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The Nigerian Communications Commission (the "NCC") has issued the draft Internet Code of Practice 2025 (the "Code"), introducing new obligations for online and digital communications platforms ("Online Platforms") as well as Internet Access Service Providers (IASPs). While the Code remains under review and is not yet finalized, the newly proposed compliance and reporting requirements are noteworthy, especially as they extend regulatory oversight to online platforms not traditionally licensed under telecom regulations. This update highlights the key obligations and implications for online platforms operating in Nigeria.
1. Scope of Application
Chapter 6 of the Internet Code of Practice 2025 applies to all entities categorized as online and digital communications platforms, broadly defined as any service or platform that enables digital communication or user interaction over the internet. Based on this definition, Chapter 6 obligations will apply, but are not limited to:
- Social media and networking platforms;
- Digital content and streaming platforms;
- Messaging and communication applications; and
- Any intermediary that facilitates user-generated content or digital services.
It is important to note that Chapter 6 obligations also apply to Application Service Providers, defined as any provider of a communications service through or via an application that relies on any licensed mobile communications network in Nigeria; and to Digital Service Providers, defined as any entity that provides any digital service through a digitalized or digitized medium that offers any form of communications service through or via a licensed mobile communications network based in Nigeria or to subscribers based in Nigeria.
2. Key Obligations for Online Platforms in Nigeria
i. Community Rules / Guidelines
Online platforms operating in Nigeria must adopt internal community
rules governing user conduct, content moderation, disinformation,
fraud, and unlawful content. These community rules must be
submitted to the NCC within six months of the Code's issuance
and must align with clause 146 of the Nigeria
Communications Act (the "Act"). Clause 146
requires licensees to assist the NCC in preventing crimes and
enforcing other laws, including those related to national security
and public revenue. Specifically, licensees must provide
information upon a written request from a relevant authority.
ii. Bi-Annual Reporting
Online platforms operating in Nigeria must submit bi-annual
compliance reports in an approved format to the NCC.
iii. Regulatory Liaison
Online platforms must maintain a dedicated channel with the
Designated Online Governance Officer (DOGO) designated by the NCC
to address harmful content, disinformation, fraud, and unlawful
activity.
iv. Compliance with Takedown Notices:
The Code affirms the NCC's power, acting independently or at
the request of another regulator to issue takedown notices to
IASPs. These notices may be issued in respect of unlawful
or harmful content. "Unlawful content" is
defined as any content that violates an existing Nigerian law,
while "harmful content" refers to any online material,
whether an image, video, or words, that causes offence, distress,
or harm. Takedown notices must be complied with within 24 hours of
receipt, and persons aggrieved by a takedown order retain a right
of appeal.
Although the Code expressly states that takedown notices apply to IASPs, it is less clear whether the NCC also intends to issue such notices directly to online platforms that are not typically licensed by the Commission. The definition of "takedown notice," however, indicates an intention to extend compliance with take down obligations beyond IASPs to online platforms. This is evident in the Code's definition of a takedown notice as:
"A notice to withdraw or disable access to unlawful content issued by the Nigerian Communications Commission or any legal authority to Internet Access Service Providers or any entity that provides any form of service via or on a platform that relies on the Nigerian communications network or its subscriber base."
This wording goes beyond the traditional scope of IASPs and appears deliberately broad, capturing digital platforms, content services, and other online intermediaries operating within or through Nigeria's communications infrastructure.
Practical Takeaway
Online platforms operating in Nigeria should carefully review their internal policies, reporting structures, and compliance mechanisms in anticipation of the Code's finalization. Particular attention should be given to the potential for direct takedown notices from the NCC and the 24-hour compliance requirement. While the Code provides a framework, each platform's obligations and risks may differ depending on its operations, user base, and the specific content it hosts. Early preparation will help ensure platforms can respond effectively to regulatory requests and avoid potential enforcement actions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
