TMT Comparative Guide

1 Legal and enforcement framework

1.1 Which legislative and regulatory provisions govern the following in your jurisdiction: (a) Telecommunications; (b) Internet; (c) Media and (d) Social media?

(a) Telecommunications

• Nigerian Communications Act (2003): This act:
• • establishes a regulatory framework for the Nigerian communications industry; and
  • outlines the requirements and conditions for obtaining licences to operate in the telecommunications sector.
• Wireless Telegraphy Act (1961): This act outlines the rules for controlling wireless telegraphy, which involves sending or receiving electromagnetic signals without the need for physical connections. The act designates the Nigerian Communications Commission (NCC) as the authority responsible for issuing and renewing licences for wireless telegraphy. According to Section 4, no one is allowed to create or use a wireless telegraphy station or set up any equipment for wireless telegraphy without a proper licence.

(b) Internet

• Nigerian Communications Act (2003): This act empowers the NCC to issue guidelines to internet service providers (ISPs) and to publish regulations on the activities of ISPs.
• Advance Fee Fraud and Other Fraud Related Offences Act (2006): This act regulates Nigeria's ISPs. It requires them to:
• • register with the Economic and Financial Crimes Commission (EFCC); and
  • keep a customer register with names and addresses, which must be accessible to EFCC officials upon request.
• National Information Technology Development Agency (NITDA) Act (2007): This act establishes the NITDA to introduce standards, guidelines and frameworks for the development, standardisation and regulation of IT practices in Nigeria. The functions of the NITDA include regulating data collection, storage and use across all sectors, including online platforms.

(c) Media

• Constitution of the Federal Republic of Nigeria, 1999 (as amended): The Constitution recognises the ownership and operation of a media company as a fundamental right, but further allows for the derogation of this right by any justifiable law. Under Section 39(2), ownership or operation of any television or wireless broadcasting station is not allowed, except with the authorisation of the president on the fulfilment of legal conditions.
• National Broadcasting Commission Act (1992): This act establishes the National Broadcasting Commission (NBC), which is the sole regulator of the broadcasting industry. It outlines the functions of the NBC, including:
• • advising the government on broadcasting policies;
  • handling licence applications;
  • overseeing and controlling the industry;
  • addressing public grievances; and
  • resolving conflicts.
• Nigerian Press Council Act (1992): This act established the Nigerian Press Council, which oversees the print media sector in the country. It outlines the functions of the Press Council, including:
• • promoting high professional standards in journalism;
  • addressing complaints against the press; and
  • undertaking the registration of newspapers.
• It also provides for the Code of Ethics adopted by the Nigerian Press Organisation.
• Official Secrets Act (1962): This act prohibits the publication or unauthorised disclosure of:
• • official secrets;
  • classified matters; and
  • confidential information.
• However, the restrictions on the publication of classified information were relaxed by the Freedom of Information Act 2011, which gives media practitioners unrestricted access to information including secret, classified or official documents.
• National Film and Video Censors Board (NFVCB) Act: This act regulates the content of film and video works in Nigeria. It:
• • establishes the NFVCB with a specific mandate to oversee and control the censorship of these media forms to ensure that they align with cultural norms, values and legal standards; and
  • regulates the public exhibition of film and video works, including the issue of licences to individuals and premises for the exhibition of such content.
• Copyright Act, (2022): This act:
• • protects the original works of journalists, broadcasters and other media creators, such as literary, artistic and audiovisual works; and
  • addresses the issue of online piracy.
• Advertising Regulatory Council of Nigeria Act, (2022): This act establishes the Advertising Regulatory Council of Nigeria and empowers it to regulate the content of ads across various media platforms (eg, radio, television, newspaper and online platforms). Section 21 requires all persons involved in advertising and marketing as professionals to register with the Governing Council of the Advertising Regulatory Council of Nigeria (ARCON).

(d) Social media

There is currently no legislation that specifically regulates the social media space in Nigeria, with the exception of:

• the Sixth Edition of the National Broadcasting Code, which requires internet radio/TV broadcasters to register with the NBC; and
• Part VII of the Copyright Act 2022, containing provisions on online content.

However, attempts have previously been made to enact social media legislation in Nigeria. In 2019, the federal government introduced the Protection from Internet Falsehood and Manipulations Bill 2019 (also known as the Anti-Social Media Bill), which died after strong opposition from the public. A bill is currently pending before the National Assembly that would repeal and amend the NBC Act to regulate social media.

On 13 June 2022, the NITDA released the Draft Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries for public scrutiny and feedback. The code contains the optimal practices expected from all interactive computer service platforms/internet intermediaries – collectively known as platform providers – to enhance the safety of the digital environment for both Nigerians and residents in Nigeria.

1.2 Which bodies are responsible for enforcing the applicable laws and regulations in the relevant sectors? What powers do they have?

Telecommunications and internet services: The NCC is the primary regulatory body established by the Nigerian Communications Act. The NCC is empowered to:

• regulate telecommunications service deployment and delivery in Nigeria;
• grant telecommunication operators licences;
• publish regulations;
• issue guidelines to ISPs; and
• oversee various aspects of internet

The NITDA also regulates internet services in terms of data collection, storage and use. Both the NITDA and the NCC are under the supervision of the Federal Ministry of Communications and Digital Economy.

Media: The following regulatory bodies oversee the activities of the industry:

• The NBC, under the supervision of the Federal Ministry of Information, regulates the broadcast media and enforces the NBC
• The Nigerian Press Council, established by the Nigerian Press Council Act, regulates ethical and professional standards in the media. The body is empowered to investigate complaints against the Press and monitor press activities.
• The NFVCB oversees and regulates the exhibition and distribution of films and video works. Section 2 of the NFVCB Act empowers the NFVCB to license a person or premises for the purpose of exhibiting films and video works. It can censor and classify films and video works.
• The Governing Council of ARCON primarily regulates and controls advertising, ads and marketing communications that are directed or exposed to the Nigerian market. Section 61 empowers the council to issue regulations, codes, standards of practice, guidelines and manuals to give effect to the provisions of the act.

Social media may be officially regulated by the NBC if the amendments to the NBC Act and the NITDA Act survive legislative passage and presidential assent.

1.3 What is the general approach of those bodies in regulating the relevant sectors?

Section 31 of the Nigerian Communications Act mandates that anyone that intends to operate a communications system or facility or provide a communications service must:

• be authorised and licensed by the NCC; or
• have been exempted from such requirements.

Separate licences are typically required for each telecommunications activity. These fall into two main categories:

• individual licences, which are issued for specific activities; and
• class licences, which have common terms for all licensees.

Generally, the various regulatory bodies continuously monitor activities in the industry by means of subsidiary legislation. The NCC has issued the following regulations in a bid to fulfil its obligations under the Nigerian Communications Act:

• the Guidelines on Technical Specifications for Installation of Masts and Towers;
• the Licensing Regulations;
• the Consumer Code of Practice Regulations;
• the Enforcement Processes Regulations;
• the Frequency Pricing Regulations;
• the Lawful Interception of Communications Regulations;
• the Quality of Service Regulations;
• the Competition Practices Regulations;
• the Telecommunications Networks Interconnection Regulations;
• the Type Approval Regulations; and
• the Annual Operating Levy Regulations.

In 2019, the NBC – exercising its authority under Section 2(h) of the NBC Act – released the Sixth Edition of the Nigeria Broadcasting Code, which was subsequently amended in 2020. Paragraph 3 of the amended code introduced a novel regulatory provision which requires all persons that wish to operate web/online broadcasting services in the Nigerian territory to:

• register with the NBC; and
• conform with the provisions of the code on programming standards.

The NITDA has issued the following regulations to regulate the data and internet space:

• the Framework and Guidelines for the Use of Social Media Platforms in Public Institutions;
• the Framework and Guidelines for Public Internet Access;
• the Digital Literacy Framework;
• the Nigeria Data Protection Regulation Implementation Framework;
• the Guidelines for the Management of Personal Data by Public Institutions in Nigeria, 2020;
• the Guidelines for Nigerian Content Development in Information and Communication Technology (ICT);
• the Guidelines for Clearance of Information Technology Project by Public Institutions;
• the Guidelines for Registration of ICT Service Providers/Contractors for Delivery of It Services to MDAs;
• the Nigeria e-Government Interoperability Framework (Ne-GIF);
• the Framework and Guidelines for ICT Adoption in Tertiary Institutions; and
• the Nigerian Government Enterprise Architecture.

ARCON usually publishes directions, notices and memos in writing to persons or advertisers regarding their compliance or non-compliance with the ARCON Act. On 12 December 2022, the Governing Council of ARCON issued a public notice directing all brand owners, digital agencies, secondary digital media and advertising stakeholders to obtain pre-exposure approval of all ads or face sanctions.

1.4 What other industry codes of conduct or best practices are applicable in the relevant sectors?

The NCC introduced the Code of Corporate Governance for the Telecommunications Industry 2016 as an industry-specific code that regulates best practices among the boards of telecommunications players. The code is mandatory for any telecommunications operator that meets one or more of the following criteria:

• The spread of operations of the licensee covers a minimum of three geo-political zones;
• The turnover of the licensee is more than NGN 1 billion;
• The number of staff employed is more than 200; and
• The licensee has a subscriber base of at least 500,000.

The Internet Code of Practice issued by the NCC also provides clear guidelines to ISPs on the use of traffic management practices.

The professional standards and practices of journalists in Nigeria are regulated by the Code of Practice for Nigerian Journalists, ratified by the Nigerian Press Council in 1998. Efforts continue to develop a standardised framework to self-regulate media practice in Nigeria as stakeholders prepare to adopt a revised co-regulated code of ethics for Nigerian journalists.

2 Ownership

2.1 Who is eligible to provide services in the following sectors in your jurisdiction? Are there any restrictions on foreign ownership? Do any domicile requirements apply? What other requirements or restrictions apply in this regard: (a) Telecommunications; (b) Internet; (c) Media and (d) Social media?

Telecommunications: In Nigeria, any corporate body that has obtained a communications licence from the Nigerian Communications Commission (NCC) is eligible to provide telecommunications services in Nigeria. Under Section 31 of the Nigerian Communications Act, it is unlawful for any person or entity to operate a communications system or facility or provide a communications service in Nigeria without a communications licence or an exempted order.

Regulation 10(1)(a) of the NCC Licensing Regulation 2019 provides that an application for a licence will be valid only where the applicant is a corporate body registered under Nigerian law.

Media: Under Section 10 of the National Broadcasting Commission (NBC) Act, the following entities are disqualified from obtaining a broadcasting licence:

• religious organisations; and
• political parties.

Under Community Broadcasting Regulation 9.10 of the Sixth Edition of the National Broadcasting Code, as amended, the following entities are disqualified from obtaining a licence:

• religious organisations;
• political parties;
• individuals; and
• bodies corporate, with the exception of non-profit organisations.

To obtain a broadcast licence, an application must be submitted to the NBC, which is then processed and recommended to the president through the minister of information.

Under Section 9 of the NBC Act, to be eligible for a licence, an applicant must:

• be a body corporate registered under the Companies and Allied Matters Act (CAMA) or a station owned, established or operated by:
• • the federal government; or
  • a state or local government;
• demonstrate to the satisfaction of the NBC that it is not applying on behalf of any foreign interest;
• comply with the objectives of the National Mass Communication Policy as applicable to electronic media (ie, radio and television); and
• provide an undertaking that the licensed station:
• • will be used to promote the national interest, unity and cohesion; and
  • will not be used to offend religious sensibilities or promote ethnicity, sectionalism, hatred or disaffection among the peoples of Nigeria.

Regulation 0.2.3 of the National Broadcasting Code requires that broadcasting in Nigeria be at least 70% owned and operated by Nigerians. Otherwise, there are no restrictions on foreign ownership and foreign entities can obtain licences to operate such companies, although they must be incorporated in Nigeria.

Regulation 11.12.1 of the National Broadcasting Code provides that pay subscription broadcasters retransmitting foreign signals not intended for Nigeria must seek approval by submitting the franchise and the agreement or franchise between Nigerian and foreign broadcasters and content owners to the NBC.

Section 18 of the Nigerian Investment Promotion Commission (NIPC) Act permits a non-Nigerian to participate in any enterprise in Nigeria. Under the act, foreign investors can own 100% of equity shares in a company, provided that it is registered with the NIPC.

Section 78 of the CAMA provides that any foreign company that intends to carry on business in Nigeria must:

• be incorporated under the CAMA, unless it is exempt under the act; and
• obtain the requisite regulatory permits and licences, including immigration permits and requirements.

Foreign investors must also register with the NIPC under Section 20 of the NIPC Act.

3 Authorisations/licences

3.1 What authorisations and/or licences are required to operate in the following sectors? Do any exemptions apply? Do these vary depending on the service to be provided: (a) Telecommunications; (b) Internet; (c) Media and Social media?

(a) Telecommunications

In the telecommunications sector, there are generally two categories of licences that may be obtained under Section 32 of the Nigerian Communications Act:

• individual licences; and
• class licence.

The frequency licence category was added to this list by Regulation 2 of the Licensing Regulations. Under Regulation 3 of the Licensing Regulations, the Nigerian Communications Commission (NCC) reserves the power to reclassify these categories.

The specific licences to be granted will depend on the services that the applicant intends to offer. An internet service licence is granted under the individual licence category by the NCC.

In accordance with Section 132 of the Nigerian Communications Act and the Type Approval Regulations issued by the NCC, the NCC has a mandate to conduct rigorous approval tests and subsequently issue certificates for various communication equipment and facilities. Entities – including licensed service or facilities providers, as well as equipment manufacturers or suppliers – must obtain approval certificates from the NCC for their communication equipment or facilities before initiating installation or engaging in sales activities.

(b) Media

Section 13 of the National Broadcasting Commission (NBC) Act grants the NBC various powers regarding licences for media services, including in relation to:

• the allocation of specific frequencies;
• the approval of station locations;
• the regulation of technical equipment specifications;
• the approval of call signals; and
• the determination of broadcast areas.

Originally, the three categories of broadcast licence under the NBC Act covered:

• radio broadcasting, including:
• • frequency modulation (FM) licences;
  • medium wave (MW) licences; and
  • shortwave radio licences;
• TV broadcasting, for which the NBC assigns channels for very high frequency (VHF) and ultra-high frequency (UHF) licences, depending on the licence conditions; and
• satellite broadcasting, which includes:
• • direct-to-home signal retransmission licences;
  • satellite broadcast signal distribution licences; and
  • direct satellite broadcast licences.

Under the Sixth Edition of the National Broadcasting Code, as amended, web/online media must now register with the NBC. Chapter 2 of the code has also expanded the categories of broadcast licence.

Under Regulation 7 of the Licensing Regulations, the NCC reserves the authority to issue an exemption order releasing certain communication services or groups from the obligation to obtain a licence. Before granting such an order, the NCC must ensure that the intended service will not disrupt or harm either the service provider or consumers. A register of all issued licences and granted exemption orders must be kept by the NCC, accessible to public scrutiny upon request.

3.2 What are the key features of such authorisations/licences?

(a) Telecommunications

The key features of an individual licence issued by the NCC are as follows:

• It is an authorisation tailored to a specific service with unique terms, conditions and limitations.
• Licences can be issued based on methods such as:
• • auctions;
  • 'first come, first served';
  • beauty contests; or
  • standard administrative procedures.
• Entities must complete the specific procedure and documentation in order to obtain a licence.

The key features of a class licence are as follows:

• It is a general authorisation under which all licence holders are subject to common terms and conditions.
• The licensing process typically requires only registration with the NCC to begin operations.

(b) Media

With regard to broadcast licences:

• the FM licence is open to federal, state and local governments, communities and private operators;
• the MW licence provides a larger coverage area than the FM licence; and
• the SW licence is reserved strictly for the federal government – primarily for external broadcasts with international implications.

The NCC determines the coverage area for each licensee based on the licence conditions.

Channels for VHF and UHF licences are assigned by the NBC for TV broadcasting licences.

The following licences are for the redistribution of broadcast signals via satellite:

• the satellite broadcasting licence;
• the direct-to-home signal retransmission licence.

The satellite broadcast signal distribution licence is granted for the distribution of signals to select key users; while the direct satellite broadcast licence is awarded for the transmission of services via satellite.

3.3 What are the procedural and documentary requirements to obtain such authorisations/licences?

(a) Telecommunications

Regulation 15 of the Licensing Regulations provides for various methods of obtaining individual licences, including:

• auction;
• tender;
• fixed price;
• competitive bid process; and
• any method deemed appropriate by the NCC.

Applicants must prepare and submit applications containing information on the following:

• company information;
• corporate profile;
• ownership structure;
• experience in the sector; and
• a project feasibility report.

The application must be accompanied by the following documents:

• the certificate of incorporation;
• a tax clearance certificate
• certified true copies of the articles and memorandum of association;
• a certified true copy of Form CAC 1.1;
• a feasibility report for the proposed service;
• passport photographs of the company's authorised representatives and directors; and
• a memorandum of understanding with operator(s) for value-added service (VAS) content applicants.

The applicant must then pay a non-refundable administrative fee (5% of the relevant licence fee) upon submission.

Under Section 50 of the Nigerian Communications Act, registration with the NCC is the sole mode for procuring a class licence in Nigeria.

An applicant must lodge a registration notice with the NCC using the required application form, accompanied by evidence of payment of the application fees and relevant documents.

The application must include information on the following:

• contact information;
• corporate profile;
• ownership structure; and
• a profile of technical staff (applicable to sales/installations applicants).

The application must be accompanied by the following documents:

• the certificate of incorporation or registered business name;
• a tax clearance certificate;
• a certified true copy of the articles and memorandum of association;
• a certified true copy of Form CAC 1.1;
• two passport photographs of the authorised representative;
• a certificate of qualified technical staff;
• a summary of the proposed service; and
• passport photographs of directors of the company/sole proprietorship.

The applicant must pay the requisite licence fee upon submission of the application form and supporting documents.

The NCC will review the application and, in accordance with Regulation 26(2) of the Licensing Regulation, inform the applicant in writing within 30 days of its decision to grant or refuse the application.

The NCC may request additional information and can reject applications if information is not provided promptly.

(b) Media

Section 11 of the NBC Act provides that licences to establish or operate a radio, sound, television, cable or satellite station are obtained by way of an application addressed to the director-general of the NBC.

To obtain an FM radio broadcast licence, the applicant must:

• submit a letter to the director-general of the NBC requesting approval to purchase an application form, specifying the licence category and proposed location; and
• if this request is approved, purchase the application form for NGN 50,000, complete it and submit it together with:
• • the company's certificate of incorporation
  • a certified copy of its memorandum and articles of association;
  • an engineering design and feasibility study;
  • a letter of undertaking (Section 9(1)(d) of the NBC Act); and
  • a letter of reference from its

The following additional documents must be submitted in the case of an application for community radio:

• registration as a non-governmental organisation with a board of trustees;
• an application form purchased for NGN 10,000; and
• a certificate of incorporation and certified true copies of the constitution of the registered board of trustees.

For satellite television broadcast services (Internet Protocol television, direct-to-home, direct satellite broadcast), the applicant must:

• submit a letter to the director-general requesting approval to purchase an application form indicating the purpose of the licence; and
• if the request is approved, purchase an application form for NGN 50,000, complete it, and submit it together with the following:
• • the company's certificate of incorporation;
  • a certified copy of its memorandum and articles of association;
  • the engineering design of the system;
  • a letter of undertaking (Section 9(1)(d) of the NBC Act); and
  • a letter of reference from its bankers.

Upon provisional approval, the applicant must comply with all applicable terms and conditions, including payment of the licence fees.

Under Section 2(1)(c) of the NBC Act, if an application conforms with the requirements of the NBC Act, the minister of information will recommend to the president that a broadcast licence be granted.

3.4 What does the authorisation/licensing process involve? How long does it typically take? What costs are incurred?

(a) Telecommunications

The costs of obtaining a telecommunications licence are as follows.

Individual licence services	Cost
Sale and installation of terminal equipment	NGN 500,000
Sales and installation of switching equipment for a capacity of more than 600 lines and a major network	NGN 2 million
VAS: Prepaid calling cards Call directory services licensing Special numbering services Call centre services licensing Shortcode content services VAS aggregator licensing	NGN 1 million NGN 500,000 NGN 3 million NGN 500,000 NGN 500,000 NGN 10 million
Automated vehicle tracking	NGN 500,000
Internet services	NGN 500,000
Paging services	NGN 500,000
Commercial basic radio communications network	NGN 250,000
Trunk radio network licensing	NGN 3 million
Collocation/infrastructure sharing	NGN 2 million
Internet exchange services	NGN 1 million
Interconnecting exchange services
Private network link (PNL) local exchange operator services (cable only) Urban PNL: Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Semi-urban PNL: Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Rural PNL: Tier 1 Tier 2 Tier 3 Tier 4 Tier 5	NGN 2 million NGN 1.2 million NGN 1 million NGN 857,000. NGN 571,000 NGN 1 million NGN 600,000 NGN 500,000 NGN 428,000 NGN 285,500 NGN 300,000 NGN 180,000 NGN 150,000 NGN 128,000 NGN 85,650

Licences are typically renewable between five and 10 years after grant, depending on the particular licence obtained.

The completion process for an individual licence from the NCC takes between four and eight weeks. Statutorily, applicants must receive a response to their application within 90 days of submission.

(b) Media

The costs of obtaining a broadcasting licence for an initial term of five years are as follows:

Type	Cost
Category A (locations in Lagos, Rivers State and the Federal Capital Territory) Radio Open TV Cable TV	NGN 20 million NGN 15 million NGN 10 million
Category B (other states) Radio Open TV Cable TV	NGN 15 million NGN 11.25 million NGN 7. million
Public stations	NGN 5 million (five years)
Direct broadcast satellite (single channel)	NGN 10 million
Direct-to-home (multichannel)	NGN 25 million
Dealer (wholesale)	NGN 120 million (per year)
Importer	NGN 120 million
Retailer	NGN 30 million

As the application for an NBC licence requires the approval of the president, there is no specific timeframe for processing and obtaining a licence.

3.5 What are the ongoing rights and obligations of the authorisation/licence holder? How is compliance monitored? What penalties may be imposed for breach?

(a) Telecommunications

Licence holders:

• have the right to utilise assigned frequencies and network infrastructure; and
• must:
• • operate within the confines of the terms and conditions of the licence;
  • comply with regulations or subsidiary legislations issued by the NCC; and
  • renew the licence before it expires.

In compliance with Section 89 of the Nigerian Communications Act, the NCC has developed enforcement and monitoring strategies, under which it:

• issues quarterly reports; and
• carries out periodic enforcement and audit exercises.

According to the NCC Enforcement Processes Regulation 2005, the NCC will exercise its monitoring and enforcement powers either on its own initiative or in response to a written enforcement report submitted by any person on Form A1 specified in the First Schedule to the Regulations. The NCC publishes details of its monitoring and enforcement activities on its website on a quarterly basis.

The NCC also has the authority to institute civil proceedings in court against any person for remedies such as:

• injunctive relief;
• recovery of administrative fines;
• specific performance; or
• pecuniary awards or damages.

Additionally, it may:

• issue written directions to any person or licensee; and
• seek the assistance of law enforcement agencies to enforce compliance with these directions.

Under Section 31 of the Nigerian Communications Act, engaging in the operation of a telecommunications system or facility or providing communication services in Nigeria without a valid telecommunications licence or an authorised exemption order is considered unlawful and attracts a fine determined by the NCC. Regulation 13 of the Licensing Regulations pegs the administrative fine at NGN 500,000 for each day of contravention. The NCC may:

• refuse to grant a renewal application in case of non-compliance; and
• suspend or revoke a licence:
• • for non-compliance; or
  • where a licensee liquidates or winds up (Section 43 Nigerian Communications Act).

(b) Media

Licence holders in the broadcast media sector must:

• comply with the terms of the licence and the NBC regulations; and
• ensure that they adhere to the local content threshold for their programming.

Under the NBC Act, a licensee is responsible for the contents of station broadcasts.

Any station which contravenes the National Broadcasting Code or any other order of the NBC will be liable to the sanctions prescribed in the National Broadcasting Code (Section 21 of the NBC Act). Regulation 15 of the National Broadcasting Code provides for sanctioning and sanctioning procedures, with the classes of sanctions ranging from verbal admonition and warning to fines, suspension and revocation of licences.

3.6 For how long is the authorisation/licence valid? Are variations to the terms possible? How is the authorisation/licence renewed?

(a) Telecommunications

The duration of a telecommunication licence varies depending on the type. The following licences are valid for 20 years:

• metropolitan fibre cable network licences;
• national long distance operators licences; and
• international gateway licences.

The following licences are valid for 10 years:

• infrastructure sharing and collocation services licences; and
• unified access service licences.

The following licences are valid for five years:

• internet service licences;
• paging service licences;
• prepaid calling card licences; and
• special numbering services licences.

(b) Media

Under Section 12 of the NBC Act, a licence granted by the NBC is initially valid for five years and renewal applications must be submitted six months before expiration. The NBC will review the licensee's conduct during the renewal process. If the station's past performance is not in the national or public interest, or in the interest of the broadcast industry, the licence may not be renewed.

3.7 Can an authorisation/licence be transferred? If so, what is the process for doing so?

(a) Telecommunications

Yes, a licence can be transferred, but only with the approval of NCC. A licence issued by the NCC is specific to the licensee and cannot be utilised, assigned, sublicensed or transferred to another party without prior approval from the NCC, as outlined in Regulation 41 of the Licensing Regulations.

Under Section 38 of the Nigerian Communications Act, before operating a licence that has been assigned or transferred, the NCC requires the assignee or transferee to secure prior authorisation from the NCC.

(b) Media

According to the Third Schedule of the NBC Act, a broadcast licence is not transferable and the licensee cannot be changed without notifying the NBC of the intention to transfer and the reasons therefor. The National Broadcasting Code mandates that a licensee must seek approval from the NBC for any action, agreement or transaction that may lead to a direct or indirect change in the effective control of its operations.

4 Telecommunications

4.1 What provisions apply to the construction of telecommunications infrastructure and the installation of facilities on public and private property?

The Nigerian Communications Commission's (NCC) Guidelines on Technical Specification for the Installation of Telecommunications Masts and Towers 2009 regulate the establishment of telecommunications infrastructure. According to Clause 10 of the guidelines, anyone intending to install a telecommunications mast tower or structure exceeding 20 metres in height must obtain a permit from the NCC before commencement. The act of engaging in the installation of telecommunication masts and towers without a valid licence issued by the NCC is deemed unlawful.

4.2 Do any universal service obligations apply in your jurisdiction? If so, what are they and how are they funded?

Yes, universal service obligations apply in Nigeria. The legal framework for the establishment of the Universal Service Provision Fund (USPF) is outlined in the Nigerian Communications Act. Section 112 tasks the Nigerian Communications Commission (NCC) with designing and determining a system that promotes the widespread availability and usage of network services and application services throughout Nigeria – particularly:

• in unserved and underserved areas; and
• for underserved groups within the community.

The USPF is primarily funded by annual operating levies paid by operating companies in the telecommunications sector. It may also receive contributions from other sources such as gifts, loans, aids and any other assets specifically accruing to the USPF. The USPF is managed independently by an investment management firm under the supervision of the Universal Service Provision Board, as outlined in Sections 114 and 115 of the Nigerian Communications Act. The Universal Access and Universal Service Regulations 2007 issued by the NCC elaborate further on the functions of the Universal Service Provision Board.

4.3 How is interconnection regulated in your jurisdiction? What rules and requirements apply in this regard? Are interconnection and network access charges subject to price regulation?

Interconnection in Nigeria is regulated by the NCC under Sections 96-100 of the Nigerian Communications Act. Other relevant regulations issued by the NCC to regulate interconnection between licensees include:

• the Telecommunications Networks Interconnection Regulations;
• the Guidelines on Procedure for Granting Approval to Disconnect Telecommunications Operators;
• the Guidelines on the Technical Standards for Interconnectivity of Networks;

Under the Nigerian Communications Act, upon receiving a request for interconnection, a network service or facilities provider must interconnect with the other party based on the terms negotiated. The interconnection agreement must be:

• executed in writing; and
• registered with the NCC within 30 days of execution.

The NCC retains the authority to intervene in any interconnection agreement:

• at the request of either party;
• in the absence of consensus or public interest; or
• if the agreement violates laws or regulations.

Additionally, the NCC is vested with the power to establish interconnection regulations. Regardless of the provisions of the agreement, a party is prohibited from disconnecting the other party without prior approval from NCC.

Operators are allowed to negotiate interconnection charges, but the NCC can intervene to set rates if there is a failure to reach agreement. Interconnection and network access charges are subject to price regulation by the NCC to ensure fairness and compliance with industry standards.

According to Regulation 6 of the Telecommunications Networks Interconnection Regulations 2003, interconnection charges and costs – unless specified by the NCC – must observe the following principles, according to the Guidelines on Interconnection of Telecommunications Networks:

• Adhere to objective criteria, transparency and cost orientation;
• Ensure sufficient unbundling, preventing payment for unnecessary network elements;
• Avoid hidden anti-competitive cross-subsidies;
• Reflect underlying cost categories; and
• Include a fair share of joint costs, common costs and those related to equal access, number portability and essential requirements proportionally approved or set by the NCC if necessary.

4.4 What rules and requirements govern the allocation and use of telephone numbers in your jurisdiction?

Under Sections 128 and 129 of the Nigerian Communications Act, the NCC has sole responsibility for the administration, control, management and assignment of numbers. Its functions include developing, managing and administering a National Numbering Plan. The Numbering Regulations 2008 issued by the NCC regulate the allocation of telephone numbers in Nigeria.

To secure a number assignment, a communication licence holder must apply to the NCC, providing details such as:

• contact information;
• licence type;
• intended services;
• geographical areas for calls;
• requested quantity of numbers; and
• usage predictions.

The NCC will evaluate the application by considering factors such as:

• past assignments;
• licence statements;
• usage conditions;
• digit analysis capabilities;
• predicted utilisation; and
• adherence to regulations.

The decision to grant the application will also be influenced by:

• current assignments;
• quantity and fragmentation of unassigned blocks; and
• compliance with numbering-related obligations under the Nigerian Communications

4.5 What rules and requirements govern number portability in your jurisdiction?

The regulatory framework for number portability in Nigeria is outlined in the Nigerian Mobile Number Portability Business Rules and Port Order Processes, the latest version of which (5.0) was published in December 2020. These rules – along with the Mobile Number Portability Regulations 2014 issued by the NCC – establish the legal, regulatory and technical guidelines for implementing number portability in the country.

Number portability, which is mandatory for all mobile network operators, is currently applicable only to Global Systems for Mobile networks and does not extend to fixed number portability.

The porting process is initiated by subscribers. The recipient operator, the Number Portability Clearinghouse and the donor operator then validate the porting request through message exchanges. Maximum time limits are set for each stage of the porting process and operator responses in excess of the defined time limits are recorded by the Number Portability Clearinghouse and reported to the NCC as a violation of Nigerian law.

However, a port request may be rejected for various reasons set out in Appendix A of the Mobile Number Portability Order, 2020.

4.6 Are retail customer charges subject to price regulation in your jurisdiction?

The NCC imposes retail price controls on operators through established price caps and floors. Operators cannot establish tariffs that deviate from these standards without NCC approval. In fulfilling its regulatory mandate to safeguard consumer interests and prevent unfair practices concerning tariffs and charges, the NCC may intervene by determining and setting tariff rates for non-competitive services provided by operators, as deemed necessary.

4.7 Are retail customer terms and conditions subject to regulation in your jurisdiction?

In Nigeria, retail customer terms and conditions are subject to regulation as outlined in the NCC Consumer Code of Practice Regulations 2007. According to these regulations, consumers have the explicit right to:

• clear and comprehensive terms and conditions for service agreements; and
• full disclosure of prices for goods and services.

Consumers must affirmatively accept all terms and conditions before being charged for services.

The General Consumer Code of Practice, provided as Schedule 1 to the Regulations, serves as a benchmark, establishing the minimum requirements and standards applicable to licensees in the provision of services and related consumer practices. The regulations specify that the contract between service providers and consumers must include essential information about the term, encompassing details such as:

• the commencement date;
• the minimum contract term (if applicable);
• the conditions and terms of termination;
• situations in which early termination is allowed;
• charges for early termination;
• renewal terms;
• disconnection and reconnection conditions and fees;
• the refund of any deposit;
• the conditions leading to service interruption or discontinuation; and
• the terms relating to the delivery, installation or activation of

5 Spectrum use

5.1 How is spectrum use authorised in your jurisdiction? Do any exemptions apply?

In Nigeria, the Nigerian Communications Commission (NCC) is responsible for authorising spectrum use. According to the Nigerian Communications Act, the NCC has the sole and exclusive power to manage and administer the frequency spectrum for the communications sector. This includes granting licences and regulating the use of the spectrum. The powers that were previously held by the minister under the Wireless Telegraphy Act have been transferred to the NCC.

Pursuant to Section 123 of the Nigerian Communications Act, the Spectrum Trading Guidelines were issued; an updated version was published in 2020.

Under Section 122 of the Nigerian Communications Act:

• the illegal use of spectrum is prohibited; and
• no one can intentionally transmit in any part of the spectrum to provide a service without holding a frequency licence issued by the NCC.

The NCC has the authority to grant licences for wireless telegraphy, which are issued in the prescribed form or any other form approved by the NCC. The grant or renewal of a licence is at the discretion of the NCC. However, the law requires all telecommunication services provided in Nigeria to be provided pursuant to a licence granted by the NCC. That said, under Regulation 6 of the Licensing Regulations, the NCC can exempt an entity or a specified communication service from the need to obtain a licence before operation by issuing an exemption order. However, before issuing the exemption order, the NCC must ensure that the service to be provided will not interfere with or cause harm to the service provider or consumers.

5.2 What is the procedure for allocating spectrum in your jurisdiction?

The procedure for allocating spectrum in Nigeria is outlined in Regulation 9 of the Spectrum Trading Guidelines of 2022. The key steps are as follows:

• Prospective applicants must obtain a trade application form (TAF) by paying the requisite fee.
• The completed TAF, along with the draft spectrum trading agreement between the trading parties, must be submitted to the NCC.
• The NCC will evaluate the submitted TAF and communicate its decision to the applicant within 30 days, with a possible extension of up to 15 days.
• If the application is approved, the NCC will specify conditions for the transaction, including:
• • payment of fees; and
  • filing of the executed spectrum trading agreement.
• If the application is not approved, the NCC will convey the reasons for refusal.

5.3 How long does it typically take? What costs are involved?

Typically, after submission of the applicant's TAF, the NCC must communicate its decision to the applicant within 30 days. Under Regulation 9.1 of the Spectrum Trading Guidelines, the NCC may extend this period for a further 15 days.

The following fees are associated with the spectrum trading process:

• The TAF costs NGN 10,000.
• Approved applicants must pay an administrative fee of 1% of the gross proceeds.
• Additional fees may apply, such as 70% of the net proceeds for trading spectrum acquired through the administrative process.
• For trials not exceeding three months, only an administrative fee is required.
• After approval, the NCC can subsequently recover from a buyer or seller any fee that was not paid on a transaction due to non-disclosure of gross proceeds and/or net proceeds.

5.4 What are the penalties for unauthorised spectrum use or breach of authorisation?

Under Section 41(2) of the Nigerian Communications Act:

• any assignment or transfer of a licence by a licensee without notifying and obtaining due approval from the NCC is null and void; and
• the NCC will impose such appropriate sanctions as are provided for in Nigerian Communications Enforcement Regulations 2005.

Under Section 122 of the Nigerian Communications Act, anyone that intentionally transmits in any part of the spectrum in order to provide a service without holding a frequency licence may be subject on conviction to:

• a fine;
• imprisonment; and/or
• forfeiture of property, facilities, installations and equipment used to provide the service.

Part VII of the Licensing Regulations 2019 further provides for relevant sanctions for breach of the terms of a licence.

5.5 Can a spectrum authorisation be transferred? If so, what is the process for doing so?

Yes, a spectrum authorisation can be transferred under the NCC Spectrum Trading Guidelines 2022. However, the transfer process must adhere to certain conditions and criteria specified in the guidelines. The transfer of a spectrum authorisation is governed by specific regulations outlined by the Nigerian Communications Commission (NCC), particularly in the NCC Spectrum Trading Guidelines 2022. According to the guidelines:

• spectrum trading is allowed between licensees that comply with the criteria specified in the guidelines; and
• spectrum trading can be permitted in either the entire licensed area or specific parts thereof.

The rights and obligations of the seller before the spectrum is traded will apply to the buyer after the trade.

The conditions that must be met by the licensee to be eligible for trading include the following:

• The buyer must be a licensee of the NCC.
• Board resolutions consenting to the transaction must be submitted.
• The seller must have held the spectrum for at least one year.
• The seller must have achieved at least 25% of the roll-out obligation specified in the spectrum licence.
• Both the seller and the buyer must have been in good regulatory and financial standing with the NCC for at least two years.
• The NCC must ensure that the sale price reflects the fair market value of the spectrum.

The process unfolds as follows:

• The licensee intending to transfer spectrum must submit an application for spectrum trading to the NCC.
• The application should include all necessary documentation, such as board resolutions and details of the transaction.
• The NCC will evaluate the application based on the specified criteria.

6 Internet

6.1 What provisions apply to high-speed broadband in your jurisdiction? Are there any government incentives to promote broadband penetration?

In Nigeria, high-speed broadband networks are not regulated by specific regulations; instead, they are subject to the same regulatory framework as other networks. However, the Ministry of Communications and Digital Economy has taken significant steps to boost broadband penetration through the Nigerian National Broadband Plan (2020-2025). The plan recommends various initiatives and incentives to specifically promote broadband penetration in Nigeria, including the following:

• Establish a seed fund for integrated infrastructure deployment.
• Coordinate operators for integrated infrastructure deployment and open access initiatives.
• Collaborate with stakeholders to incentivise a harmonised process for the issuance of right-of-way permits.
• Review the current Universal Service Provision Fund subsidy model.
• Increase subsidies and incentives for broadband coverage.
• Encourage the local production/assembly of telecommunication/ICT end-user equipment and devices.
• Grant pioneer status to investors for local production/assembly.
• Reduce/waive duties, taxes and charges on imported equipment, components and parts.

6.2 What net neutrality regulations apply in your jurisdiction? Are any exemptions and/or exceptions available?

Net neutrality in Nigeria is addressed through the Nigerian Communications Commission's (NCC) Internet Industry Code of Practice, published in 2017. While the Nigerian Communications Act and the Licensing Regulations offer general guidance, encouraging licensees to operate fairly and without discrimination, the Internet Industry Code serves as a more detailed and specific framework.

The code actively safeguards the right of internet users to an open internet and provides explicit guidelines for internet service providers (ISPs) regarding traffic management practices. ISPs are prohibited from:

• blocking lawful content, applications, services or non-harmful devices, except for reasonable network management;
• impairing or degrading lawful internet traffic based on content, source, destination, application, service or device, except for reasonable network management; and
• engaging in preferential data prioritisation.

6.3 Are internet service providers (ISPs) obliged to block or restrict access to specific websites or types of content in your jurisdiction?

ISPs are generally prohibited from blocking lawful content, applications, services or non-harmful devices, as specified in the Internet Industry Code of Practice. However, under Sections 146 and 147 of the Nigerian Communications Act, the NCC can authorise an interception or restriction by a licensee. Also, Section 61 of the new Copyright Act 2022 empowers the Nigerian Copyright Commission – directly or with the assistance of any other person – to block or disable access to any content, link or website hosted on a system or network which it reasonably believes may be infringing copyright under the act.

Section 146 of the Nigerian Communications Act imposes a general duty on licensees – including ISPs – to use their best endeavours to prevent their network facilities, services, applications or content applications from being used for or in relation to the commission of any offence under any Nigerian law. Section 147 of the Nigerian Communications Act grants the NCC the power to determine that a licensee, or a class of licensees, should implement the capabilities to allow authorised interception of communications.

Further, the Lawful Interception of Communications Regulations 2019, issued by the NCC:

• expand the government's ability to intercept communications; and
• designates the Office of the National Security Adviser and the State Security Service for the purpose of interception.

The Cybercrimes Act of 2015 and the Terrorism (Prevention) (Amendment) Act of 2013 also authorises the interception of communications by order of the court.

6.4 Is the use of virtual private networks permitted in your jurisdiction?

Yes, the use of virtual private networks is permitted in Nigeria. There are no laws or regulations that explicitly prohibit their use, provided that such use does not involve illegal activity.

6.5 In what circumstances will ISPs be held liable for offending content carried on their networks? What defences are available?

Internet service providers (ISPs) in Nigeria may be held liable for offending content carried on their networks under certain circumstances, such as:

• failure to prevent offences under Section 146 of the Nigerian Communications Act; or
• failure to comply with interception regulations in order to prevent liability, defamation or copyright infringement.

Section 61 of the Copyright Act of 2022 empowers the NCC to block or disable access to any content, link or website hosted on a system or network that it reasonably believes may be infringing copyright under the act. This implies that the NCC – either directly or with the assistance of other entities – has the authority to take measures to restrict access to specific websites or content that is deemed to be infringing.

However, the NCC's Guidelines for the Provision of Internet Service set out certain defences, as follows:

• ISPs are not liable if they act as mere conduits, meaning that they have not initiated the communication, selected recipients or modified the content of the transmission. In this case, prompt removal or disabling of access upon notification is a key defence.
• ISPs are not liable for cached content if they:
• • do not modify the information or interfere with access conditions; and
  • comply with updating rules and promptly remove or disable access upon notice.
• ISPs are protected from liability for hosting information if they:
• • do not modify it;
  • do not interfere with access conditions;
  • have no knowledge of illegal activity; and
  • promptly respond to takedown notices.
• ISPs can defend themselves by demonstrating compliance with:
• • the lawful interception regulations;
  • the content guidelines; and
  • other relevant provisions.

Also, under the Copyright Act, a service provider will not be liable for monetary relief for infringement if the material is stored at the direction of a user on a system or network controlled or operated by the service provider or refers or links users to an online location containing infringing material, provided that the service provider:

• lacks actual knowledge that the material is infringing;
• is not aware of facts or circumstances from which the infringement is apparent;
• acts expeditiously to remove or disable access to the material upon obtaining knowledge or awareness of infringement; and
• does not receive a financial benefit which is directly or indirectly attributable to the infringing activity when having the right and ability to control such activity.

6.6 How are digital platforms regulated in your jurisdiction?

There is no single blanket law governing all aspects of digital platforms in Nigeria. Instead, regulation is fragmented across various existing laws and regulations.

On 13 June 2022, the National Information Technology Development Agency released the draft Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries. The draft code aims to safeguard the security and interest of Nigerians and non-Nigerians with respect to activities conducted on online platforms. It also regulates the activities of online platforms, including websites and social media operators.

With regard to data protection and the handling of data, the new Nigeria Data Protection Act 2023 is the first comprehensive statute on data protection in Nigeria, replacing the Nigeria Data Protection Regulations 2019 as the primary instrument on data protection in Nigeria. It governs the processing of personal data, whether by automated means or not.

Similarly, the Copyright Act of 2022 in Nigeria includes provisions that regulate digital platforms, particularly concerning the infringement of copyright on online content.

7 Media

7.1 What rules and requirements apply to public broadcasters in your jurisdiction?

The Sixth Edition of the Nigeria Broadcasting Code divides broadcasting into three tiers:

• public broadcasting;
• commercial broadcasting; and
• community broadcasting.

To operate a public broadcasting service, a licence must be obtained from the National Broadcasting Commission (NBC). Public broadcasting licences are categorised based on the intended coverage area, such as national, regional or state licences.

Beyond licensing, public broadcasters must adhere to various rules and requirements set forth in the code. These include content guidelines;

• promoting national unity and cultural diversity;
• imposing local content quotas; and
• requiring balanced reporting of news and current affairs.

7.2 What rules and requirements apply to commercial broadcasters in. your jurisdiction?

Commercial broadcasters in Nigeria operate under a similar framework to public broadcasters, as they also:

• need a broadcasting licence from the NBC specifying the service type and coverage area; and
• are obliged to:
• • abide by the National Broadcasting Code; and
  • uphold the relevant ethical and professional standards.

7.3 Do any 'must-carry' obligations apply in your jurisdiction? If so, what are they and how are they funded?

Yes. The Sixth Edition of the Nigeria Broadcasting Code defines the term 'must carry' as a requirement that cable companies carry local channels as part of their offerings. However, the code does not expressly state how this requirement is to be funded. The code does provide that:

• public service broadcasting is to be publicly funded, with funds from:
• • the first line charge of the federation account;
  • part of the digital access fee; and
  • part of the radio and television set licence fees;
• private/commercial broadcasting is to be privately funded through:
• • profits;
  • sponsorships, advertising; and
  • other sources; and
• community broadcasting service is to be funded through:
• • community resources raised through contributions and membership fees; and
  • donations, gifts and grants, which must be disclosed to the NBC at least twice a year or upon request by the NBC.

7.4 Do any local content requirements apply in your jurisdiction? Do any restrictions apply to foreign content? What exemptions and/or exceptions are available?

Yes, local content requirements and restrictions apply in Nigeria to all types of broadcasts. The National Broadcasting Code generally requires that a broadcaster operating under a network licence ensure 100% local content. It further states the minimum quota of local content as follows:

• Radio and television: Minimum 60% local content (20% for local satellite retransmission).
• Pay subscription licensees: Minimum 20% local content (15% Nigerian, 5% African).
• Public service broadcaster at the national level: Minimum 10% of weekly broadcast hours in local languages.
• Internet radio/TV: 60% local content.
• Free-to-air TV (7-10 pm 'family belt'): 100% Nigerian-produced programmes.

The National Broadcasting Code further imposes restrictions on foreign content such that a broadcaster must ensure that:

• non-Nigerian programmes are not broadcast during the 7-10pm family belt; and
• programmes promoting foreign culture, violence, obscenity or vulgarity are prohibited during the family belt.

Under Regulation 3.0.2.4, a programme in a foreign language may not be transmitted without subtitles in the official language, except for sports, religious and niche programmes where the language is easily understood. Where a pay subscription broadcaster retransmits foreign signals not meant for the Nigerian territory, approval and relevant agreements/franchises must be submitted to the NBC.

Under Regulation 3.14.1, foreign content is permitted if it has intrinsic relevance to the education, information or entertainment of the Nigerian citizenry.

7.5 What other content requirements and restrictions apply in your jurisdiction? Do these vary depending on the distribution channel (eg, traditional broadcast media versus new media)?

Beyond the mandated local content requirements in Nigeria, various other content regulations and restrictions apply under the National Broadcasting Code. Generally, programmes must:

• adhere to ethical values;
• avoid offensive content, violence, discrimination or misinformation; and
• ensure that:
• • minors are protected; and
  • national unity and positive societal values are promoted.

Additionally, news reporting must be accurate, balanced and objective.

7.6 How is advertising regulated in your jurisdiction? Does this vary depending on the distribution channel?

In Nigeria, advertising is regulated by:

• the Advertising Regulatory Council of Nigeria (ARCON) Act, 2022; and
• Chapter 7 of the National Broadcasting

These statutes set out comprehensive regulations on advertising. The ARCON Act;

• requires all advertisers to obtain a licence; and
• addresses online advertising and advertising on various other media platforms.

The ARCON Act and the National Broadcasting Code do not explicitly specify different rules for different distribution channels. Instead, the code regulates based on the nature of the ad – for example, whether it is political, medical, religious and so on.

8 Competition

8.1 What competition-related provisions (eg, structural or functional separation requirements; significant market power requirements; media plurality rules) apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

In Nigeria, multiple entities are involved in the regulation of competition in the telecommunications, media and internet sectors to ensure fair practices and prevent anti-competitive behaviour. The primary competition regulator is the Federal Competition and Consumer Protection Commission (FCCPC), established under the Federal Competition and Consumer Protection Act (FCCPA).

Before the introduction of the FCCPA, competition laws were scattered and specific to various industries. The FCCPA unified and codified these rules. Today, the FCCPC oversees competition matters, including:

• preventing and penalising anti-competitive practices;
• regulating mergers, takeovers and acquisitions; and
• ensuring fair play across all sectors in Nigeria.

The FCCPA also created the FCCPT, a tribunal that handles disputes arising from the law.

However, in the telecommunications, media and internet sectors, the Nigerian Communications Act and the National Broadcasting Commission (NBC) Code set out the competition regulations. The Nigerian Communications Commission (NCC), guided by the Nigerian Communications Act and the Competition Practices Regulations 2007, regulate competition for licensees in the telecommunications industry. This framework addresses issues such as:

• market dominance;
• anti-competitive agreements;
• abuse of dominant position; and
• regulation of mergers, acquisitions and takeovers.

Further, the NCC Competition Practices Regulations, 2007 mandates licensees to inform the NCC of proposed changes in shareholding, to ensure transparency in case of a transfer of ownership. These include:

• transactions that result in a change of control of the licensee; or
• the transfer or acquisition of individual licences granted by the NCC.

8.2 To what extent can the national competition regulator intervene in the relevant sectors? What is the interplay between the competition regulator and the various sectoral regulators?

The national competition regulator in Nigeria is the FCCPC, established by the FCCPA. The interplay between the FCCPC and sectoral regulators – such as those in the telecommunications, media and internet sectors – involves collaboration and information exchange. While the FCCPC has overarching authority, sectoral regulators such as the NCC and the NBC retain specific powers within their industries.

Part III of the FCCPA sets out the functions of the FCCPC, which include existing sectoral competition laws and regulations. Among other things, the FCCPC is responsible for:

• administrating and enforcing the FCCPA and any other statutes with respect to competition and protection of consumers;
• initiating broad-based policies and reviewing economic activities in Nigeria to identify anti-competitive, anti-consumer protection and restrictive practices which may adversely affect the economic interest of consumers, and enacting rules and regulations under the FCCPA and other statutes with regard to competition and protection of consumers;
• advising the federal government on matters relating to the operation of the FCCPA, including making recommendations to the federal government for the review of policies, legislation and subsidiary legislation as considered appropriate or as may be requested by the federal government or any of its ministries, departments or agencies to eliminate anti-consumer protection and anti-competitive behaviour; and
• exchanging advice with other regulatory authorities and agencies within the relevant industries and sectors in relation to consumer protection and competition matters.

In practice, this means that the FCCPC can intervene in relevant sectors by addressing issues related to anti-competitive practices and consumer protection. However, the FCCPC is not the exclusive authority in certain sectors. The FCCPC and sectoral regulators consult and collaborate to ensure a comprehensive and effective regulatory framework.

8.3 How are mergers and acquisitions in the relevant sectors treated from a competition perspective?

The regulatory framework governing mergers and acquisitions aims to restrict unfair practices and prevent any negative impacts on fair competition that may occur due to undue concentration of market power by reason of a merger.

However, while mergers and acquisitions may result in anti-competitive practices, they are also acknowledged for their capacity to deliver substantial benefits.

8.4 What other specific challenges or concerns do the relevant sectors present from a competition perspective?

Generally, a few major players have a significant market share, which causes concerns about potential abuse of dominance and more limited options for consumers. There is also uneven access to infrastructure across geographical regions, which creates an uneven playing field for smaller players and hinders wider market participation.

Evolving regulations and policy changes also create uncertainty for businesses, impacting investment and innovation.

9 Data security and cybersecurity

9.1 What data security regimes apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

The recent Nigeria Data Protection Act 2023 (NDPA) – which replaced the Nigeria Data Protection Regulation 2019 issued by the National Information Technology Development Agency – covers all organisations that process the personal data of Nigerian citizens inside and outside of Nigeria. It prescribes minimum data protection requirements for:

• the collection, storage, processing and management of such information; and
• operational and technical controls in relation to such information.

Hence, the NDPA applies across the telecommunications, internet, media and social media sectors.

The NDPA provides as follows:

• Personal data must be processed fairly and lawfully;
• Personal data must be used only in accordance with the purposes for which it was collected;
• Personal data must be adequate, relevant and not excessive;
• Personal data must be accurate and, where necessary, kept up to date;
• Personal data must be kept for no longer than is necessary;
• Personal data must be processed in accordance with the rights of data subjects;
• Appropriate technical and organisational measures must be established to protect the data; and
• Personal data must not be transferred outside of Nigeria unless adequate provisions are in place for its protection.

However, specifically in the telecommunications sector, the General Consumer Code issued by the Nigerian Communications Commission (NCC) as a schedule to the Consumer Code of Practice Regulations 2007 recognises and restates the internationally accepted general principles on data protection and privacy, and is largely similar to the NDPA. The code also sets out detailed complaint submission and handling processes for the contravention of any of its provisions.

The Registration of Telephone Subscribers Regulations 2011 were issued by the NCC to provide a regulatory framework for:

• the registration of subscribers to mobile telephone services; and
• the establishment, control, administration and management of the central database, which is the property of the federal government of Nigeria and is kept at the NCC.

In compliance with the regulations, mobile telephone service providers must collect, store and transmit subscriber information to the central database. However, the regulations allow mobile telephone service providers to retain and use subscriber information collected by them on their networks in accordance with the General Consumer Code of Practice for Telecommunications Services, which complies with international standards on data protection and privacy.

9.2 What cybersecurity regimes apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

The primary statute governing cybersecurity in Nigeria is the Cybercrimes (Prohibition, Prevention, etc) Act (2015), commonly referred to as the Cybercrimes Act. This act establishes a comprehensive and unified legal framework to address cybercrime, covering the prohibition, prevention, detection, prosecution and punishment of cybercrime. Its scope includes:

• safeguarding critical national information infrastructure, computer systems, networks, electronic communications, data and computer programs; and
• protecting privacy rights.

In addition to the Cybercrimes Act, other relevant laws, policies and guidelines have been implemented to enhance cybersecurity measures. They include the following:

• The Money Laundering (Prohibition) Act, 2022 aims to prevent the undeclared transfer of funds or securities in excess of $10,000 to and from foreign countries through the use of the Internet.
• The Criminal Code Act makes it a criminal offence to obtain goods or credit through false pretences or other fraud.
• The Advance Fee Fraud and Other Fraud Related Offences Act, 2006 makes it a criminal offence to obtain property through false pretences and with the intent to defraud.
• Section 146 of the Nigerian Communications Act requires licensees to use their best endeavours to prevent the network facilities that they own or provide, or network services, application services or content application services that they provide, from being used in or in relation to the commission of any offence under any law in operation in Nigeria.
• Part VI of the Nigerian Copyright Act, 2022 criminalises the circumvention of technological protection measures (TPMs) designed to safeguard copyrighted works, such as encryption, digital rights management and authentication systems. It also prohibits the manufacture, distribution or sale of tools or services intended to circumvent TPMs.
• The National Cybersecurity Policy (2014), issued by the Office of the National Security Adviser (ONSA), aims to establish an effective legal framework and governance mechanism for Nigeria's presence in cyberspace. It aims to develop information security and control mechanisms to protect national critical information infrastructure and associated economic infrastructure operating in cyberspace.
• The Risk-Based Cybersecurity Framework and Guidelines for Deposit Money Banks and Payment Service Providers (2018) issued by the Central Bank of Nigeria came into effect in January 2019. They provide guidance to deposit money banks and payment service providers on implementing their cybersecurity programmes, emphasising a risk-based approach to cybersecurity.

9.3 What other specific challenges or concerns do the relevant sectors present from a data security/cybersecurity perspective?

Generally, although the laws that regulate cyber and data security regimes across the TMT sectors are relatively robust, the regulatory bodies lack the necessary resources and personnel to enforce these provisions effectively across the country. Nigeria's cybersecurity infrastructure is not sufficiently developed to effectively monitor and track circumvention activities.

Also, reliance on outdated software and hardware creates inherent vulnerabilities, presenting opportunities to attackers. However, upgrading or migrating to secure platforms can be cost prohibitive for many businesses.

The NDPA imposes stricter data handling regulations, requiring significant efforts to ensure compliance and avoid hefty penalties. Smaller businesses with limited resources may struggle to adapt to these changing requirements.

10 Trends and predictions

10.1 How would you describe the current TMT industry landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

The TMT landscape in Nigeria continues to evolve, as the Nigerian economy becomes increasingly digital and businesses and consumers adopt digital technologies at a rapid pace. Mobile banking is becoming a popular way to send and receive payments, especially in rural areas. E-commerce is growing rapidly, fuelled by the increasing availability of affordable internet access and smartphones. Nigerians are consuming and creating more content online than ever before, with a growing demand for local content. The 5G technology rollout has also begun, increasing broadband penetration across the country.

The TMT industries recently witnessed the introduction of new laws including the Copyright Act of 2022 and the Nigeria Data Protection Act of 2023. In order to enhance fixed and mobile broadband penetration in Nigeria, the government also unveiled the Nigerian National Broadband Plan 2020-2025 in March 2020.

As telecommunication services expand to include digital platforms, cloud-based solutions and Internet of Things devices, there is greater need for cybersecurity professionals and growing demand for highly skilled network engineers to develop, maintain and optimise these networks.

The integration of artificial intelligence (AI) with telecommunications networks is also anticipated to grow, leading to the creation of new job roles, including AI specialists, engineers and developers. This will increase the need for an even more sophisticated data regime in Nigeria.

All of this intensifies the pressure on the Nigerian government and policymakers to develop a more structured regulatory framework. The new laws anticipated include the following:

• The 2002 National Information Technology Development Agency (NITDA) Act may be repealed and replaced by the pending NITDA Bill 2021 which is currently before the National Assembly. The bill will govern the administration, implementation and regulation of IT systems and practices, as well as the digital economy. The bill is expected to introduce a regulatory framework for social media.
• In 2023, the Nigerian government approved the review of the Nigerian Communications Commission (NCC) Act 2003 in order to clearly distinguish the regulatory role of the NCC from the IT policy development and implementation roles of the NITDA.
• In October 2023, the National Broadcasting Commission officially confirmed that a bill is pending before the National Assembly that would repeal and amend the National Broadcasting Commission Act, 2004 to accommodate the transition from analogue to digital broadcasting. It would also govern:
• • the efficient management of the spectrum;
  • the Nigeria Broadcast Institute;
  • social media regulation; and
  • other related matters.

11 Tips and traps

11.1 What are your top tips for TMT players seeking to operate in your jurisdiction and what potential sticking points would you highlight?

Our top tips are as follows:

• Strictly observe regulatory compliance: Nigeria's TMT regulatory framework is evolving rapidly, so staying abreast of current and upcoming legislation is important. Engaging local counsel is recommended.
• Forge partnerships with established Nigerian companies that can:
• • provide invaluable market insights;
  • navigate cultural nuances; and
  • build trust with local audiences.
• This can be particularly helpful for:
• • understanding consumer preferences and distribution channels; and
  • navigating government processes.
• As mobile broadband is the primary access point for most Nigerians:
• • develop user-friendly mobile apps;
  • invest in mobile-optimised websites; and
  • ensure that services function seamlessly on various network speeds and devices.
• Invest in local content.
• Prioritise cybersecurity, as data security is a major concern in Nigeria:
• • Implement robust data protection measures;
  • Comply with the NDPA; and
  • Ensure transparency in the data handling practices.

Potential sticking points include the following:

• While mobile penetration is high, fixed broadband infrastructure is still developing. Investors should:
• • prepare for potential internet connectivity issues; and
  • consider adapting services to operate reliably in regions with less robust infrastructure.
• Navigating the interplay between different regulatory bodies – such as the Nigerian Communications Commission, the National Information Technology Development Agency Act, and the National Broadcasting Commission – can be complex. Seek guidance from local experts to ensure smooth compliance across all relevant jurisdictions.
• The Nigerian naira can be volatile, impacting operational costs and revenue forecasts. Develop strategies to mitigate currency fluctuations and protect your business from financial instability.
• Finding qualified cybersecurity professionals can be challenging in Nigeria. Investors should consider collaborating with local universities or developing training programmes to:
• • build a skilled talent pool; and
  • bolster their cybersecurity capabilities.

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.