NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
5. Audiovisual Media Services 5.1 Requirements and Authorisation Procedures The Main Requirements for Providing Audiovisual Media Services The provision of audiovisual media services in Nigeria is regulated by the National Broadcast - ing Commission (the “NBC”) under the Nation - al Broadcasting Commission Act. The NBC requires any applicant requesting a broadcasting licence to meet the following conditions. • The applicant must be a body corporate duly registered in Nigeria. • The applicant must demonstrate that they are not applying on behalf of any foreign interest. • The applicant must comply with the objec - tives of the National Mass Communication Policy as applicable to electronic media, including radio and television. • The applicant must provide an undertak - ing that the licensed station will promote the national interest, unity and cohesion and will not be used to offend religious sensibilities or promote ethnicity, sectionalism, hatred or disaffection among the Nigerian population. Video streaming platforms currently operate in a regulatory grey area with respect to licensing. However, in 2021, the government directed the NBC to commence the licensing of all over-the- top (OTT) media platforms. The National Film and Video Censors Board (the “NFVCB”) also plays a critical role in regulating films and video content distributed within Nige - ria. It issues licences to exhibit films and video works. While streaming and video-sharing plat - forms are not explicitly mentioned in the National Film and Video Censors Board Act (the “NFVCB
Requirements for Specific Categories of Data The NDPA has particular requirements for two specific categories of data: the personal data of children and sensitive personal data. Under the NDPA, an IoT company processing a child’s personal data is required to obtain veri - fiable consent from the child’s parent or legal guardian. The company must also implement robust mechanisms to verify the child’s age and the authenticity of the consent provided. Sensitive personal data means data relating to an individual’s: • genetic and biometric data, for the purpose of uniquely identifying a natural person; • race or ethnic origin; • religious or similar beliefs, such as those reflecting conscience or philosophy; • health status; • sex life; • political opinions or affiliations; and • trade union memberships. Companies, including IoT companies, are pro - hibited from processing sensitive personal data except under the following conditions: • the data subject has given explicit consent, which has not been withdrawn; • the processing is necessary to protect the vital interests of the data subject or another person, especially where the data subject is physically or legally unable to provide con - sent; or • the processing is necessary for the establish - ment, exercise, or defence of a legal claim, the provision of legal advice or the conduct - ing of legal proceedings.
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