NBC Retransmission Directive Puts Nigerian Broadcasters on Notice Over Copyright Compliance, Sanctions

Nigeria’s broadcasting operators face renewed pressure to demonstrate that they hold the necessary intellectual property rights and commercial authorisations before retransmitting third-party content, as the NBC reinforces regulatory expectations and the consequences of unauthorised distribution.

MultiChoice Group’s endorsement of a new directive by the National Broadcasting Commission (NBC) has brought renewed attention to a critical compliance issue in Nigeria’s broadcasting industry: the unauthorised retransmission and commercial exploitation of protected audiovisual content.

The directive, issued on November 2, 2026, reinforces the requirement for operators to obtain the appropriate rights and authorisations before retransmitting content belonging to another broadcasting organisation or rights-holder.

At the heart of the regulatory position is a distinction with significant legal and commercial implications: access to another operator’s broadcast signal does not automatically confer the right to redistribute, rebroadcast or commercially exploit the content carried on that signal

For broadcasting operators, the directive raises important questions about copyright compliance, licensing arrangements, contractual permissions and the adequacy of internal controls governing content acquisition and distribution.

MultiChoice Group, a CANAL+ company, welcomed the NBC’s clarification, describing it as an important step towards protecting content creators and rights-holders, promoting fair competition and establishing a more sustainable audiovisual market.

Kemi Omotosho, chief executive officer of MultiChoice Nigeria, said a predictable regulatory framework would support investment in local content and create long-term value for creators, rights-holders, operators and audiences.

Copyright compliance becomes an operational priority

The NBC’s position places renewed emphasis on the responsibility of broadcasting operators to establish the legal basis for every retransmission arrangement.

Under Nigeria’s Copyright Act 2022, copyright in a broadcast includes the exclusive right to authorise its rebroadcasting and communication to the public, subject to applicable statutory exceptions.

This means that operators cannot necessarily rely on signal availability, technical arrangements or commercial convenience as substitutes for the permission of the relevant rights-holder.

Compliance therefore extends beyond obtaining a broadcast licence. Operators must also ensure that their content acquisition agreements, retransmission arrangements, sublicensing permissions and distribution partnerships adequately cover the intended commercial use.

The implications are particularly significant for cable, satellite, digital television and other distribution platforms operating through multiple content and signal-sharing arrangements.

Sanctions and enforcement risks

The directive also raises the question of how unauthorised retransmission will be addressed and what enforcement consequences may follow from non-compliance.

Under the Copyright Act 2022, unauthorised rebroadcasting and other specified infringements of broadcast rights can attract criminal liability. Section 44 provides for a fine of at least N1 million, imprisonment for at least five years, or both, upon conviction for the relevant offences.

The Nigerian Copyright Commission also has statutory enforcement responsibilities, including investigation of alleged copyright infringement and anti-piracy operations.

Consequently, copyright infringement risks are not confined to regulatory warnings. Depending on the facts, operators may face civil claims, criminal proceedings and court-ordered remedies, including the seizure or disposal of infringing materials.

For businesses, the potential consequences extend to litigation costs, disruption of distribution arrangements, reputational damage and exposure arising from contractual indemnities and licensing disputes.

NBC’s enforcement powers face an important legal distinction

However, the sanctions dimension requires a distinction between the NBC’s regulatory oversight and the judicial enforcement of copyright offences.

Previous court decisions have questioned the NBC’s authority to impose administrative monetary fines on broadcasters. In January 2024, the Federal High Court ruled against the Commission’s N5 million fines imposed on several broadcasters, while earlier proceedings also challenged its authority to impose monetary penalties.

In August 2026, reports indicated that the NBC was seeking permission to pursue a fresh appeal following procedural difficulties with an earlier appeal against one of the judgments.

This creates an important enforcement consideration: the NBC’s authority to issue regulatory directives and monitor compliance should not automatically be interpreted as an unrestricted power to impose monetary penalties.

Copyright enforcement under the Copyright Act operates through a separate statutory framework, with the Nigerian Copyright Commission and the courts playing important roles.

The practical question, therefore, is not simply whether operators can be sanctioned, but which authority has jurisdiction to impose a particular sanction, under what legislation, and through what legally permissible process.

Compliance implications for broadcasting operators

The latest directive provides an opportunity for operators to review their exposure to intellectual property and retransmission-related violations.

Operators should examine whether all retransmitted programmes, channels and audiovisual materials are covered by valid permissions. Distribution, sublicensing and signal-sharing agreements should be reviewed to establish the precise scope of authorised use, including licensing territories, permitted platforms and commercial exploitation rights.

Broadcasters should also strengthen content governance arrangements by maintaining verifiable records identifying content owners, licensing terms and authorisations. Third-party distributors, technical partners and other intermediaries should be subject to appropriate due diligence to ensure that they do not retransmit protected content outside their contractual permissions.

Effective monitoring and escalation procedures are equally important. Operators need mechanisms for identifying unauthorised retransmission, responding to rights-holder complaints and preserving documentary evidence that can be produced during regulatory inquiries or legal proceedings.

A test of regulatory accountability

MultiChoice’s endorsement of the directive highlights a broader issue affecting Nigeria’s audiovisual market: the need for consistent enforcement of intellectual property rights and transparent regulatory oversight.

For legitimate operators and content creators, effective protection against unauthorised retransmission can strengthen commercial certainty and encourage investment in locally produced content.

For regulators, however, the challenge is to ensure that enforcement remains within clearly established statutory powers, respects due process and is supported by legally sustainable sanctions.

The November 2 directive therefore represents more than a clarification of retransmission rules. It reinforces the compliance responsibilities of broadcasting operators while bringing the relationship between intellectual property protection, regulatory authority and enforcement accountability into sharper focus.

The ultimate test will be whether the directive translates into demonstrable industry-wide compliance and effective, legally defensible action against unauthorised commercial redistribution.