Advancements in information and communication technology (ICT) are catalyzing the Nigerian economy and becoming a critical driver of innovation, productivity, and growth. ICT is being utilized by both the public and private sectors to improve trade, services, and other aspects of the economy. Given the federal government's determination to transition Nigeria to a non-oil economy, it is important to identify the various ICT policy areas in Nigeria. It is equally important to identify ICT laws to help businesses and corporations leveraging ICT avert their minds to it. The following areas represent some of Nigeria's policy focus on ICT/Digital infrastructure and service:
● Data Protection
● Broadcasting
● Content Regulation
● Telecommunications
● Cybersecurity
● Competition
● Cloud Computing
● Artificial Intelligence
DATA PROTECTION
The Nigerian Data Protection Regulation ("NDPR") 2019 is the primary data protection legislation in Nigeria and is administered by the Nigerian Data Protection Bureau (NDPB). The NDPR applies to Data Controllers and Data Administrators that process the personal data of natural persons residing in Nigeria or who reside outside Nigeria but are citizens of Nigeria. In 2020, the National Assembly presented a draft copy of the Data Protection Bill to the public for review. However, the Federal Government has since abandoned this Bill, and there are significant indications that a fresh draft is in the works. Other data protection regulations are found in sector-specific laws such as the Banks and Other Financial Institutions Act 2020, the Nigerian Communications Act, Cybercrime (Prohibition and Prevention, etc.) Act and so on.
ONLINE BROADCASTING
The primary legislation on broadcasting in Nigeria is the Nigerian Broadcasting Commission Act ("NBC Act"). The National Broadcasting Commission Code 2020 (6th edition) (the “NBC Code”) is a procedural legislation that gives flesh to the Act. The NBC Code requires all individuals who seek to run "web/online broadcasting services" in Nigeria to register with the NBC and to abide by the rules of the NBC Code. The NBC Code also recognizes "international broadcasters" and requires them to follow Nigerian broadcast rules as well as international reciprocity norms. This sixth amendment to the NBC Code precisely includes requirements for local content in the broadcast sector, higher advertising revenue for local broadcast stations and content providers, and comprehensive limits on monopolistic and anti-competitive behavior.
Instructively, the NBC Code does not make specific provisions for Over-the-Top (OTT) Services, which are ways of offering television and film material over the internet on-demand and to fulfill the needs of individual consumers. These OTT services (example, Apple TV, Netflix, Internet Radio etc) are fast disrupting traditional broadcasting and are creating new channels of content creation and consumption.
However, the Nigerian government is attempting to regulate this field through a Bill known as, HB 332: A Bill to amend the National Broadcasting Commission (NBC) Act, as Nigerians constitute a large market for these OTT services and there is data to prove that Nigerians actually consume these services. The National Film and Video Censorship, Classification and Exhibition Regulatory Commission Bill 2019 (the "NFVCCERC Bill") is another Bill purporting to regulate OTT platforms in Nigeria. The Act which this Bill seeks to repeal is the enabling authority for the censoring of film and music over traditional platforms in Nigeria. The Bill will extend its regulatory purview to OTT platforms like Netflix and Apple TV.
It is important to note that the validity of the NBC Code in its entirety was recently contested before a Federal High Court sitting in Lagos in Femi Davies v. NBC, suit no.: FHC/L/CS/1152.2020 (Unreported), and the Court ruled that the NBC Code is "ultra vires, incompetent, null and void and perpetually restrained the NBC from implementing the document". Therefore, until this judgement is overturned, the NBC Code, which is the primary procedural legislation for broadcasting in Nigeria, will be legally ineffective.
CONTENT REGULATION
The journey to content regulation in Nigeria dates back to 2015 when the Frivolous Petitions Bill was introduced in the National Assembly as part of the strategy to regulate Short Messaging Services (SMS) and social media in Nigeria. This Bill was widely protested against by Nigerians and it was eventually withdrawn. In 2019, The Protection from Internet Falsehood and Manipulation Bill 2019 (also known as the Anti-Social Media Bill) which had the same intent was also introduced and the public outrage caused the Bill to be withdrawn.
Shortly thereafter, the Independent National Commission for the Prohibition of Hate Speech (Est., Etc) Bill 2019 which seeks to make "hate speech" illegal was introduced. The bill addresses ethnic discrimination, hate speech, any form of harassment based on one's ethnicity, ethnic or racial contempt, victimization discrimination, and it establishes the Independent National Commission for the Prohibition of Hate Speeches. However, it is not clear whether internet platforms, content intermediaries, or social media platforms are contemplated by the Act.
The draft Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries (“Code of Practice”) issued by the National Information Technology Development Agency (“NITDA”) in June 2022, is the Federal government's most recent attempt to regulate digital content in Nigeria. The Code of Practice applies to all “Interactive Computer Service Platforms/Internet Intermediaries” and their agents in Nigeria. Essentially, both Interactive Computer Service Platforms and Internet Intermediaries capture all forms of digital broadcasting mediums and information disseminating internet platforms, like Twitter, Facebook, TMZ and other online platforms where communication is exchanged. The Code of Practice requires these platforms to comply with Nigerian laws and to work with NITDA to censor, take down or perform other acts on online content as may be required of them by the Code of Practice and NITDA. It is important to note that the Code of Practice is still a draft and has no force of law until enacted.
TELECOMMUNICATIONS
The NCC is Nigeria's primary telecommunications regulator. The Nigerian Communications Act, 2003 ("NCA") empowers the NCC to enact subsidiary legislation in the form of regulations, guidelines, and so on to regulate telecommunications services. The Act requires anyone who wishes to operate a communications system or facility or provide a communications service to be authorized and licensed by the NCC, unless exempted from such requirements. A separate licence is usually required for each type of telecommunications activity, though a number of activities can be carried out under a single licence. Other relevant telecommunications laws include the Wireless Telegraphy Act ("WTA"), which establishes the framework for regulating the use of wireless telegraphy, the NBC Act, which governs broadcasting services in Nigeria, and the Cybercrimes (Prohibition, Prevention) Act, 2015.
CYBERSECURITY
The Cybercrimes (Prohibition, Prevention, Etc.) Act 2015 is the primary law on cybersecurity in Nigeria. The Cybercrimes Act is a criminal law and there is yet no law creating civil duties and obligations for cybersecurity in Nigeria. Other laws relevant to cybersecurity in Nigeria include: The Terrorism Prevention Act 2011 (as amended), the Guidelines for the Provision of Internet Service (“NCC Internet Service Guidelines”) issued by the NCC, and CBN's Risk-based Cybersecurity Framework and Guidelines regulating banks and other financial institutions.
COMPETITION
The principal legislation on competition in Nigeria is the Federal Competition and Consumer Protection Act (“FCCPA”) administered by the Federal Competition and Consumer Protection Commission (“FCCPC”). The FCCPA was enacted to protect consumers' interests and welfare by expanding the range of products available at competitive prices and prohibiting unethical business practices, as well as to prevent major corporations from abusing their dominant positions. The FCCPA applies to all commercial activities within or having effect in Nigeria, to all government departments and state-owned corporations, and to all commercial activities aimed at profit and satisfying public demand. Extraterritorially, it applies to any prohibited conduct by a Nigerian citizen or a person ordinarily resident in Nigeria, a corporate body registered in Nigeria or carrying on business within Nigeria, any person supplying or acquiring goods or services into or within Nigeria, and any person in relation to the acquisition of shares or assets outside Nigeria that results in the change of the business, part of the business, or any asset of the business in Nigeria. There are other sector-specific legislation that promotes competition and prevent anti-competitive practices, like the NBC Act, relevant CBN guidelines and so on.
CLOUD COMPUTING
The Nigeria Cloud Computing Policy is the only semblance of legislation in Nigeria on cloud computing. However, because policy is not law, it does not bind citizens. It only applies to all Federal Public Institutions, as well as State and Local Government Public Institutions. The Policy also applies to all corporations in Nigeria that are fully or partially owned by the Federal Government, as data generated by these intuitions is considered "Government Data." Its purpose is to assist the government in gaining access to efficient IT resources for cloud computing, particularly from local providers, allowing the public sector to improve its service delivery quality. As a result, it is effectively a local content promotion law.
ARTIFICIAL INTELLIGENCE
There is currently no law on artificial intelligence in Nigeria. However, NITDA is developing a National Artificial Intelligence Policy for Nigeria. This policy, when introduced, will hopefully set the stage for laws or regulations on artificial intelligence in Nigeria.
CONCLUSION
The preceding areas represent some sectors of Nigeria's ICT ecosystem. Other areas not covered include electronic payment, local content development etc. The purpose of this article is to demonstrate that these areas are governed by laws and to show policy makers which areas require regulation. We hope that emanating laws and the enforcement of existing laws do not stifle innovation and development.