Nigeria and its Government have finally seen the light as all internet services and social media platforms, respectively, have been directed to engage a full-time Nigerian Representative who will interface with the Nigerian authorities, among other demands.
The Federal Government, FG, is carrying out this action through the National Information Technology Development Agency, NITDA, using the newly launched Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries.
The agency has also directed Facebook, Twitter Tik Tok, Google and other internet platforms to register with Corporate Affairs Commission, CAC.
However, the use of the Code of Practice in dealing with Interactive Computer Service Platforms/Internet Intermediaries (Platform) is to:
- Abide by Nigerian laws and not deploy or modify their Platform in any way that will undermine or interfere with the application and/or enforcement of the law.
- 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 to carry out an investigation, combat cybercrimes, or prosecute an offence.
- Act expeditiously upon receiving a notice from a user, or an authorised government agency of the presence of unlawful content on its Platform. A Platform must acknowledge the receipt of the complaint and take down the content within 24 hours.
- Act expeditiously to remove, disable, or block access to non-consensual content that exposes a person’s private areas, full or partial nudity, sexual act, deep fake, or revenge porn, where such content is targeted to harass, disrepute, or intimidate an individual. A Platform must acknowledge the receipt of the complaint and take down the content within 24 hours.
- Disclose the identity of the creator of information on its Platform when directed to do so by a Court order. Provided that an order of this nature shall apply for preventing, detecting, investigating, or prosecuting an offence concerning the sovereignty and integrity of Nigeria, public order, security, diplomatic relationships, felony, incitement of an offence relating to any of the above or concerning rape, child abuse, or sexually explicit material. Where the first creator of the message in question is located outside Nigeria, the first creator of that information in Nigeria shall be deemed to be the first creator.
- Exercise due diligence to ensure that no unlawful content is uploaded to their Platform. Where a Platform receives a notice from a user or any authorised government agency that 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 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 content that are unlawful or harmful.
- Provide a mechanism or channel that is available all the time where a user can lodge complaints against content that are unlawful or harmful.
- Provide a complainant with a unique code or ticket number for tracking the progress of a complaint.
- Inform the user or authorised government agency in writing, of the findings and resolutions of the complaint and furnish the respective parties with the evidence used in the determination.
- Make provision for verifying official government accounts and authorised government agencies subject to approval by NITDA. The account shall only be used for official purposes and NITDA reserves the right to withdraw approval by notifying the Platform in writing, stating the grounds for such action.