NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
1. Digital Economy 1.1 Key Challenges
commits an offence. This provision has been utilised by law enforcement agen - cies to prosecute individuals for sharing false information on social media plat - forms. The application of this provision in these cases has raised concerns about its effect on the right to freedom of expres - sion. In 2024, an amendment was intro - duced, stipulating that for an individual to be convicted of cyber stalking, the false message must be intended to cause a breakdown of law and order or pose a threat to life. • The National Information Technology Devel - opment Agency Act 2007 (the “NITDA Act”). The NITDA Act establishes the National Information Technology Development Agency (the “NITDA”), which is empowered to cre - ate a framework for planning, development, standardisation, monitoring, evaluation and regulation of information technology practices in Nigeria by developing standards, guidelines and regulations for the Nigerian digital econo - my. The NITDA is also empowered to develop guidelines for electronic governance and to monitor the use of electronic data interchange and other forms of electronic communication transactions. In line with its functions, the NITDA has issued a number of guidelines and policies that regulate the digital economy, one of which is the Code of Practice for Interac - tive Computer Service Platforms/Internet Intermediaries (the “Code”). Recognising the increasing shift of services to online plat - forms, the NITDA issued the Code to: (a) establish best practices for platforms and internet intermediaries; (b) enhance safety within the digital ecosys - tem for persons residing in Nigeria; and (c) set out measures to address online harms, including disinformation and misinformation. The Code specifically
Laws, Regulations and Industry Codes of Conduct Regulating the Digital Economy Nigeria does not have a specific law that governs the digital economy, although a Digital Economy and E-Governance Bill is currently being con - sidered by the National Assembly. Nevertheless, there are several laws and regulations that sig - nificantly impact the digital economy in Nigeria, including the following. • The Cybercrimes (Prohibition, Prevention, etc) Act 2015 (as amended in 2024) (the “Cyber - crimes Act”). The Cybercrimes Act provides a comprehensive framework for the protection of computer systems and networks, elec - tronic communications, data and computer programs. It aims to: (a) promote effective implementation of cybersecurity policies and practices; and (b) protect computer systems and networks by criminalising acts such as unauthor - ised interference with computer systems, unlawful access to a computer, system interference, interception of electronic messages, tempering with systems and infrastructure designated as critical infrastructure, computer-related forgery and fraud, identity theft and breach of confidence by service providers. Under the Cybercrimes Act, cyber stalking was made a criminal offence. Section 24(1) (b) of the Cybercrimes Act states that any person who knowingly or intention - ally sends a false message by means of computer systems or networks for the purpose of causing annoyance, inconven - ience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another person
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