What the NBC broadcasting code's amendment could mean for Nollywood [Explainer]

Here is all you need to know about how NBC's latest amendment to its broadcasting code may affect the Nigerian film industry.

The National Broadcasting Commission's latest amendment to its broadcasting code has unarguably driven content makers into a frenzy.

Among Nollywood influencers, the fear of yet another downward spiral has influenced varied reactions currently filling up social media feeds. Some have taken to mild online protests targeted at the NBC. But, what does this new code actually mean and how does it affect how content will now be distributed in Nigeria? Here is a breakdown of the amended code and how it may affect the film industry.

Why the Amendment?

"The amendments of the Code make provisions for local content in the broadcast industry. It also makes provisions for increased advertising revenue for local broadcast stations and content producers. It significantly creates restrictions for monopolistic and anti-competitive behaviour in the broadcast industry in Nigeria"- NBC broadcasting Code 6th Edition Amendment

According to NBC, the code is basically to restrict content monopoly by making broadcast content no longer exclusive to platforms.

Upon effect, the new code will affect providers of film, sports and music content providers which is basically your DSTV for their exclusive rights to foreign sports championships, Iroko and Netflix for their acquisition of local content and even production of local content.

Registration of Web/Online Broadcasting Services

Nigerian titles ranking top 10 on Netflix [Instagram/filmone]

Now this section of the code stipulates that all platforms offering online or web content is fully registered and must comply with the NBC's programming standards.

In clearer terms, the code now stipulates that Pay TV and VOD ( DSTV, Netflix, Iroko for instance) providers among others must be registered with the NBC and submit to the commissions' right to regulate its content under its programming standards.

But, the code explains why this protective move is important where it states, "the provisions of the code on programming standards, especially as it relates to hate speech and fake news".

The violation of NBC's programming standards puts the erring platform at the risk of a "take-down order, a block or a shutdown order".

Inclusion of local talents in the production of 'local content'

The amendment now stipulates that every producer of the aforementioned content must now ensure that 75 per cent of its cast, the crew are Nigerians.

This code especially profits local talents who go into collaborations with foreign entities as the law now stipulates that the involvement of local talents is guaranteed.

The anti- competition section

As initially stated, the NBC seeks to regulate content and one way it plans on achieving this is by giving room for sub-licensing of all broadcast content.

The new law now stipulates that content rights that do not allow for sub-licensing can no longer be aired in Nigeria as this exclusivity denies other content providers purchasing rights.

For Nollywood, there appears to be advantages and disadvantages. For one, this code allows local content to be acquired by more than one Pay TV or VOD platform which means more options for content creators.

On the flip side, the less exclusive content is, the lesser its bargaining strength. If reports of the acquisition cost of some local content for VOD platforms are anything to go by, the revenue boom that the industry hopes to enjoy now stands the risk of being dead on arrival.

It is understandable why for most, the code spells doom especially for SVOD and even Pay TV platforms. Seeing as the code labels local content as subject to the commission's programming standards, filmmakers hoping for the opportunity to finally tell inclusive stories can bid their hopes goodbye. Another cause for concern is how VOD service providers who have invested in making 'original' content (now stipulated as local content) will react to the non-exclusivity.

Ultimately, the NBC claims that the sub-licensing code is an opportunity for other platforms to finally have a fighting chance.