NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
or distributing obscene or pornographic content through TikTok carries legal consequences. National Broadcasting Commission Act The broadcasting laws prohibit the broadcast of contents that contain hate speech or contents that incite violence. Broadcasts should also not contain contents that promote discrimination on the grounds of ethnicity, religion, gender, etc. The use of social media platforms to violate these requirements attracts penalties. The NDPA and NDPR The disclosure of someone’s personal data on social media without authorisation and without any lawful basis can lead to legal actions under the NDPA. Consequently, users of social media must adhere to the NDPA and NDPR. The social media platforms must also comply with the NDPA and NDPR and ensure that users’ per - sonal data is secured and processed in line with the NDPA. Advertising Regulatory Council of Nigeria Act 2022 This Act governs advertising in Nigeria, extend - ing its scope to online advertisements. Under its provisions as well as the provisions of the Nigerian Code of Advertising Practice, advertis - ers are required to obtain prior approval from the ASP before any advertisement is made available to the Nigerian market. Key Legal Challenges With respect to social media, the key legal chal - lenges are as follows. • Nigeria lacks specific laws that seek to address the legal issues around social media. The absence of specific regulations means that social media platforms will have to navi -
gate a number of regulatory regimes in order to operate effectively. • The large number of social media users and the large number of content that is frequently shared on social media platforms makes it challenging for regulatory bodies to monitor and enforce legal norms. 10.2 Regulatory and Compliance Issues Primary Social Media Regulatory Bodies The NITDA The NITDA oversees the IT sector, including social media platforms. It also promotes the ethi - cal use of technology, including social media. Its enforcement powers include investigations of complaints of violations of the law related to social media platforms and issuing take down orders. The NBC Traditionally focused on radio and television broadcast, the NBC has extended its oversight to digital media. Its enforcement powers include issuing take down orders and removing false information likely to cause public disorder. The NDPC The NDPC ensures that social media platforms collect and process users’ data transparently and lawfully. It mandates platforms to inform users about the purpose and use of their data. Its enforcement powers include investigating any complaints related to data protection viola - tions, conducting inspections of entities, issu - ing orders and directives and imposing penalties and fines.
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