President Tinubu Directs Fccpc To Investigate Global Digital Platforms Over Competition And Copyright Concerns

In a significant development for Nigeria's digital economy and competition law landscape, President Bola Ahmed Tinubu has directed the Federal Competition and Consumer Protection Commission (FCCPC) to investigate major global technology companies and Generative Artificial Intelligence (AI) platforms over allegations of anti-competitive practices, unlawful exploitation of news content, and other potentially unfair market conduct.¹ The directive, announced by the FCCPC in a press release, signals an important evolution in Nigeria's approach to regulating digital markets and reinforces the government's increasing focus on ensuring fairness, accountability and competition within the technology ecosystem.

The investigation follows a joint petition submitted by the Nigerian Press Organisation (NPO), an umbrella body comprising the Newspaper Proprietors' Association of Nigeria (NPAN), the Nigeria Union of Journalists (NUJ), the Broadcasting Organisations of Nigeria (BON), the Nigerian Guild of Editors (NGE), and the Guild of Corporate Online Publishers (GOCOP). The petition alleges that certain global technology companies have engaged in practices that undermine competition, commercially exploit copyrighted journalistic content without adequate authorisation or compensation, thus adversely affecting the sustainability of Nigeria's media industry.

Scope of the Investigation

According to the FCCPC, the investigation will focus on several critical issues, including:

1. allegations of market dominance and abuse of dominant market position;
2. anti-competitive conduct capable of restricting competition within Nigeria's digital markets;
3. unauthorised extraction, reproduction or commercial exploitation of copyrighted news and broadcast content;
4. the use of journalistic materials in training Generative AI models without appropriate authorisation or compensation; and
5. other potentially unfair commercial practices affecting Nigerian media organisations and digital market participants.

Although the FCCPC did not specifically identify every company under investigation in its statement, reports indicate that the inquiry is expected to cover major global technology companies, including operators of search engines, social media platforms, and Generative AI services active within Nigeria.

Importantly, the Commission clarified that the commencement of the investigation does not constitute a finding of liability or wrongdoing. Rather, it represents the initiation of a fact-finding exercise during which all affected parties will be afforded the opportunity to present information before any regulatory conclusions are reached.

Regulatory and Legal Significance

The directive represents one of Nigeria's most significant regulatory interventions concerning digital platform governance and reflects the country's willingness to apply existing competition and consumer protection laws to rapidly evolving digital markets.

The investigation is expected to test the application of the Federal Competition and Consumer Protection Act, 2018 (FCCPA) to multinational digital platforms operating in Nigeria.² The FCCPA prohibits agreements and conduct that substantially prevent, restrict or distort competition, while also empowering the FCCPC to investigate abuse of dominance, unfair business practices and other conduct capable of harming consumers or market competition.

Beyond competition law, the investigation highlights the increasing intersection between competition regulation, intellectual property rights and artificial intelligence. The alleged unauthorised use of copyrighted journalistic works for commercial purposes and AI model training raises complex legal questions concerning copyright ownership, licensing, fair dealing exceptions, data access, and the commercial exploitation of protected creative works.

The investigation also reflects the growing recognition that digital platforms now function as essential intermediaries for news distribution, advertising and public access to information. Consequently, concerns surrounding commercial bargaining power, revenue allocation and the sustainability of independent journalism have become central regulatory issues.

Implications for Businesses and Stakeholders

1. Increased Competition Law Compliance for Digital Platforms

The FCCPC's investigation reinforces the Commission's willingness to subject digital markets to the same competition law standards applicable to traditional industries. Technology companies operating in Nigeria should anticipate greater regulatory scrutiny of their market conduct, including pricing strategies, exclusive arrangements, data practices, and any conduct capable of excluding competitors, new market entrants, or entrenching market power.

The investigation also demonstrates that the FCCPC is prepared to exercise its investigative powers under the Federal Competition and Consumer Protection Act, 2018 ("FCCPA") in relation to multinational digital platforms whose activities have a negative effect on competition within Nigeria, irrespective of where such entities are incorporated. Consequently, businesses operating digital platforms should proactively review their competition compliance programmes, internal governance frameworks and commercial practices to mitigate potential regulatory exposure.

2.              Increased Focus on Fair Compensation for News Content and Protection of Intellectual Property

One of the most significant aspects of the investigation is the growing recognition that news content constitutes valuable intellectual property deserving of adequate legal and commercial protection.³ Nigerian media organisations invest considerable financial and human resources in gathering, verifying and publishing news. Increasingly, however, digital platforms, search engines and Generative AI systems reproduce, summarise, index or otherwise utilise journalistic content in ways that may generate substantial commercial value for platform operators without corresponding remuneration to the original publishers or authors. The investigation therefore raises important questions regarding whether digital platforms should be required to negotiate licensing arrangements or compensation mechanisms with Nigerian news publishers whose copyrighted works contribute to user engagement, advertising revenue or the training and improvement of AI models.

Beyond copyright infringement concerns, the issue also implicates the commercial value, goodwill and reputation associated with established media organisations whose journalistic content enhances the attractiveness and credibility of digital platforms. As global regulatory developments increasingly favour equitable revenue-sharing arrangements between technology companies and news publishers, Nigeria may similarly witness the emergence of policy initiatives designed to ensure that local publishers receive fair economic value for the commercial exploitation of their content. Although the Nigerian Copyright Act, 2022 protects newspaper articles as literary works and recognises copyright in collective works as well as makes provision for regulation of online content, it does not establish an independent neighbouring right for press publishers comparable to Article 15 of the European Union's Directive on Copyright in the Digital Single Market. Consequently, unlike the European framework which expressly requires digital platforms to negotiate licences and compensate publishers for the commercial online use of press publications, Nigeria currently relies on traditional copyright principles to address unauthorised exploitation of journalistic content. The FCCPC's investigation may therefore signal the beginning of a broader policy discussion on whether Nigeria should adopt a publisher's right similar to the EU model, particularly in light of increasing concerns regarding the use of local news content by digital platforms and generative AI systems without corresponding remuneration to publishers and journalists.

3.              AI Governance and Responsible Data Acquisition

The inclusion of Generative AI platforms within the scope of the investigation reflects increasing regulatory concern regarding the datasets used to develop and improve artificial intelligence systems. As AI models become increasingly dependent upon vast quantities of publicly accessible information, questions surrounding the lawful acquisition, use and commercial exploitation of copyrighted material are expected to become more prominent.

Developers and deployers of AI technologies operating within Nigeria should therefore carefully inquire into, and assess the ownership of training datasets, establish appropriate intellectual property compliance procedures, and ensure that adequate governance mechanisms exist for managing legal risks associated with copyrighted content. The investigation serves as a reminder that innovation in artificial intelligence must be accompanied by responsible data governance and respect for existing intellectual property rights.

Conclusion

The FCCPC's investigation marks an important milestone in Nigeria's digital regulatory landscape. While the investigation remains at a preliminary stage and no findings have been made against any organisation, it demonstrates the Federal Government's commitment to ensuring that digital markets operate fairly, competitively and in a manner that adequately protects Nigerian businesses, consumers and content creators.

As digital platforms continue to influence commerce, information dissemination and innovation, regulatory oversight is likely to become increasingly sophisticated. Organisations operating within Nigeria's digital ecosystem should therefore proactively assess their competition law compliance, intellectual property practices and AI governance frameworks in anticipation of heightened regulatory engagement and oversight.

Footnotes

^{1 FCCPC, “President Tinubu Directs FCCPC To Investigate Big Tech Firms” available at ( https://fccpc.gov.ng/president-tinubu-directs-fccpc-to-investigate-big-techs/) accessed on 10 July, 2026.}

^{2 FCCPC, “President Tinubu Directs FCCPC To Investigate Big Tech Firms” available at ( https://fccpc.gov.ng/president-tinubu-directs-fccpc-to-investigate-big-techs/) accessed on 13 July, 2026.}

^{3        Akademie,    “Media    associations    must    unite    for    fair                    compensation”              available         at     ( https://akademie.dw.com/en/why-media-associations-must-unite-to-demand-fair-compensation- for-public-interest-news/a-74341396) accessed on 13 July, 2026.}

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