Reactions have continued to trail the recent deactivation of 13.6 million accounts of social media users in Nigeria for allegedly violating regulations.
Wednesday’s action of the interactive computer service platforms, such as Google, Microsoft and TikTok, among others, was contained in a Code of Practice 2024 Compliance Report submitted to the Federal Government of Nigeria.
The Code of Practice was issued jointly by the Nigerian Communications Commission (NCC), the National Information Technology Development Agency (NITDA) and the National Broadcasting Commission (NBC).
The 2024 report was titled “Code of Practice, 2024 Compliance Report Highlights Social Media Platforms’ efforts on Online Harm Protection.”
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Disclosing this on Wednesday, the Director of Corporate Communications and Media Relations of the NITDA, Hajiya Hadiza Umar, said a total of 58.9 million offensive contents were taken down from various platforms.
Hajiya Hadiza, who commended Google, Microsoft and TikTok for their continued compliance with the Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries, also noted that 754,629 were “registered complaints.”
She added that 420,439 contents were removed and re-uploaded following appeals by users.
“The compliance reports provide valuable insights into the platforms’ efforts to address user safety concerns in line with the Code of Practice and the platforms’ community guidelines.
“The submission of these reports marks a significant step towards fostering a safer and responsible digital environment for Nigerian users.
“It also demonstrates the platforms’ commitment to ensuring a secure and trustworthy online environment for all.
“This achievement reflects the provisions of the Code of Practice, which mandates that large service platforms are registered in Nigeria and comply with relevant laws, including the fulfillment of their tax obligation, while reinforcing the commitment to online safety for Nigerians.
“While the NITDA acknowledges these commendable efforts, we emphasise that building a safer digital space requires sustained collaboration and engagement among all stakeholders.
“We remain committed to working with industry players, civil society and regulatory partners to further strengthen user safety measures, enhance digital literacy and promote trust and transparency in Nigeria’s digital ecosystem,” she said.
Weekend Trust reports that the Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries seeks to rid the online and digital space of content, which is not unlawful but harmful; the unintentional dissemination of false information and verifiably false or misleading information that cumulatively, is created, presented and disseminated for economic gain or to deceive the public intentionally. And that may cause public harm.
It also prohibits content or information that a Court of record declared to be against the sovereignty, public interest, security, peace, or is otherwise prohibited by applicable Nigerian laws and an action or inaction with a reasonably foreseeable risk of having an adverse physical or psychological impact on individuals and the society.
The codes issued in June 2022 during the administration of the late Muhammadu Buhari also include any content or information objectionable on the grounds of public interest, morality, order, security, peace, or otherwise prohibited by applicable Nigerian law.
It stipulates that contravening entities are liable to a fine of N200,000 or imprisonment for a term of one year or both – such fine and imprisonment (for first offenders) – or a fine of N500,000 for subsequent offenders.
Issued by the National Information Technology Development Agency (NITDA), the Code sets forth guidelines to govern online platforms (social media, blogs, streaming services) in Nigeria, focusing on user protection, lawful content moderation, and collaboration with government agencies to tackle misinformation and unlawful material.
It outlines obligations for both small and large-scale platforms (with over one million Nigerian users), including swift takedown measures for harmful or prohibited content, transparency in content moderation policies and procedures to address user complaints.
By enforcing certain standards such as protecting children from inappropriate content, maintaining records of complaints and providing compliance reports, this code aims to ensure a safer digital space for Nigerians, balancing the openness of the internet with users’ security and adherence to local laws.
It was launched as an initiative to regulate social media platforms, months after lifting the controversial seven-month X ban.
The federal government said the main goal of the code was to regulate and establish the best practices for platform providers and define the rules for interactions in conducting various activities in the Nigerian digital ecosystem.
The code, according to the government, also speaks to morality and information regulation as it aims to prevent users from promoting revenge porn, child sexual abuse, cyber-bullying and misinformation.
The code highlights specific responsibilities which platform providers are expected to bear in line with all information and content presented on their platform, as well as their duty to abide by Nigerian laws.
Large service platforms (LSPs) are required to fulfill certain conditions to operate in Nigeria, such as mandatory incorporation in Nigeria, payment of taxes, and the appointment of country representatives, who shall serve as a communication channel between the government and the platform provider.
Platform providers with less than 100,000 users may be required to comply with the obligations of an LSP where it appears necessary to preserve the sovereignty, security, public order, foreign diplomatic relations, and integrity of Nigeria, according to the code.
Non-compliance with the provisions of the code shall be construed as a breach of the provisions of the NITDA act of 2007, which provides for penalties such as fines and imprisonment for convicted offenders.
Policies allegedly targeting social media abuses
Following the #EndSARS protest of 2020 and the pro-Biafra agitations in the South-East, the Nigerian government under Muhammadu Buhari, in June 2021, suspended X, then Twitter due to its role in mobilising for the protests and raising funds.
The government said it blocked the app because of “the persistent use of the platform for activities that are capable of undermining Nigeria’s corporate existence.”
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The US government recently announced compulsory declaration of social media usernames and handles used in the past five years as a precondition for its DS-160 visa.
“We use all available information in our visa screening and vetting to identify visa applicants who are inadmissible to the United States, including those who pose a threat to US national security. Since 2019, the United States has required visa applicants to provide social media identifiers on immigrant and non-immigrant visa application forms,” a statement on the website reads.
Several political leaders, such as Chief of Staff to the President, Femi Gbajabiamila and recently, Governor Francis Nwifuru of Ebonyi State, have also called for greater regulation of social media.
There are allegations that some social media critics disappeared after making some posts, which may have offended some people.
The latest instance is Anas Muhammad Game, who has gone missing four weeks after allegedly following his social media post on the insecurity bedevilling the southern parts of Katsina State.
Muhammad, 27, a resident of Bakori town in Bakori Local Government, Katsina State, was said to have made a post concerning the exodus of community dwellers into Bakori town following incessant attacks, particularly in the neighbouring Faskari Local Government Area. It would be recalled that a Kaduna-based critic, Abu Abubakar Idris, popularly called Dadiyata, was declared missing in 2019 after making critical posts on the social media.
Lawyers differ on code’s provisions
In his reaction to the Code of Practice, Oyetola Muyiwa Atoyebi, a Senior Advocate of Nigeria (SAN), said some of the provisions were quite extreme and may pose some difficulties.
However, he said users should still see the positives of the Code of Practice as it will finally put an end to so many issues of bullying in the digital space.
“Users of internet service platforms can now be guaranteed of measures that have been clearly defined by the Code of Practice to help curb internet irregularities, posting of unauthorised contents and so on,” he said.
Speaking with Weekend Trust on the call code, Misbahu Kolapo said its provisions were generally commendable, but it may be argued that some of the provisions infringe on certain fundamental human rights, such as freedom of expression and the right to privacy.
“Specifically, the definition of harmful content seems to give the Nigerian government unfettered control over the determination of what constitutes the phrase,” he said.
In addition, he said the right to require the assistance of social media platforms, with investigations, albeit with a court order, was undoubtedly worrisome and posed a threat to the right of privacy of the users.
For his part, Hameed Ajibola Jimoh said it was the duty of the account user to study the contractual agreements or terms and conditions before creating an account with such platforms, as only the stipulated contracts could create remedies if breached.
“However, where there is a variation or non-consensual breach by the contracting parties, such acts will be unlawful, invalid and illegal.
“The party complaining has a remedy under the law for such a breach of the contract,” he said.
