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The Five-Point Digital Rights Agenda for Nigeria’s New Government

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By Adeboye Adegoke, Senior Manager, Grants and Programs Strategy at Paradigm Initiative.

As a new government takes over the reins of power in Nigeria, it will be useful to set a digital rights agenda for the new administration. This agenda is an aggregation of ideas, recommendations and output of many engagements and consultations on digital rights in the past years. First, let me define digital rights to lay a basis for the article.

If I was going to define digital rights a few years ago, I’d define it as the contextual application of the rights guaranteed by International, regional and national human rights instruments, in the use of existing, emerging and future digital technologies, including the internet.

In today’s reality, this definition would rather be naive and would be a total misrepresentation of the reality of the majority of the world’s population where access to the internet, affordability of devices, digital gender-divide, cost of data etc are still key and pending issues affecting the realisation of fundamental rights. One of the key lessons from the COVID-19 pandemic was the need for countries to prioritise digital inclusion so no one is left behind in the digital evolution and the attending gains of the digital economy.

In its judgment on the twitter ban in Nigeria, the ECOWAS court held that digital platforms are vehicles and enablers of constitutionally guaranteed rights. Affordable and reliable internet access is essential for individuals to exercise their digital rights effectively. Therefore, digital rights is defined for this purpose as the right and ability of citizens to access digital technologies towards the enjoyment of their fundamental rights and freedom.

With this definition, I have laid the basis for the following agenda;

1. Pursue Universal Access as a State Policy: The outgoing government claimed it achieved a 100% broadband access on the back of Elon Musk’s Star Link’s entry into the Nigerian market. This is at best, a mere political statement that anyone who’s interested in real change should take with a pinch of salt. This techpoint article fairly addressed the matter. In summary, access that’s available and affordable to a limited economic class can not be the basis to claim 100% access.

Also, according to the Broadband Commission, meaningful universal connectivity means that anyone, anywhere, regardless of geographic location, socio-economic status, race, gender, or any other differentiating demographic, has access to affordable services and devices to connect to reliable and safe internet. The previous administration made marginal progress in this regard but its claim of 100% broadband access was bogus.

To achieve the objective of universal access, the new administration must revisit the barriers that have been previously identified. These are affordability, web literacy and a lack of access to devices such as smartphones and computers; There must be a deliberate approach to address these issues. Also, emerging issues such as multiple digital taxation must be halted to avoid killing the goose that’s laying the golden egg and further alienating more people from digital access.

The lingering problem of the right of way which has been a barrier to broadband penetration in Nigeria must be addressed. As a starting point, the new administration must revisit the pending commitment made during the COVID-19 pandemic and work with regional governments (states and local governments) to ensure the barrier is totally removed.

In a nutshell, the state must be deliberate about its pursuit of universal access as a state policy, beyond clutching to a chance occurrence of a major player’s entry into the Nigerian market.The new government can bridge the digital divide by promoting universal access to affordable and reliable internet connectivity. This can involve investing in infrastructure development and implementing policies that promote digital literacy and skills training. Special attention should be given to marginalised and under-served communities to ensure equal access and opportunities.

2. Prioritise Collaboration and Stakeholder Engagement: The previous government threw the phrase ‘stakeholder engagement’ around a lot. Any keen observer of the ecosystem however knew that the engagements were barely respected and it did appear that they were employed to tick the boxes against what should have been a deliberate effort to benefit from the diversity of expertise that exist in and outside of government. For example, it conspicuously omitted civil society or other public interest representation in the board of the data protection institution proposed in its data protection bill.

Also, the feedback it received on the proposed amendment to the NITDA bill fell on deaf ears. It went as far as tampering with the report of the public hearing held by the Senate Committee on ICT and Cybersecurity on the bill, to give a false impression that the bill enjoyed stakeholder buy-in. The incoming administration should engage in meaningful consultations with academia, technology companies, civil society organizations and other stakeholders to develop and implement policies related to digital rights.

Collaborative efforts can help identify and address emerging issues, as well as ensure that the government’s actions align with the needs and aspirations of Nigerian citizens. The approach to digital governance by the previous administration failed to appreciate the significance and importance of a human-centric approach to digital regulation. Digital technologies offer economic, social, and political opportunities. However, without robust approaches to national policies and regulations, technology can have negative impacts and can worsen the very issues they seek to improve.

As clearly articulated in a report on putting people at the Centre of Digital Policy by the Africa-Europe Cooperation and Digital Transformation, “The creation process for policies, regulations, and bills to protect against these risks lead to successful outcomes when all stakeholders – especially citizens and their representatives – are consulted in the policymaking process.” This approach helps policymakers to gain a better sense of long-term issues related to technology, not only those issues that are important to the government at the moment or to the more established stakeholders and their business interests. To put it succinctly, don’t just seek stakeholders input, be conscious about the process, ensure broad participation and allow their input to count.

3. Enact and Review Relevant Legislation: This government is privileged to inherit some bills and laws from previous administrations that it can quickly work on to positively alter the regulatory framework for digital rights protection in Nigeria.

• The Digital Rights and Freedom Bill which the Buhari administration initially rejected in 2019 went through a new cycle of stakeholder engagement between 2019 – 2023. This will be a low hanging fruit for the new government. It can immediately review this draft bill and forward to the National Assembly for the required legislative process towards assent by the President.

• Data Protection Bill. This bill suffered from a lack of inclusion from a civil society perspective and it’d be great to see the new government address this and other pending concerns before enacting the bill into law.

• Cybercrimes Act 2015. Unlike the previous two, this is already a law in Nigeria. It is not as though it was a digital rights-oriented law. From its name, the Cybercrimes Act clearly focuses on addressing cyber criminality. However, this law has a notorious provision in section 24 which has been the most potent tool and basis for the violation of digital rights, especially freedom of expression online since its enactment.

The section due to its vague provision has been used to target dissent, journalists and citizens for legitimate expressions that the powerful feel uncomfortable about. There is a pending ECOWAS court judgment ordering the Nigerian government to amend this provision. Thankfully, the Federal Ministry of Justice is currently leading a process to review the bill in order to amend the law. This government can take ownership of this process to ensure that section 24 of the bill is repealed.

• Regulation of surveillance to ensure responsible and right-respecting use of surveillance technologies is next. For the longest time, successful administration denied its investment in surveillance technologies, sometimes ignoring freedom of information requests on the subject. Nigeria has gone past the days of living in denial to a time when we must ensure that the uses and application of surveillance technologies are responsible. In 2019, the Nigerian Communications Commission (NCC) issued the Lawful Interception of Communication Regulations.

The regulation requires that there must be court warrants for interception to happen but failed to create an effective system of accountability around these processes. The incoming administration should ensure an effective accountability model for surveillance practices in Nigeria through judicial and public accountability. This is to ensure that the right to privacy as guaranteed for every Nigerian by the Constitution is preserved and to ensure that law enforcement agencies respect the rule of law in the discharge of their duties. The current model defers to the Attorney General of the Federation, a partisan member of the cabinet.

The Freedom Online Coalition recently published a useful resource that may prove useful. The Guiding Principles on Government Use of Surveillance Technologies aims to prevent or mitigate the use of Internet controls to suppress human rights and fundamental freedoms and unjustly limit access to information, the pairing of advanced video surveillance with artificial intelligence (AI)-driven tools to persistently identify and monitor people without an appropriate legal basis, and other discriminatory uses targeted at perceived government opponents as a means to enforce social and political control.

• The Code of Practice For Interactive Computer Service Platforms/Internet Intermediaries is another example of regulatory effort without stakeholder buy-in. The challenge with this code is its attempt to regulate digital platforms in an overly simplistic manner. This comes with risk to digital rights of Nigerians. Regulating digital platforms is a tough task and even the most developed nations are still grappling with figuring things out. The European Union recently passed the Digital Services Act (DSA) which includes rules for online intermediary services, highlighting the responsibilities of users, platforms, and public authorities.

The Act places citizens at the centre and it better protects consumers and their fundamental rights online, establishing a powerful transparency and a clear accountability framework for online platforms. Also the Act ensures for citizens, a better protection of fundamental rights, gives them more choices, lower prices and ensures they are less exposed to illegal content. The Act also creates legal certainty, harmonisation of rules for providers of digital services.

The Act doesn’t come into force until February 2024 despite the richness of expertise and stakeholder consultations that went into drafting and enacting it. Meanwhile the Code of Practice was conceived, drafted and adopted in a very limited context, limited consultation and timeframe. Nigeria can draw inspiration from the DSA. I wouldn’t recommend a copy and paste approach but I strongly recommend that the new administration undertake a study of this legislation and explore its applicability to the Nigerian context. Beside the DSA, the office of the United Nations Secretary-General’s Envoy on Technology is leading on a global digital compact to ‘outline shared principles for an open, free and secure digital future for all.’

This will establish agreed principles for digital governance that support human rights, social justice and sustainable development and that can form the basis of a longer-term framework for accountable and inclusive digital governance.This process is rich and benefitting from quality stakeholder inputs, with multiple multilateral organisations, leading nations in the world, academics, civil society and others making meaningful contribution to the process. These examples are a good guide and can help the thinking of the new government in approaching digital governance in Nigeria.

4. Institutional Capacity Building: The government should invest in building the capacity of relevant institutions responsible for enforcing digital rights such as the National Human Rights Commission and the Judiciary. They must be empowered to address digital rights issues. Adequate resources, training programs, and technical expertise should be provided to ensure effective implementation and enforcement of digital rights by the commission.

5. Join the Freedom Online Coalition. The Freedom Online Coalition is a group of countries deeply committed to the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights. The group believes that the human rights that people have offline must also be protected online. It also commits to working together, and with all others who share these views, to support Internet freedom and protect human rights online worldwide. In the past administration, Nigeria was invited to join the coalition by the government of Finland, one of the previous chairs of the coalition, but the Buhari Administration refused. It must be said that many would argue that Nigeria does not possess the value to be a worthy member of such a coalition. However, the perceived value of Nigeria is also directly linked to the kind of standard it holds itself accountable to. My argument for proposing that Nigeria joins this coalition is premised on this point. The coalition is strategic and useful for peer learning and provides access to an unbelievable amount of resources on digital rights protection.

By adopting these measures, the new government in Nigeria can play a crucial role in promoting and protecting digital rights, thereby enabling its citizens to enjoy the benefits of the digital age while upholding fundamental human rights.


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Ugo Onwuaso is an ICT enthusiast. He believes technology should be used for general good. He holds a Master of Public Administration (MPA) degree from the Lagos state University. Dear Reader, Your support matters. But we believe that technology makes life more exciting and helps improve the lives of people around Nigeria and indeed the world. That is why, we have devoted our energy to independent reportage of technology and finance and how they affect lives. Our incisive and analytical view of how technology news affects the daily life help individuals and organizations make up their minds. Quality journalism costs money. Today, we're asking that you support us to do more. Kindly support our effort to deliver technology and finance journalism to everyone in the world. Donate as little as N1,000. Bank transfers can be made to: UBA Plc 1017156876 Communication Week Media Ltd

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TikTok Deletes over 2m Videos in Nigeria for Policy Violations

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TikTok, social media giant, has reaffirmed its commitment to online safety by removing more than two million videos in Nigeria between July and September 2024 for violating its Community Guidelines.

TikTok Deletes over 2m Videos in Nigeria for Policy Violations

According to its Q3 Community Guidelines Enforcement Report, 99.1 percent of these videos were taken down within 24 hours of being posted.

With millions of videos uploaded daily by its over one billion users worldwide, TikTok has continued to improve its content moderation efforts through advanced technology.

The platform’s proactive detection rate has now reached 98.2 percent globally, allowing it to identify and remove harmful content before it reaches viewers.

 

Between July and September 2024, TikTok removed over 147 million videos worldwide, with 118 million taken down through automation.

In Nigeria, 92.1 percent of all removed videos were taken down before any user reported them, reflecting the platform’s proactive moderation strategy.

The report highlights the most common policy violations that led to content removal in Nigeria.

These include sensitive and mature themes, where 99.4 percent of flagged videos were removed before any user report.

Content related to regulated goods and commercial activities, including scams and the illegal sale of items such as firearms or explosives, accounted for 99.1 percent of removals before user reports.

Additionally, content categorized under mental and behavioral health, which could negatively impact users, particularly younger audiences, saw a 99.9 percent removal rate before any user reports.

TikTok maintains that its mission to inspire creativity and bring joy is built on a foundation of user safety and content integrity.

The platform continues to invest in Trust and Safety professionals who work alongside advanced technology to enforce its Community Guidelines, Terms of Service, and Advertising Policies.

By prioritising a positive and secure digital space, TikTok aims to ensure that users can create, connect, and be entertained without exposure to harmful content.

 


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Nigeria’s Brightest Young Minds to Compete in Spelling Bee Finals

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The highly anticipated finals of the Spellingbee in Nigeria (SpIN) will take place on Saturday, February 15, 2025, at the U.S. Consulate’s Residence in Lagos.

This milestone event will see 64 outstanding finalists from Abuja, Lagos, Osun, and Taraba States competing for the championship title, marking a historic moment as Nigeria makes its debut in the prestigious Scripps National Spelling Bee, USA.

The winner of SpIN ’25 National Finals receives an all-expense-paid trip to represent Nigeria at the 100th edition of the Scripps National Spelling Bee in the United States, a centennial celebration of academic excellence that has shaped young minds for generations.

Beyond crowning a champion, the National Finals underscores SpIN’s core mission: cultivating academic excellence, linguistic mastery, and a commitment to fostering educational and leadership opportunities for young learners.

Speaking on the upcoming event, Eugenia Tachie-Menson, Convener of Spelling Bee in Nigeria, an affiliate of the Scripps National Spelling Bee, USA, emphasized the competition’s transformative impact on young learners.

“This competition is more than just spelling—it builds confidence, public speaking skills, and critical thinking, preparing students for global opportunities.

“We are thrilled by the enthusiasm it has received and the doors it will open for Nigeria’s brightest young minds.”

The event, which is set to attract members of the diplomatic corps, C-Suite executives, high net worth parents and educational leaders, is made possible through the support of key partners: Indomie Noodles (Title Sponsor), Checkers Custard (Co-Sponsor), and partnerships with Lucid Education Initiative, the U.S. Consul-General Lagos, the American Business Council of Nigeria, the Rotary Club of VI East, and AT3 Resources – The Muvmnt Agency (PR Partner).

Spellingbee in Nigeria is a prestigious competition affiliated with the globally renowned Scripps National Spelling Bee, USA. It is dedicated to promoting literacy, vocabulary development, and critical thinking among Nigerian students, equipping them with skills to compete on a global stage.


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Canal+ to Carve, Spin out MultiChoice’s LicenceCo in Aggressive Takeover Bid  

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Canal+ S.A., a French media and telecommunications conglomerate based in Paris, will restructure MultiChoice Group and carve out its broadcasting licence and South African DStv subscribers into “Licence Co” as a new separate entity while the remainder contains its video assets as the MultiChoice Group.

Canal+ to Carve, Spin out MultiChoice's LicenceCo in Aggressive Takeover Bid  

This is in its push for aggressive takeover of MultiChoice through successfully and circumvent the country’s regulations preventing a majority-owned share in local media.

According https://teeveetee.blogspot.com, Canal+ is progressing with its aggressive buyout of R32 billion for MultiChoice although various regulatory hurdles are supposed to prevent foreign ownership of a large South African media company like MultiChoice.

Canal+’s plan for a “post-transaction structure” for MultiChoice is to carve out MultiChoice’s broadcasting licence in South Africa, overseen by the Independent Communications Authority of South Africa (Icasa) and MultiChoice South Africa’s DStv subscribers in South Africa into a new company called Licence Co.

Canal+’s Licence Co will be a new entity, while the remainder of MultiChoice’s video entertainment assets will then remain part of the MultiChoice Group.

The MultiChoice broadcast licence carve out is part of Canal+ plan to circumvent and get around South Africa’s broadcast and ownership regulations.

The dilemma Canal+ and MultiChoice have is that they can’t legally get around a foreign entity owning a South African broadcast licence, in this case for traditional pay-TV.

The plan is now for this “problem-part” preventing Canal+’s MultiChoice takeover from going through – MultiChoice South Africa and its South African broadcasting licence and South African set of DStv subscribers – to be siloed as Licence Co.

Licence Co. in South Africa will literally hold the pay-TV licence and manage the DStv subscribers, while MultiChoice Group will legally-technically no longer be a broadcaster but a video content supplier.

Like a family trust, Licence Co, although an “independent” company, will exist with the express aim to benefit the MultiChoice Group.

Also to note: MultiChoice Group, belonging to French owners and as the so-called “video content hub”, will now mean that Canal+ and MultiChoice’s French owners will now be paying to keep the South African public broadcaster’s SABC News, eMedia’s eNCA and Newzroom Africa’s as South African TV news channels on the air on DStv.

This is, in effect, a French private company paying for and in control of South African TV news, as well as news elsewhere in sub-Saharan Africa.

Canal+ and MultiChoice has to secure approvals for the mega-takeover deal from Icasa, the Takeover Regulation Panel, South Africa’s Competition Tribunal, shareholders, the Financial Surveillance Department and adhere to other requirements like black-economic empowerment (BEE) and with Canal+ not have voting rights of more than 20% as mandated by the Electronic Communications Act.

On paper Licence Co will be a new “independent company” but in real effect work in tandem with MultiChoice Group – as it exists currently containing MultiChoice’s operational structure, technology, staff and content assets.

Licence Co will become/remain the entity dealing with South African DStv subscribers.

Canal+ and MultiChoice plan to spin out Licence Co’s ownership as majority-owned by the current Phuthuma Nathi scheme (27%), as well as two black-owned companies – Identity Partners Itai Consortium with Sonja de Bruyn and Afrifund Investments from the former Telkom CEO Sipho Maseko – as well as a Workers’ Trust (ESOP).

With smart accounting and legal wrangling, Canal+ and MultiChoice are crafting it so that the MultiChoice’s Group’s shareholding in the new Licenco Co will be 49% and 20% on the dot in terms of voting rights – right what the regulators require.

“MultiChoice Group will retain its existing 75% direct interest in MultiChoice South Africa, which will exclude Licence Co. Phuthuma Nathi will similarly retain its existing 25% interest in MultiChoice South Africa,” Canal+ and MultiChoice announced in a takeover update statement on Tuesday.

“The transaction will not lead to any disruption for LicenceCo’’s South African viewers, who will continue to access its services as normal. Licence Co will enter into various commercial agreements with MultiChoice Group subsidiaries in relation to the services currently provided to Licence Co by other MultiChoice Group entities,” they stated.

“These relate to, among other things, the provision of content, technology, subscriber management and support and other functions.”

“Canal+ and MultiChoice are confident that the envisaged structure meets the requirements of all applicable laws, including the restrictions on foreign ownership and control of broadcasting licences contained in the Electronic Communications Act.”

Webber Wentzel and DLA Piper are the joint legal advisors to MultiChoice, while Herbert Smith Freehills and Werksmans are the advisors to MultiChoice on competition and broadcasting matters.

Citigroup Global Markets Limited and Morgan Stanley & Co International plc and the joint financial advisors to MultiChoice, while FTI Consulting are the so-called “strategic communications” advisors to MultiChoice.

Bowmans is the South African legal advisors to Canal+, with Bryan Cave Leighton Paisner LLP repping as the international legal advisors to Canal+, and BofA Securities and J.P. Morgan as Canal+’s joint legal advisors.

The Brunswick Group is the “strategic communications” advisors for Canal+.

In the joint statement, Maxime Saada, Canal+ CEO – and notably having his prepared quote placed first at the top – says “This transaction is an opportunity to create a unique global media company, with a strong presence across Africa, with the scale, expertise and creativity to compete and partner with the largest players within the media sector and beyond”.

 


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