NIGERIA
Since 2007
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Third Party Certification
Circular Number TED/FEM/FPC/GEN/01/008 dated July 30, 2013, issued by the Trade and Exchange Department on circular, provides a list of International Accredited Firms approved to provide third-party (offshore) conformity assessment on behalf of Standards Organisation of Nigeria (SON). Seven categories of products are exempted from the Standards Organization of Nigeria Conformity Assessment Program (SONCAP Certificate), however, electrical and electronic products are not part of the list.
Coverage Horizontal
Sources
- https://www.cbn.gov.ng/out/2013/ted/new%20standards%20organisation%20of%20nigeria%20conformity%20assessment%20programme%20(soncap).pdf
- https://www.cbn.gov.ng/OUT/CIRCULARS/TED/2007/TED.FEM.FPC.GEN.01.091.07.PDF
- https://www.sgs.com/-/media/global/documents/flyers-and-leaflets/sgs-gis-pca-triptych-nigeria-a4-en-16-02.pdf
- https://www.exports-to-nigeria.com/en/product-list
- Show more...
NIGERIA
Since 2003
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Nigerian Communication Act, 2003
Self-certification is not allowed in Nigeria for Radio and Telecommunication equipment. Section 4 (1)(n) of the Nigerian Communications Act of 2003 mandates the Nigerian Communications Commission (NCC) to carry out type approval tests on communications equipment and issue certificates based on relevant technical specifications and standards. Otherwise, selling or installation of any communications equipment or facilities without first obtaining the Commission’s type approval test certificate is an offense, and on conviction punishable by a fine or imprisonment, or both fine and imprisonment.
Coverage Radio and telecommunication equipment
NIGERIA
Since December 2013, last amended in August 2019
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), 2019
According to Section 9.3 of the Guidelines for Nigerian Content in Information and Communication Technology 2019, Hardware Multinational Companies and Original Equipment Manufacturers (OEMs) of ICT products are required to provide a detailed local content development plan for the creation of jobs, recruitment of Nigerians, human capital development, use of indigenous ICT products and services for value creation.
The Guidelines further provide the minimum local content threshold in indigenous ICT products for compliance by the indigenous manufacturers. Under Section 9.1 (3), OEMs have an obligation to maintain at least 40% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain. While section 9.2 (4) mandates Indigenous Original Design Manufacturers (ODMs) of ICT products to maintain at least 70% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain.
Similar requirements for Hardware Multinational Companies, OEMs, and ODMs were provided in the 2013 Guidelines for Nigerian Content Development in ICT which have been revised or maintained in the amended 2019 Guidelines. The threshold for local content from local manufacturers is revised down for OEMs from 50% in 2013 to 40% in 2019, and for ODMs, this has been adjusted upwards from 50% in 2013 to 70% in the 2019 Guidelines. Provisions maintained include the requirement for the local content development plan.
The Guidelines further provide the minimum local content threshold in indigenous ICT products for compliance by the indigenous manufacturers. Under Section 9.1 (3), OEMs have an obligation to maintain at least 40% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain. While section 9.2 (4) mandates Indigenous Original Design Manufacturers (ODMs) of ICT products to maintain at least 70% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain.
Similar requirements for Hardware Multinational Companies, OEMs, and ODMs were provided in the 2013 Guidelines for Nigerian Content Development in ICT which have been revised or maintained in the amended 2019 Guidelines. The threshold for local content from local manufacturers is revised down for OEMs from 50% in 2013 to 40% in 2019, and for ODMs, this has been adjusted upwards from 50% in 2013 to 70% in the 2019 Guidelines. Provisions maintained include the requirement for the local content development plan.
Coverage Manufacturers of ICT products
NIGERIA
Since December 2013, last amended in August 2019
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), 2019
Section 11.1 of the Guidelines for Nigerian Content in Information and Communication Technology 2019 (Amendment) mandates Telecommunication Service Providers (TSPs) to:
-use locally developed or manufactured software components, equipment, cables, and devices for the provision of communication services;
-use indigenous companies to build network infrastructure (both active and passive). These include but not limited to cell sites towers, base stations, cables, software, network equipment and ensure that at least 80% of the value and volume are locally sourced;
- use indigenous companies for the provision of at least 80% of all Value Added Services and network services on the networks. They must also ensure that such companies are creating at least 80% of the volume and value of services provided locally.
The restrictions also existed in the 2013 Guidelines on Nigerian Content Development in ICT such as the obligation for all ICT companies (including telecommunication companies) to use only locally manufactured SIM cards for data and telephony services, and host their websites on a ".ng" top-level domain. These requirements are no longer in the amended Guidelines. On the other hand, the requirement for ICT companies to use local companies’ networks for at least 60% of all value-added services, as well as source at least 50% of value-added services locally from a Nigerian company, has been revised upwards to 80% in the 2019 Guidelines (Section 11.1).
-use locally developed or manufactured software components, equipment, cables, and devices for the provision of communication services;
-use indigenous companies to build network infrastructure (both active and passive). These include but not limited to cell sites towers, base stations, cables, software, network equipment and ensure that at least 80% of the value and volume are locally sourced;
- use indigenous companies for the provision of at least 80% of all Value Added Services and network services on the networks. They must also ensure that such companies are creating at least 80% of the volume and value of services provided locally.
The restrictions also existed in the 2013 Guidelines on Nigerian Content Development in ICT such as the obligation for all ICT companies (including telecommunication companies) to use only locally manufactured SIM cards for data and telephony services, and host their websites on a ".ng" top-level domain. These requirements are no longer in the amended Guidelines. On the other hand, the requirement for ICT companies to use local companies’ networks for at least 60% of all value-added services, as well as source at least 50% of value-added services locally from a Nigerian company, has been revised upwards to 80% in the 2019 Guidelines (Section 11.1).
Coverage Telecommunications sector
NIGERIA
Since December 2013, last amended in August 2019
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), 2019
Section 10 of the Guidelines for Nigerian Content Development in Information and Communication Technology stipulates that indigenous software development and software-enabled products and services to register their products, capabilities and organisation at the the National Digital Marketplace (NDP) and NITDA portal for International Software Vendors.
Coverage Indigenous software development and software-enabled products and services
NIGERIA
Since March 2018
Since August 2003
Since August 2003
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Value-Added Services and Aggregator Framework (Amended), 2018
Nigerian Communications Act 2003
Nigerian Communications Act 2003
Within Section 2.3 of the Value Added Services and Aggregator Framework of 2018, any company in Nigeria is barred from offering any Value Added Service without an appropriate license by the Nigerian Communications Commission (NCC). In the Framework, the definition of Value Added Service is any network-based service other than voice conversation that is provided in the form of text, video, graphics, picture, multimedia or data for the purpose of conveying information or executable content either downloaded or accessed on line and normally at extra cost. The following classes of services are recognised as value added services:
- Information services/Content: news, updates, data, quiz, games, ringtones, video streaming, alerts, product information, call center, database access;
- Interactive services/ applications: charting, contest participation, e-voting, egovernment, text –to-win, polls and surveys, coupons, on-line games, promotions, prepaid calling card service, call directory, location-based services;
- Commerce: e-banking, mobile money, e-health, telemarketing, e-ticketing.
This provision is in line with the Nigerian Communications Act, 2003 (Section 31.1) which mandates a communications system or facility providers to operate under a specific license unless exempted under the Act.
- Information services/Content: news, updates, data, quiz, games, ringtones, video streaming, alerts, product information, call center, database access;
- Interactive services/ applications: charting, contest participation, e-voting, egovernment, text –to-win, polls and surveys, coupons, on-line games, promotions, prepaid calling card service, call directory, location-based services;
- Commerce: e-banking, mobile money, e-health, telemarketing, e-ticketing.
This provision is in line with the Nigerian Communications Act, 2003 (Section 31.1) which mandates a communications system or facility providers to operate under a specific license unless exempted under the Act.
Coverage Value-added services
Sources
- https://www.ncc.gov.ng/docman-main/licensing-documents/licensing-frameworks/791-value-added-service-aggregator/file
- https://www.ncc.gov.ng/docman-main/licensing-documents/licensing-frameworks/194-value-added-services/file
- https://ncc.gov.ng/documents/128-nigerian-communications-act-2003/file
- Show more...
NIGERIA
Since 2022
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Insurance Web Aggregators Operational Guidelines of February, 2022
According to Section 4 of the Insurance Web Aggregators Operational Guidelines, the provision of Web-based insurance business, as well as Insurance Web aggregators services, is subject to licensing by the National Insurance Commission of Nigeria (NAICOM). A web aggregator is defined in Section 2 as any website that provides resources and information on products and pricing of insurance companies and offers leads to an insurance company.
Coverage Insurance web aggregators
NIGERIA
Since December 2013, last amended in August 2019
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), 2019
There is a license requirement for entities that seek to provide communication services or facilities in Nigeria. Section 10.3 of the Guidelines for Nigerian Content Development in Information and Communication Technology (ICT) mandates Software Multinational Companies and Original Equipment Manufacturers to negotiate Universal License Agreements (ULA) with the National Information Technology Development Agency (NITDA) and offer the licenses and services to the public sector on terms agreed.
Coverage Providers of communication services and facilities
NIGERIA
Since June 2021
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Newspaper advertorial by National Broadcasting Commission (NBC)
It is reported that on 10 June 2021, the National Broadcasting Commission (NBC) asked through a newspaper advertorial all social media platforms and online broadcasting service providers in Nigeria to apply for the broadcast licence. The advertorial states that the request is in line with provisions of the National Broadcasting Act of 2004, Section 2(1)(b) which gives the NBC the responsibility of "receiving, processing and considering applications for the establishment, ownership or operation of Radio & Television Stations including cable television services, Direct Satellite Broadcast (DSB), and any medium of Broadcastings." In addition, in 2021, it was reported that the major global social media platforms had not registered with the NBC, while Nigerian social media companies that sought to register reported inaction by the regulator. It has further been reported that the NBC could not process the applications due to lack of a licensing framework and capacity to enforce the directive.
Coverage Online broadcasting services and social media platforms
Sources
- https://www.proshareng.com/news/TECH%20REGULATIONS%20&%20GOVT/NBC-Directs-Every-OBS-Provider-and-Social-Media-Platforms-to-Obtain-Service-Licence/57605
- https://freedomhouse.org/country/nigeria/freedom-net/2021
- https://punchng.com/lack-of-guidelines-stops-nbc-licence-for-facebook-instagram-others/
- https://www.premiumtimesng.com/news/headlines/466900-despite-widespread-criticism-nigerian-govt-commences-social-media-regulation.html
- Show more...
NIGERIA
Reported in 2017, 2020, 2021
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
There are reports of blocking commercial content since 2017. The most recent instances include that, in January 2021, the news website Peoples Gazette was blocked on mobile internet services provided by Airtel, MTN, 9mobile, and Glo. Samuel Ogundipe, the website’s managing editor, alleged that the government ordered the block in reaction to the outlet’s October 2020 investigation into the professional competency of President Buhari’s chief of staff. As of July 2021, the Peoples Gazette was accessible at a different URL.
On 5 June 2021, the Nigerian government ordered Twitter to be blocked on most major networks. Days earlier, the platform had deleted a post from Buhari’s account and suspended the account for 12 hours, on the basis that the post violated rules on abusive behavior. Additionally, the post seemed to threaten violence against Biafran secessionists. The government subsequently threatened to prosecute Nigerians accessing Twitter through circumvention tools and ordered media organizations to stop using the platform. The Government of Nigeria lifted the suspension of the Twitter operations in Nigeria since midnight of 13 January 2022.
In November 2020, the website of the Feminist Coalition, radioisiaq.com, and endsars.com were blocked. The websites, which remained inaccessible on mobile networks as of July 2021, belong to organizations that played prominent roles during the October #EndSARS protests led by youth across Nigeria.
On 5 June 2021, the Nigerian government ordered Twitter to be blocked on most major networks. Days earlier, the platform had deleted a post from Buhari’s account and suspended the account for 12 hours, on the basis that the post violated rules on abusive behavior. Additionally, the post seemed to threaten violence against Biafran secessionists. The government subsequently threatened to prosecute Nigerians accessing Twitter through circumvention tools and ordered media organizations to stop using the platform. The Government of Nigeria lifted the suspension of the Twitter operations in Nigeria since midnight of 13 January 2022.
In November 2020, the website of the Feminist Coalition, radioisiaq.com, and endsars.com were blocked. The websites, which remained inaccessible on mobile networks as of July 2021, belong to organizations that played prominent roles during the October #EndSARS protests led by youth across Nigeria.
Coverage Several websites including Naij.com, Twitter.com, radioisiaq.com
Sources
NIGERIA
Reported in 2020
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
On 15 December 2020, the Federal Government of Nigeria (FGN) directed that all SIMs should be registered with valid National Identification Numbers (NINs). SIMs failing this requirement have to be blocked by the service providers. The National Identification Management Commission (NIMC) confirmed that the NIN registration applied to all Nigerians and legal residents in Nigeria as provided under the NIMC Act of 2007. Section 5 of the NIMC Act of 2007 empowers NIMC to create a national database, harmonise existing ones and register eligible persons.
Coverage Telecommunications sector
NIGERIA
Since 2019
Pillar Intermediary liability |
Sub-pillar User identity requirement
Framework and Guidelines for Public Internet Access (PIA) of 2019
Section 2.3 of the Framework and Guidelines for Public Internet Access mandate Public Internet Access Providers (PIAPs) to ensure that every user goes through a registration process to acquire an access code for the purpose of public internet access after verification through the user’s mobile number which is the unique Login ID. This measure eliminates anonymity for those who utilize free internet connections.
Coverage Public internet access providers
NIGERIA
Since 2003
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Guidelines for the Provision of Internet Service
Intermediary liability is addressed in the Guidelines for the Provision of Internet Service published by the Nigerian Copyright Commission (NCC), pursuant to Section 70(2) of the Nigerian Communications Act of 2003. According to Section 11 of the Guidelines, an Internet Service Provider as a content intermediary is not liable for internet content transmission or information storage as long as it does not modify or interfere with the content, and acts without delay to remove or disable access to the information on receipt of any takedown notice, or on becoming aware that the information at the initial source of the transmission has been removed or disabled.
Coverage Internet intermediaries
NIGERIA
Since 2003
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Guidelines for the Provision of Internet Service
Intermediary liability is addressed in the Guidelines for the Provision of Internet Service published by the Nigerian Copyright Commission (NCC), pursuant to Section 70(2) of the Nigerian Communications Act of 2003. According to Section 11 of the Guidelines, an Internet Service Provider as a content intermediary is not liable for internet content transmission or information storage as long as it does not modify or interfere with the content, and acts without delay to remove or disable access to the information on receipt of any takedown notice, or on becoming aware that the information at the initial source of the transmission has been removed or disabled.
Coverage Internet intermediaries
NIGERIA
Since 2019
Pillar Domestic Data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Lawful Interception of Communications Regulations, 2019
Section 8 of the Lawful Interception of Communications Regulations of 2019 provides grounds to law enforcers to access data from service providers without obtaining a warrant. This is particularly where: (a) one of the parties to the communication has consented to the interception, provided that incontrovertible proof of such consent is available ; (b) it is done by a person who is a party to the communication, and has sufficient reason to believe that there is a threat to human life and safety; (c) in the ordinary course of business, it is required to record or monitor such communication.
In Section 11, licensees are prohibited from providing any communications services that cannot be monitored and intercepted. Section 19 mandates agencies which order interceptions to keep a logbook of all interceptions and to submit reports to the Attorney General in the first quarter of every year. The penalty for failure to render interception assistance to government agencies is a fine of equivalent to USD 12,273 or license revocation.
In Section 11, licensees are prohibited from providing any communications services that cannot be monitored and intercepted. Section 19 mandates agencies which order interceptions to keep a logbook of all interceptions and to submit reports to the Attorney General in the first quarter of every year. The penalty for failure to render interception assistance to government agencies is a fine of equivalent to USD 12,273 or license revocation.
Coverage Horizontal