal Radio Corporation of Nigeria

(v) One representative of the Ministry of Communications

(vi) Three representatives of the State ministries responsible for Information and Culture.

(vii) One representative of the federal Ministry of Education.

(viii) One representative of institutions of higher learning involved in teaching of mass communication

(ix) One representative of the Nigerian Union of Journalists

(x) One representative of the Radio and television Theatre Workers of Nigeria

(xi) One representative of the Association of Advertising practitioners of Nigeria

(xii) One representative of the Nigerian Institute of Public Relations

(xiii) One representatives of Film makers’ Association of Nigeria

The Nigerian Media Council (NMC)

12.13 The Nigerian Media Council shall be composed predominantly of journalists of high standing and integrity. Its functions shall include the administration of professional code of ethics and registration and accreditation of journalists

12.14Granting License – The following are the criteria for granting of private broadcasting license when the time is considered ripe to do so:

(i) An applicant must be a Nigerian citizen or body;

(ii) An applicant must not have been convicted of a criminal offence or found guilty of misconduct, financial or otherwise by any law or a Tribunal of Inquiry duly set up under the law;

(iii) The applicant must demonstrate to the satisfaction of the Commission that he is not under any foreign influence whatsoever;

(iv) The applicant must give an undertaking that the licensed station would not be used for partisan politics;

(v) A license shall be valid for a period of three years subject to renewal at the end of the current period;

(vi) A license shall be revoked at any time if, in the opinion of the Commission the broadcast station has been used in a manner detrimental to the national interest or where

a petitioner’s complain has been upheld after a public hearing and subject to the confirmation by the commission

N.B. - (NCC): The Federal Government has approved that the membership of the National Communication Commission be pruned down to a manageable number for effectiveness.

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