The Code of Practice, introduced in June 2022 by a collaborative effort between the Nigerian Communications Commission (NCC), the National Broadcasting Commission (NBC), and NITDA, serves as a comprehensive framework to govern online activities in Nigeria. It mandates platforms to promote online safety, manage harmful content, and ensure digital accountability. Key requirements include submitting annual content moderation reports, incorporating locally, maintaining a physical presence, designating a compliance officer, and addressing issues like deepfakes, revenge porn, and child abuse material. The guidelines also allow for user identity disclosure in specific legal scenarios, aiming to balance free expression with public protection. As the immediate past Minister of Communications and Digital Economy, Prof. Isa Pantami, noted during its rollout, the Code was designed to curb the unchecked power of big tech, preventing these companies from "becoming dictators and bigger than the government."
According to NITDA's 2024 Compliance Report, both X and Meta neglected to submit their mandatory content moderation reports for the year, a critical obligation under the Code. Meta, however, showed partial adherence by incorporating in Nigeria, establishing a physical presence, and fulfilling tax obligations. In stark contrast, X demonstrated zero compliance across the board, failing not only to submit the report but also to incorporate locally, provide a physical contact address, or appoint a designated compliance officer. This complete disregard has drawn sharp criticism from regulators, who view it as a blatant undermining of national efforts to regulate the digital space.
NITDA's report expressed deep concerns over the platforms' lack of proactive engagement and accountability. "Of particular concern is Meta’s failure to submit its content moderation report using the template prescribed by NITDA, which undermines comparability and limits the ability to assess compliance uniformly," the agency stated. For X, the issues are even more pronounced: "Most concerning is the complete lack of compliance by X (formerly Twitter), which has failed to adhere to submission of 2024 compliance report, and other requirements of the Code, which include failure to incorporate in Nigeria, have a physical contact address, and designate a local compliance officer." These lapses not only hinder uniform oversight but also pose risks to Nigeria's online ecosystem, where harmful content can proliferate without adequate moderation.
While the report stops short of outlining specific sanctions, NITDA has confirmed to Nairametrics that non-compliance constitutes a violation of the NITDA Act, which carries penalties. The agency is currently evaluating options for appropriate measures, as the Code itself does not explicitly define sanctions. This ongoing deliberation signals a potential escalation, especially given Nigeria's history of regulatory actions against non-compliant tech firms. In the past, the government has suspended services like Twitter (now X) in 2021 over similar disputes, underscoring its willingness to enforce digital sovereignty.
On a more positive note, the report praised other platforms for their adherence. LinkedIn, Google, and TikTok achieved "fair compliance," with Google, Microsoft, and TikTok submitting detailed reports on their moderation activities. Collectively, these three platforms deactivated or shut down over 13.5 million accounts in 2024, removed 58.9 million pieces of content, and handled 420,439 appeals by restoring and re-uploading user content where appropriate. These figures illustrate the scale of content moderation efforts and highlight how compliant platforms are contributing to a safer online environment in Nigeria.
This compliance gap comes amid Nigeria's broader push to assert control over its digital economy, which boasts over 100 million internet users and a burgeoning tech sector. The country's digital policies are evolving to address challenges like misinformation, cyber threats, and economic contributions from tech giants. For X and Meta, the non-compliance could strain relations with the government, potentially leading to fines, operational restrictions, or even service suspensions. As NITDA weighs its next steps, the tech industry watches closely, recognizing that Nigeria's actions could set precedents for other African nations grappling with similar issues.
Ultimately, the 2024 report serves as a wake-up call for global social media platforms operating in emerging markets. By failing to meet these requirements, X and Meta risk not only regulatory backlash but also reputational damage in a key market. NITDA's emphasis on collaboration and accountability suggests that voluntary compliance could still pave the way for resolution, but the clock is ticking as the agency deliberates on sanctions. As Nigeria continues to refine its digital governance framework, platforms must adapt to ensure they align with local laws while fostering innovation and user safety.