NIGERIA
Since February 2011
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Guidelines for the Provision of Internet Service
The Guidelines for the Provision of Internet Service published by the Nigerian Copyright Commission (NCC) establishes a safe harbour regime for intermediaries beyond copyright infringements. 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 restrict 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
Sources
- https://web.archive.org/web/20230118004212/https://www.ncc.gov.ng/docman-main/legal-regulatory/guidelines/62-guidelines-for-the-provision-of-internet-service/file
- https://web.archive.org/web/20240705074432/https://www.apc.org/sites/default/files/Intermediary_Liability_in_Nigeria_0.pdf
- https://www.researchgate.net/publication/373210958_Legal_Framework_for_the_Regulation_of_Internet_Service_Providers_in_Nigeria
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NIGERIA
Reported in 2020, last reported in 2023
Pillar Intermediary liability |
Indicator 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. It is reported that this requirement is still in place.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://www.mondaq.com/nigeria/government-contracts-procurement--ppp/1038136/expatriates-to-obtain-nigerias-national-identity-number-nin
- https://web.archive.org/web/20220801065227/https://nimc.gov.ng/docs/reports/nimc_act.pdf
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NIGERIA
Since January 2019
Pillar Intermediary liability |
Indicator 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 mandates 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 utilise free internet connections.
Coverage Public internet access providers
NIGERIA
Reported in 2017, last reported in 2024
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In recent years, the Nigerian government has reportedly blocked access to certain social media platforms and political content online. For example, in June 2021, the government ordered the blocking of X (formerly Twitter) on most major networks. The platform became accessible again in January 2022, after the company reportedly agreed to several government conditions, including establishing a local office, appointing a designated country representative, and paying taxes in Nigeria. In February 2024, authorities instructed service providers to block access to cryptocurrency trading websites such as Binance, OctaFX, and Coinbase. Additionally, Patreon—a platform that enables users to subscribe to content from creators—showed signs of being blocked on multiple ISPs in Nigeria throughout 2023 and 2024.
Coverage Social media plaforms and cryptocurrency trading websites
NIGERIA
Since June 2021
Pillar Content access |
Indicator 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 all social media platforms and online broadcasting service providers in Nigeria to apply for the broadcast licence through a newspaper advertorial. 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 NBC, while Nigerian social media companies that sought to register reported inaction by the regulator. It has further been reported that NBC could not process the applications due to a lack of a licensing framework and capacity to enforce the directive.
Coverage Online broadcasting services and social media platforms
Sources
- https://web.archive.org/web/20211129172911/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://web.archive.org/web/20231208052308/https://punchng.com/lack-of-guidelines-stops-nbc-licence-for-facebook-instagram-others/
- https://web.archive.org/web/20221020062501/https://www.premiumtimesng.com/news/headlines/466900-despite-widespread-criticism-nigerian-govt-commences-social-media-regulation.html
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NIGERIA
Since December 2013, last amended in August 2019
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
Entities seeking to provide communication services or facilities in Nigeria are subject to a licensing requirement. According to Section 10.3 of the Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), Software Multinational Companies and Original Equipment Manufacturers must negotiate Universal License Agreements (ULA) with the National Information Technology Development Agency (NITDA) and offer these licenses and services to the public sector under terms agreed upon with the agency.
Coverage Foreign software companies
NIGERIA
Since March 2018
Since July 2003
Since July 2003
Pillar Content access |
Indicator 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 online and normally at extra cost. The following classes of services are recognised as value-added services:
- Information services/Content: news, updates, data, quizzes, games, ringtones, video streaming, alerts, product information, call centre, database access;
- Interactive services/ applications: charting, contest participation, e-voting, e-government, text-to-win, polls and surveys, coupons, online 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 that a communications system or facility provider operate under a specific license unless exempted under the Act.
- Information services/Content: news, updates, data, quizzes, games, ringtones, video streaming, alerts, product information, call centre, database access;
- Interactive services/ applications: charting, contest participation, e-voting, e-government, text-to-win, polls and surveys, coupons, online 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 that a communications system or facility provider operate under a specific license unless exempted under the Act.
Coverage Value-added services
Sources
- https://web.archive.org/web/20221129100723/https://www.ncc.gov.ng/docman-main/licensing-documents/licensing-frameworks/791-value-added-service-aggregator/file
- https://web.archive.org/web/20231213211626/https://www.ncc.gov.ng/docman-main/licensing-documents/licensing-frameworks/194-value-added-services/file
- https://web.archive.org/web/20230224082422/https://ncc.gov.ng/documents/128-nigerian-communications-act-2003/file
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NIGERIA
Since February 2022
Pillar Content access |
Indicator 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 |
Indicator Licensing schemes for digital services and applications
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
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 register their products, capabilities and organisation at the National Digital Marketplace (NDP) and NITDA portal for International Software Vendors.
Coverage Indigenous software development and software-enabled products and services
NIGERIA
Since January 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Nigeria has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
NIGERIA
Since June 2023
Since January 2019
Since January 2019
Pillar Domestic data policies |
Indicator Framework for data protection
Nigerian Data Protection Act, 2023
Nigeria Data Protection Regulation 2019
Nigeria Data Protection Regulation 2019
The Data Protection Act establishes a comprehensive regime for data protection in Nigeria, providing a legal framework for safeguarding personal information and creating the Nigeria Data Protection Commission (NDPC). Aligning with international standards, the Act sets forth principles for the processing of personal data, specifying requirements for handling sensitive information and children's data. Additionally, it mandates data controllers to conduct Data Protection Impact Assessments, appoint data protection officers, notify breaches, and adhere to data security protocols. The Act also imposes restrictions on cross-border data transfers, adopting the concept of adequate protection. Furthermore, it grants data subjects rights such as the right to object, withdraw consent, data portability, and protection from decisions based solely on the automated processing of personal data.
Before the enactment of the Data Protection Act, the Nigerian Data Protection Regulation served as the primary regulation for data protection. Although enforceable, it remains a subsidiary legislation.
Before the enactment of the Data Protection Act, the Nigerian Data Protection Regulation served as the primary regulation for data protection. Although enforceable, it remains a subsidiary legislation.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240207062905/https://ndpc.gov.ng/Files/Nigeria_Data_Protection_Act_2023.pdf
- https://web.archive.org/web/20230128054440/https://www.dataguidance.com/jurisdiction/nigeria
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=ng
- https://web.archive.org/web/20240920052245/https://www.dataguidance.com/sites/default/files/nigeriadataprotectionregulation11.pdf
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NIGERIA
Since December 2013, last amended in August 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
In 2013, the National Information Technology Development Agency (NITDA) promulgated guidelines on Nigerian content in information and communications technology, with subsequent amendments in 2019. These guidelines apply to both state entities and private enterprises. The guidelines mandate that multinational companies provide verifiable information and sign affidavits regarding the origin, safety, source, and functioning of software sold and deployed within Nigeria to "ascertain the full security of the product and protect national security." This requirement also aims to ensure the security of source code, though it remains unclear whether this could potentially result in the disclosure of the source code.
Coverage Software
Sources
- https://web.archive.org/web/20220706015400/https://nitda.gov.ng/wp-content/uploads/2020/11/GNCFinale2211.pdf
- https://web.archive.org/web/20211204053055/https://iclg.com/practice-areas/digital-business-laws-and-regulations/nigeria
- https://web.archive.org/web/20201127142159/https://www.dlapiperintelligence.com/goingglobal/intellectual-property/index.html?t=trade-secrets
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NIGERIA
Since 2015
Pillar Domestic data policies |
Indicator Minimum period for data retention
CyberCrime Act, 2015
Section 38 of the CyberCrime Act requires communication service providers to keep traffic data and subscriber information for two years.
Coverage Communication Service providers
NIGERIA
Since January 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Lawful Interception of Communications Regulations, 2019
Rule 11.1 of the Lawful Interception of Communications Regulations, 2019 prohibits licensees from providing any communications services that cannot be monitored and intercepted. Further, Rule 9.1 of the same regulations states that where communication intercepted is encrypted, the communications service provider is required by the regulator to provide the key, code or access to the encrypted communication.
Coverage Telecommunications sector
NIGERIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Nigeria has no rules applicable to the protection of trade secrets.
Coverage Horizontal
