Diktat for Content Creators in Nigeria

Angad Mudhar • Sep 18, 2020

Nigeria is located on the western coast of Africa. The country has been home to a number of ancient pre-colonial states and kingdoms over the millennia. Modern Nigeria originated from British colonial rule beginning in the 19th century. Nigeria’s most diverse feature is its people; there are more than 250 ethnic groups with over 500 distinct languages all identifying with a wide variety of cultures.

Nigeria’s filmmaking community, informally known as Nollywood , has a history dating back to the late 19th century and into the colonial era in the early 20th century. Though the film industry has been evolving since the 19th century, the name Nollywood comes from a 2020 New York Times article. While Nollywood is not as profitable as Hollywood in the U.S. or Bollywood in India, it is known for being a prolific producer of movies under much more limiting circumstances and budgets.

The National Film and Video Censors Board (NFVCB), established by Act 85 of 1993 is the official regulatory agency for the film and video sector of Nigeria. The Board is empowered by law to classify all films and videos whether imported or produced locally. The Board initiated the “Nigeria in the Movies” (NIM) in 2019 as a flagship program to address the deficiencies in the film industry, with initiatives based on the Board’s mandate and vision.

Nigeria also has the Lagos State Film and Censors Board (LSFCB) established in 2004. The LSFCB is headquartered in Lagos, the commercial capital and nerve center of Nigeria. It is a separate body from the National Film and Video Censors Board and has its own jurisdiction and laws.

The LSFCB was recently in the news after issuing a 30-day notice on content producers in Nigeria to duly register their content with the body. The announcement also stated that henceforth, all audio and visual content produced and sold within Lagos State shall attract the payment of 5% levy on each item. This means that even YouTube content creators and Instagram comedians in the southwestern Nigerian state of Lagos could come under the scanner of local authorities. Failure to comply with the LSFVCB directive has been threatened with severe sanctions.

Reactions to LSFVCB’s 30-day notice have been mixed. Some are questioning the Board’s authenticity and capability, and its decision to push through with the regulation. Critics feel that LSFVCB has not done its due diligence and many questions remain unanswered; the most common queries being why introduce the regressive levy during a pandemic and why is the State seeking rent on legitimate businesses and treating policy formulation as an afterthought. For creative industry practitioners, the new policy is perceived as a clear case of double taxation.

Advocates of the directive like the SIAO Partners , a Lagos-based management consultancy firm, have urged producers to comply with the regulations, saying the platform will help resolve issues related to court cases among entertainers and also foster an environment that will enable the Lagos state government to adequately fund the entertainment industry and improve the lives of the practitioners.

The Executive Director of the National Film and Video Censors Board (NFVCB) – Alhaji Adedayo Thomas conversely commented that the Lagos state bodies’ decision is not in line with the “Federal Government Ease of Doing Business” agenda of Nigeria. The NFVCB boss is urging the industry operators to ignore the policy and get on with their businesses.

Overall, the decision to make content registration mandatory and impose the 5% levy received a mixed response from various quarters.

In the most recent development , The Lagos State Government issued a statement that said there would be no 5% levy on audio and visual content of physical and digital platforms and suspended the executive secretary of the Lagos State Film and Video Censors Board. In a series of tweets by Spokesman to the Lagos State Governor, Gboyega Akosile, such a levy was not approved by the state government. Akosile noted that the “administration was not insensitive to the fact that the entertainment and tourism industry had been badly affected by the coronavirus pandemic and would not seek to inflict more pain with taxes.”

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