The federal government of Nigeria through The National Information Technology Development Agency has released a new code of conduct that regulates the operations of social media platforms in Nigeria.
In the past, there have been efforts by the National Assembly to regulate social media use in the country, but it has alway been met with heavy criticism and lawsuits by human rights organizations. This time, however, the government has stamped regulation on social media but cleverly announced it as a code of practice from an agency under the ministry of information and digital economy.
In a document shared on Twitter titled; CODE OF PRACTICE FOR INTERACTIVE COMPUTER SERVICE PLATFORMS/ INTERNET INTERMEDIARIES, the agency said the information technology systems have become a critical infrastructure in our society that must be safeguarded, regulated, and protected against online harm.
While there is no date for when the code of conduct will take effect, the agency left out rather important parts of the code in its Twitter post. Parts which could threaten neutrality of platforms operations and eventual separation from government and its influences.
Defining “Internet Intermediary” as social media operators, websites, blogs, media sharing websites, etc, parts of the code read that Internet Intermediaries must “act expeditiously upon receiving a Court order directing a Platform to provide any information under its domain or any assistance to any authorised government agency for the purpose of carrying out an investigation, combating cybercrimes, or prosecuting an offence.”
It adds that Internet intermediaries or platforms must “act expeditiously upon receiving a notice from a user, or an authorised government agency of the presence of an unlawful content on its Platform. A Platform must acknowledge the receipt of the complaint and take down the content within 24 hours.” It goes ahead to say, “where a Platform receives a notice from a user or any authorised government agency that an unlawful content has been uploaded, such Platform is required to take it down and ensure it stays down. No liability shall be incurred by a Platform where such Platform has taken all reasonable steps to ensure that an unlawful content is taken or stays down. Provide a dedicated channel that is available all the time where an authorised government agency can lodge or forward a request or complaint against contents that are unlawful or harmful.”
The code also states that Large Service Platforms – platforms whose users are more than one hundred thousand – must be incorporated in Nigeria and, “on demand, furnish a user, or authorised government agency with information on reason behind popular online content demand and the factor or figure behind the influence” among other demands.
A number of Nigerians have aired their views on what the content of the code could mean for free press and the perceived control of government on the media. On his part, journalist David Hundeyin tweeted, This is it in black and white. Vote APC next year and have Twitter, Facebook, Instagram and TikTok “regulated” and banned at will by the folks installed at @NITDANigeria.
Other Nigerians have alluded to the fact that more is to be seen of the social media regulation battle after the 2023 elections and the emergence of a new head of state.
