The Minister of Communications, Innovation and Digital Economy, Dr. Bosun Tijani, has directed the Nigerian Communications Commission (NCC), the National Information Technology Development Agency (NITDA) and the Nigeria Data Protection Commission (NDPC) to suspend the enforcement of their regulations relating to internet platforms, online intermediaries or other cross-cutting digital technology matters, pending the conclusion of his ministry’s ongoing policy harmonisation exercise.
The minister gave the directive on Tuesday after a high-level meeting with the leadership of the affected regulatory agencies in his office during which the stakeholders appreciated that the nation’s rapidly evolving digital economy had created areas where the statutory responsibilities of sector regulators now overlap.
Tijani pointed out that while each regulatory commission had its mandate stipulated in its enabling Act, the convergence of telecommunications, digital platforms, artificial intelligence, online safety and data governance had necessitated a coordinated whole-of-government approach to policy development and implementation.
According to him, in the face of the emerging developments, regulatory coordination has become essential to preserving legal certainty and to promoting investment, innovation, consumer confidence and the country’s long-term competitiveness as Africa’s leading digital economy.
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Based on the deliberations and consensual stance of the regulatory commissions’ CEOs, the minister issued the policy directives, which stated: “The existing regulatory status quo shall be maintained with respect to matters relating to internet platforms, online intermediaries and other cross-cutting digital economy issues currently undergoing inter-agency policy harmonisation under the Ministry’s coordination.
“Relevant agencies are to defer the implementation or enforcement of any recently issued regulation, code, guideline, framework, directive or administrative requirement relating to internet platforms, online intermediaries or other cross-cutting digital economy matters, to the extent that such provisions concern areas currently undergoing policy harmonisation under the Ministry’s coordination.
“The above direction is without prejudice to the statutory responsibilities of the respective institutions. Accordingly, all other provisions of existing regulations, guidelines, codes and directives that fall squarely within the express mandates of the relevant agencies under extant laws shall remain fully operational and enforceable, provided they are consistent with the policy direction issued by the Honourable Minister.
“The Ministry shall establish a Joint Technical Coordination Committee comprising representatives of the Nigerian Communications Commission, the National Information Technology Development Agency and the Nigeria Data Protection Commission, under the leadership of the Office of the Honourable Minister.”
Tijani disclosed that the Joint Technical Coordination Committee would coordinate technical engagements, undertake broad consultations with industry, civil society, academia and other stakeholders, and develop recommendations for a harmonised national policy and governance framework.
He clarified that the objective of the harmonisation exercise was not to diminish the statutory mandates of any of the commissions but to ensure that the government speaks with one coherent voice on cross-cutting digital economy issues through a coordinated, predictable and future-ready regulatory framework.
The minister promised that the ministry would collaborate with the regulatory agencies and stakeholders to develop coherent policies in order to protect citizens, foster innovation, strengthen digital trust and further consolidate Nigeria’s position as a frontline leader in the global digital economy landscape.
Curiously, the minister’s directive is coming less than 24 hours after the Federal Competition and Consumer Protection Commission (FCCPC) announced that it had secured President Bola Tinubu’s order to investigate major global technology companies and generative artificial intelligence (AI) platforms operating in Nigeria over allegations of anti-competitive practices and the exploitation of news content belonging to Nigerian media organisations.
The directive was reported to have been conveyed to the FCCPC in a letter signed by the Minister of Information and National Orientation, Mohammed Idris.
According to the FCCPC, its investigation will focus on major technology companies, including Meta, Alphabet (Google’s parent company), X (formerly Twitter), as well as generative AI platforms operating in Nigeria.
