Regulatory Overhaul in Nigeria’s Telecoms Sector
The Nigerian Communications Commission (NCC) has announced a comprehensive review of key regulatory instruments that govern the telecoms industry in Nigeria. This initiative aims to address emerging risks in the digital space and ensure that operators comply with stricter standards on internet use, data protection, and online safety.
The Executive Vice Chairman of the NCC, Aminu Maida, emphasized that the move is essential to keep pace with rapid technological changes that have “revolutionised communications and are pushing the limits on established concepts.” The revision of regulatory frameworks was discussed during a Public Inquiry held in Abuja, focusing on three subsidiary legislations: the Licensing Regulations, Enforcement Processes Regulations, and the Internet Code of Practice.
Key Focus Areas of the Revisions
The inquiry aimed at refining existing laws to ensure the communications industry remains efficient, competitive, and responsive to emerging challenges. According to Maida, represented by the Executive Commissioner of Stakeholder Management, Rimini Makama, the significance of this event cannot be overemphasized. He stated that these regulatory instruments play a crucial role in the successful and fluid operations of the communications industry, aligning with the Commission’s regulatory mandate.
The revised Internet Code of Practice will now function as a guideline, reflecting Nigeria’s evolving digital landscape. It aims to safeguard users’ rights while ensuring service providers uphold the highest standards of ethical and technical conduct. The guideline introduces robust provisions including open internet access, cybersecurity and data protection, use of artificial intelligence by operators, child online safety, network governance, and anti-spam measures.
Enhancing Compliance and Business Efficiency
The amendments to the licensing and enforcement regulations were designed to promote ease of doing business, encourage innovation, strengthen compliance, and preserve national security. The revised licensing regulations streamline the licensing process, clarify obligations, and introduce new provisions on general authorisations, renewal of licences, corporate restructuring and transfers, sanctions, and enforcement mechanisms.
The Head of Legal and Regulatory Services of the Commission, Mrs. Chizua Whyte, represented by the NCC’s Head of Dispute and Litigation, Lawrence Abang, highlighted that the regulatory updates are part of the commission’s mandate to create a vibrant and secure communications market that benefits all stakeholders. She explained that the revised Enforcement Processes Regulations would strengthen the commission’s ability to address recurring infractions such as pre-registered SIM cards and call masking, while also expanding the scope of compliance obligations placed on operators.
Strengthening the Regulatory Framework
Whyte noted that compliance with the laid down rules, regulations, and procedures is an integral part of the regulatory mandate. She emphasized that this mandate must be driven by the necessary backing of law administered through an appropriate mechanism to deter and discourage violations of the laid down rules. The regulation ensures compliance while reassuring relevant stakeholders of the protection of their interests and market stability through the adequate deployment of necessary sanctions and fees where applicable.
She further explained that the licensing framework is being updated to accommodate innovations and new business models. The reforms are expected to boost investor confidence and encourage revolutionary ideas in the sector. Whyte added that the revised Internet Code of Practice is a key step toward addressing online harms, fake news, and content that could endanger vulnerable users.
Addressing Digital Challenges
Whyte highlighted that the internet today provides the platform or gateway upon which numerous services have migrated to the virtual space. It currently plays the role of a conduit for information as well as services. The internet has created a global village bringing everything and everyone within close proximity of each other, removing the barriers of distance, hurdles, and jurisdictional complexities.
However, she pointed out that this advancement comes with critical elements that, if not adequately regulated, unduly expose vulnerable people to the dangers of society, such as crime, identity theft, vile material, hate speech, and misinformation. The instrument seeks to ensure that all operators who provide this gateway erect certain structures to minimize exposure to the above-stated ills. This will assist in the maintenance of societal norms, practices, and protection of children and vulnerable people, among many others.
Commitment to Inclusive Regulation
The NCC maintained that the amendments followed a six-month consultation process involving key stakeholders and reaffirmed the Commission’s commitment to inclusive and transparent regulation. The findings showed that the Nigerian Communications (Enforcement Processes, etc.) Regulations 2005 were enacted in 2005 and provide the framework for how the NCC can monitor licence-holders, investigate breaches, and impose sanctions.
The Licensing Regulation 2019 was published in January 2019 and governs the grant, renewal, transfer, and restructuring of communications licences in Nigeria under the NCC’s mandate. The Internet Code of Practice 2019 governs internet access service providers in Nigeria, setting rules on open access, data security, network governance, and child online safety, and is currently under review in 2025.