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Nigeria Orders Twitter, Others to Delete Porn Posts Within 24 Hours

June 15, 2022

The Federal Government of Nigeria has ordered online interactive platforms, such as Twitter, WhatsApp, Facebook, Instagram, and TikTok to ensure that they remove, disable or block access to any non-consensual content, which displays partial or full nudity, sexual acts, deep fake or revenge porn within 24 hours.

This order was included in the recently released Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries (online platforms).

According to the document, these online platforms have to “act expeditiously to remove, disable, or block access to non-consensual content that exposes a person’s private areas, full or partial nudity, sexual act, or revenge porn, where such content is targeted to harass, disrepute, or intimidate an individual. A Platform must acknowledge the receipt of the complaint and take down the content within 24 hours.”

The Code of Practice also directs these platforms to take down any unlawful content upon receiving a notice from a user, or an authorised government agency.

The platforms were also asked to exercise due diligence to ensure that no unlawful content is uploaded to their platform.

The National Information Technology Development Agency announced the release of the Code of Practice on Monday.

The Code of Practice was developed by NITDA alongside the Nigerian Communications Commission and the National Broadcasting Commission, with input from platforms such as Twitter, Facebook, WhatsApp, Instagram, Google, and Tik Tok.

Aside from asking each online platform to have a country representative, who will interface with the Nigerian authorities, it also requires any platform with over 100,000 Nigerian users to have an office in Nigeria.

Other conditions include registering with the Corporate Affairs Commission as a legal entity, complying with tax obligations, abiding by regulatory and legal demands, and providing information about users on-demand, among others.

According to NITDA, the Code of Practice is aimed at safeguarding the fundamental human rights of Nigerians and non-Nigerians living in Nigeria, and regulating interactions on the online platform.

Kelechi Deca

Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry

Nigeria’s NITDA Issues ISP, OTT, Social Media Code of Practice; Requests Review and Input

June 14, 2022

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.

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.

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.

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.”

Started With Just $300, Tunisian Edtech Startup GOMYCODE Is Now Worth Over $60M. Here’s What Its 23-year-old Founder Did

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

Nigeria Agency Says Blockchain Tech is Needed For Digital Transformation

December 13, 2021

Director General of the National Information Technology Development Agency, Kashifu Inuwa

The Nigerian agency in-charge of technology development has said that blockchain tech is needed for digital transformation not only in Nigeria but also in Africa. The Director General of the National Information Technology Development Agency, Kashifu Inuwa said that Blockchain technology supports the digital transformation agenda of the Agency and will facilitate the development of Nigeria into a Digital Economy.

The DG spoke at the Abuja Blockchain and Crypto-Assets Conference/Exhibition 2021 held at Sheraton Hotel, Abuja where he delivered a keynote address stating that Blockchain Technology acquaints people with vast opportunities and helps overcome challenges.

According to the DG, Blockchain is an emerging technology that provides a secure distributed ledger platform for seamless transactions which can lead to new opportunities that can benefit industries through greater transparency, enhanced security and easier traceability. He said NITDA, through its Strategic Roadmap and Action Plan (SRAP) is committed to promoting emerging technologies with the purpose of building a healthy and enviable IT ecosystem.

Inuwa however expressed concerns on the need to enforce regulations that will protect citizens and ensure fair markets without stifling innovation as the Agency’s commitment to implementing regulatory instruments and implementation strategies will drive adoption of technology by both public and private sectors.

“I am glad to say that, NITDA’s efforts towards the development of a National Blockchain Adoption Strategy document advances the efforts of Mr President and the Federal Ministry of Communication and Digital Economy in creating and fostering an efficient, safe, and economically productive and viable Digital Nigeria using the Blockchain Technology”, the DG averred.

He remains optimistic that the developed strategy for Blockchain will unleash potentials in all sectors leading to improved efficiency, transparency and accountability in governance.

“Blockchain Technology would surely key into the Economic Recovery and Growth Plan of the Federal Government by increasing the contribution of ICT and innovation to the Gross Domestic Product (GDP)”, he said.

While giving assurances of NITDA’s utmost support to the technology and innovation ecosystem, the DG noted that technology policies, frameworks and guidelines are important parameters in building a lucrative IT industry.

Inuwa then urged participants at the event to brainstorm and develop initiatives that will assist the government on devising best ways and practises to help surmount challenges faced by the country.

“We must not be defined by our current challenges, they are not who we are, we are bigger than them, we must be defined by our dreams and aspirations, we must be defined by what we can achieve”, the DG concluded.

Kelechi Deca

Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry

A Controversial New Bill On Tech Companies In Nigeria Is Still Pushing Ahead. Here Is The Latest

August 30, 2021

Barring any further changes and amendments to a recently leaked bill on technology companies in Nigeria, Nigeria’s National Information Technology Development Agency (NITDA), a regulator in charge of regulating, among other things, transfer of technology and data protection, is set to go ahead to initiate processes to enact the bill into law. According to a statement from the agency, the need to repeal the existing Act became necessary with the launch of the National Digital Economy Policy and Strategy (NDEPS), which effectively replaced the Nigerian National IT Policy, 2000.

“NITDA, as the apex regulator of the IT sector, will leverage the proposed NITDAs Bill to extensively engage with crucial IT stakeholders and protect its stakeholders’ interests in the best possible way. However, this can only be achieved through more excellent connectivity and collaboration by registration and licensing processes. Considering the importance of the NITDA proposed Bill. The Bill will be presented to the National Assembly as an Executive Bill,” a statement from the agency reads in part.
Read also:Binary Innovative Technology Solutions on a Drive to Support its Growth

According to the agency, the enactment of the bill into law will follow the process listed below:

The Agency initiates the process by sending the initial draft to its supervisory Ministry, the Federal Ministry of Communications and Digital Economy, for policy reviews.

The Federal Ministry of Communications and Digital Economy perform the policy review;

Upon completion of the policy review, the Federal Ministry of Communications and Digital Economy conveys the initial draft Bill to the Office of the Attorney-General of the Federation and Minister of Justice Office for legal drafting and statutory review;

The Attorney-General of the Federation and Minister of Justice Office will revert with their legal opinion to the Federal Ministry of Communications and Digital Economy;

NITDA will engage all IT stakeholders in line with the Rulemaking Process of the Agency;

NITDA will send the updated draft Bill to its supervisory Ministry, the Federal Ministry of Communications and Digital Economy;

The Bill will be presented to the Federal Executive Council (FEC) and upon approval, the President will transmit the Bill to the National Assembly for the enactment process, which will include public hearings and more stakeholder engagements; and

Upon passage by the National Assembly, it will be transmitted to the President for assent.

“As an accountable Agency, NITDA assures Information Technology sector stakeholders as well as the general public that the process will be transparent and subjected to comprehensive stakeholder engagements. We, therefore, count on the support of Nigerians towards the successful passage of the Bill and eventual signing into law. This will undoubtedly help towards ensuring that Nigeria harnesses the potentials of the ever-expanding digital economy,” NITDA states in the statement.

Bill tech companies Nigeria — *Until now, Nigeria’s NITDA is one of the country most powerful data protection regulators. Image credits: NITDA*

Why Is The Proposed Bill Considered Controversial?

If The Bill Becomes Law, All Technology Businesses In Nigeria Must Now Be Licensed And Fined By NITDA

This is the first time this has ever happened in the West African country. Section 20 of the Bill authorises NITDA to issue licenses to technology businesses, as well as provide for licensing and authorisation criteria including renewal, suspension, and revocation, to promote free market operation and competition, among others.

The direct implication of this is that any such licenses granted by NITDA may now be suspended at will, or simply revoked. The Bill did not state in specific details, the procedure for seeking redress from any aggrieved persons whose licenses have suffered such suspension or revocation.

According to the section, the classes of licenses that may be procured under the bill, if it becomes law, are a) product license b) service provider license c) platform provider license. It however did not define the above classifications in specifics, neither did it state the respective licensing fees. In any case, this means that virtually no type of technology business now escapes the regulatory eyes of NITDA, including small-scale technology businesses located in the remotest parts of the country.

The consequence of non-compliance with the rules is that the defaulting business commits an offence, which directly means criminal conviction of the offending parties. Below is the table of these offences and their accompanying punishments.

S/N	OFFENCE	DESCRIPTION	PUNISHMENTS

1	Non-payment of assessed levy	Failure to pay within two months after receiving an official notice from NITDA	The company pays a fine of 0.5 per cent of the assessed sum every day of the default.
2	Failure to comply with the law	That is, failure to obtain a license, or comply with the provisions of the law establishing NITDA, or any regulations made by NITDA, etc.	Individual: fine of NGN3, 000, 000 or jail for not less than 1 year. Company: corporate fine of NGN30, 000, 000 or jail for company officers for not less than 2 years.
3	Denial of entry into the property of the licensee.	Entries include entry into premises or access to records or data.	Individual: fine of NGN3, 000, 000 or jail for not less than 1 year. Company: corporate fine of NGN30, 000,000, plus every director and officer to pay a fine of NGN3, 000, 000 or jail for not less than 2 years or both.
3	No specific offence and penalty stated in the law.	That is, a person commits an offence under the law where no specific penalty is provided.	Individual: fine of NGN30, 000, 000, plus administrative sanctions, or jail for not less than 2 years or both. Company: corporate fine of NGN30, 000, 000.
4	First Offender	Where no specific offence and penalty are stated in the law, and the person is a first offender.	A fine of N3, 000,000.00 or jail for not more than 1 year or both.
5	Subsequent Offender	Where no specific offence and penalty are stated in the law, and the person is a subsequent offender.	A fine of N5, 000,000.00 or jail for not more than 3 year or both.

$1=412 Nigerian Naira as at 12:58 PM, GMT +1. View source.

If The Bill Becomes Law, All Technology Businesses In Nigeria Must Now Remit One Percent Of Their Profit Before Tax Into The National Information Technology Development Fund

This is not the first time this is happening. Under the previous legislation establishing NITDA, a technology company in Nigeria is obligated to pay 1% levy on profit before tax if it has an annual turnover of ₦100,000,000 (One Hundred Million Naira) and above. These provisions have been carried forward into the proposed rules, with the following amendment:

The defaulting person will now have to pay two percent of the levy (that is NGN2,000,000), instead of the previous flat fine of NGN1 million.

The Implications Of The Proposed Bill

The bill implies a lot of things, including that:

All technology companies in Nigeria must now first obtain a license to operate before they can even be allowed to register with Nigeria’s Corporate Affairs Commission. This is counter-productive given the country’s population and land sizes.

By stating that NITDA has the power to “develop regulations, guidelines and directives on the use of information technology and digital services in every sector of the economy to attain the purpose of the Agency” and at the same time have the power to “issue notices of contravention and non-compliance with this Act, regulations, standards and guidelines,” it implies that NITDA may introduce policies through the back door to checkmate the activities of technology companies in Nigeria. This is exactly re-creating the scenarios recently played out by Nigeria’s National Broadcasting Commission, when it introduced a set of sweeping rules that forced startups such as the entertainment startup, iROKOtv, to shutter its Nigerian operations.

The new powers of NITDA are sweeping in their effects, including the power to, on its own, state the licensing fees for the licenses, among other deductions.

The proposed bill continues the trends of hostile policies against Nigeria’s tech startup ecosystem. The west African country had recently disrupted the operations of bike hailing startups, cryptocurrency trading, foreign stock-trading, Twitter, among other regulatory blocks.

Bill tech companies Nigeria Bill tech companies Nigeria Bill tech companies Nigeria Bill tech companies Nigeria

In Leaked Proposed Law, Nigeria Plans To Crack Down On Tech Startups. Here’s What You Need To Know

Charles Rapulu Udoh

Charles Rapulu Udoh is a Lagos-based lawyer who has advised startups across Africa on issues such as startup funding (Venture Capital, Debt financing, private equity, angel investing etc), taxation, strategies, etc. He also has special focus on the protection of business or brands’ intellectual property rights ( such as trademark, patent or design) across Africa and other foreign jurisdictions.
He is well versed on issues of ESG (sustainability), media and entertainment law, corporate finance and governance.
He is also an award-winning writer

Nigeria hopes blockchain will generate $10B revenue by 2030

November 6, 2020

The Director-General for Nigeria’s National Information Technology Development Agency, or NITDA, has said that the country could potentially expect a revenue stream between $6 billion to 10 billion from blockchain technology in the next ten years. According to a Nov. 5 announcement from the NITDA, Director-General Kashifu Inuwa spoke at a stakeholders meeting in the Nigerian capital of Abuja to review the agency’s National Blockchain Adoption Strategy Framework. A draft of the strategy was first released in October and stated that blockchain and decentralized ledger technology (DLT) would “facilitate the development of the Nigerian digital economy.”

“We want Nigeria to be strategically placed to capture value from this economic potential of blockchain,” stated Inuwa. “Looking at our youthful population, which is mainly digitally native and with our position in Africa, we are looking at how we can get at least around six to 10 billion dollars by the year 2030.”

“Blockchain is going to play a key role in terms of creating, tracing products and services.”

Inuwa cited an October study from PricewaterhouseCoopers which found that blockchain technology — through its wide range of use cases — would potentially add $1.76 trillion to the global gross domestic product in the next 10 years, making it 1.4% of the global GDP in 2030. He stated that Nigeria could incorporate the technology through its provincial services, payment services, digital identity, customer engagement, and contract and dispute resolution applications.

“We see the need for us to position our country well so we can capture value from the blockchain.”

Nigeria has been one of the countries at the forefront of crypto and blockchain adoption in Africa. A May report from Arcane Research determined that the country had the second-highest percentage of cryptocurrency ownership or use among internet users in Africa at 11%. In September, the nation’s Securities and Exchange Commission officially defined digital assets under its regulatory umbrella. Recently, the country has been in the spotlight as crypto donations have been used by a group of Nigerian feminists to help fund protests against the police’s Special Anti-Robbery Squad, or SARS. Thousands of Nigerians have taken to the streets since early October to protest police brutality in the country, calling for SARS to be disbanded.

Kelechi Deca

Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry