The National Information Technology Development Agency (NITDA) has made available for public reading and comment a Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries.
The Agency cited Section 6 of the NITDA Act of 2007, which grants it the authority to standardize, coordinate, and implement regulatory frameworks for all Information Technology (IT) operations in Nigeria.
According to a statement signed by Mrs. Hadiza Umar, Head of Corporate Affairs and External Relations at NITDA, the code of practice was developed in accordance with NITDA’s mandates and President Muhammadu Buhari’s directive to develop a Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries (Online Platforms), in collaboration with relevant Regulatory Agencies and Stakeholders.
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In accordance with the directive, NITDA proposes to present to the public for additional assessment and input a Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries.
“The objective of the Code of Practice is to defend the fundamental human rights of Nigerians and non-Nigerians residing in the country, as well as to establish norms for interacting within the digital ecosystem.
This conforms to worldwide best practices as found in democratic nations such as the United States, the United Kingdom, the European Union, and the United Nations.
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She stated that the Code of Practice was created in partnership with the Nigerian Communications Commission (NCC) and National Broadcasting Commission (NBC), with input from Interactive Computer Service Platforms like Twitter, Facebook, WhatsApp, Instagram, Google, and Tik Tok, among others.
Other key stakeholders with specialized expertise in this area, such as Civil Society Organizations and expert groups, were consulted.
“The consultation results were appropriately included into the draft code of practice.”
The new worldwide truth is that the activities undertaken on these Online Platforms have a tremendous impact on our society, social interactions, and economic decisions.
Umar stated, “Therefore, the Code of Practice is an intervention to realign the relationship between Online Platforms and Nigerians in order to maximize mutual advantages for our nation while creating a sustainable digital economy.”
In addition, the Code of Practice establishes safeguards to protect the safety and well-being of Nigerians when communicating on these platforms.
“It seeks to hold Online Platforms accountable for unlawful and harmful content on their Platforms. In addition, it offers a comprehensive framework for coordinated efforts to safeguard Nigerians from online harms such as hate speech, cyberbullying, and disinformation and/or misinformation. Similarly, to ensure compliance with the Code of Practice, NITDA wishes to inform all Interactive Computer Service Platforms/Internet Intermediaries operating in Nigeria that the Federal Government of Nigeria has established operating requirements in the country,” she added.
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In accordance with Nigerian law, these criteria address legal registration of operations, taxation, and the management of forbidden publication. The following are the conditions:
- Establish a legal entity, i.e., register with the Corporate Affairs Commission (CAC);
- Appoint a designated country representative to interface with Nigerian authorities;
- Adhere to all regulatory requirements after establishing a legal presence;
- Comply with all applicable tax obligations on its operations under Nigerian law;
- Provide a comprehensive compliance mechanism to prevent publication of prohibited content and unethical behavior on their platform; and
- Provide information to a Nigerian government agency.
The Draft Code of Practice is available for public reading and input on the NITDA website.
Umar stated, “The Federal Government reaffirms its commitment to ensuring that Nigeria fully exploits the potentials of the Digital Economy and protects the security and interests of its citizens within the digital ecosystem.”
Charles Rapulu Udoh
Charles Rapulu Udoh is a Lagos-based lawyer, who has several years of experience working in Africa’s burgeoning tech startup industry. He has closed multi-million dollar deals bordering on venture capital, private equity, intellectual property (trademark, patent or design, etc.), mergers and acquisitions, in countries such as in the Delaware, New York, UK, Singapore, British Virgin Islands, South Africa, Nigeria etc. He’s also a corporate governance and cross-border data privacy and tax expert.
As an award-winning writer and researcher, he is passionate about telling the African startup story, and is one of the continent’s pioneers in this regard. You can book a session and speak with him using the link: https://insightsbyexperts.com/view_expert/charles-rapulu-udoh