
A Balanced Argument for Professionalism Without Gagging
1. The Issue in Context
The National Broadcasting Commission, NBC, has signalled tougher sanctions against “guest bullying” by anchors and presenters – hostile questioning, verbal ambush, or deliberate humiliation of interviewees on live radio/TV. The Nigerian Guild of Editors, NGE_, and other media stakeholders have pushed back, warning that such moves risk “gagging the press” and stifling robust journalism. Both sides claim to defend democracy. The noise is loud. But one fact stands out: _the law already settled this matter.
2. What the Law Actually Says
a. 1999 Constitution, S.39: Guarantees freedom of expression and the press. But S.45 allows derogation “in the interest of defence, public safety, public order, public morality or public health” and for “protecting the rights and freedoms of other persons”.
b. NBC Act, Cap N11 LFN 2004: Mandates NBC to “ensure broadcasting is not used to offend human dignity” [S.2(1)(b)], to “uphold professional standards” [S.2(1)(h)], and to sanction breaches. It does not empower NBC to dictate editorial content.
c. Nigeria Broadcasting Code, 6th Edition: Prohibits “unfair treatment of individuals” [Art 3.1.1], demands “due accuracy and impartiality” [Art 3.3.1], and forbids “intimidation, harassment or ambush” of guests [Art 3.4.2].
d. Code of Ethics for Nigerian Journalists: Requires “respect for dignity and privacy”, “fairness”," and “avoidance of hate speech or undue sensationalism”.
These four layers form a legal and ethical framework. They protect two things at once: free expression for journalists and dignity/fair hearing for guests.
3. The Two Legitimate Fears*
NBC’s concern – Guest Bullying: Democracy needs tough questions, not verbal assault. When anchors shout down, mock, or pre-judge guests, the audience loses facts and gains heat. Victims avoid studios. Public discourse shrinks. The Code calls this “trial by media”. NBC is right to flag it.
NGE’s concern – Gagging the Press: If “bullying” is defined too loosely, every hard question becomes sanctionable. News becomes protocol. Power escapes scrutiny. The Constitution’s S.39 would be hollowed out by administrative overreach. NGE is right to resist prior restraint.
4. The Middle Ground: Standards, Not Censorship
The Constitution, NBC Act, and Codes already provide “safe valves”:
For Guests.......For Practitioners
Right to fair hearing, reply, and dignity. Art 3.4.2 of Code bans ambush. Right to ask hard, even uncomfortable questions. S.39 protects editorial judgement.
Right to complain to NBC or courts if defamed or humiliated. Right to due process: NBC sanctions must follow investigation, not arbitrary fines.
Right to walk out, but stations must not blacklist dissenting voices. Right to editorial independence: NBC can not script interviews or ban topics.
5. The Path Forward – Umpire and Player
NBC should:
1. Remain an unbiased umpire - enforce existing Code, not invent new offences.
2. Use transparent adjudication – publish complaints, hearings, and reasoning. Sanctions must be proportionate.
3. Train, don’t just fine – partner with BON, NGE, NUJ on masterclasses for ethical interviewing.
Broadcasters/Journalists should*:
1. Display highest professionalism – tough questions, yes; personal attacks, no. Prepare, listen, and fact-check live.
2. Self-regulate first – station ombudsmen and peer review before NBC steps in.
3. Defend the craft, not the excess - distinguish between “holding power to account” and “performative humiliation”.
6. Why It Matters for Democracy
Nigeria’s “fledgling democracy” needs two oxygen lines: _accountability journalism_ and _civil discourse_. Guest bullying kills discourse. Gagging kills accountability. The Constitution, NBC Act, and Codes already balance both.
If NBC becomes a censor, we lose the press. If broadcasters become bullies, we lose the public. The goal is _information engineering_ – facts that travel without insults, questions that land without injury, and a media space where guests and journalists feel safe to serve the public.
Bottom line: Enforce the rules we have. Don’t add new gags. Don’t tolerate new bullies. Let the umpire whistle fairly and let the players play professionally. That’s how democracy thrives.
By:
Mahmud Abdulraheem, Esq.
Ph.D. Mass Comm; LL.M.; BL; LL.B; http://M.Sc; B.A; Notary Public_
Ex-GM/CEO, Radio Kwara; Chief Promoter/Chief Executive, Gerin FM 95.5 Ilorin – a community radio station, communicating for harmony and grassroots development.