Abstract

This paper examines the laws on Information and Communications Technology in Nigeria, and the institutional regulatory framework for enforcing the relevant laws. It further appraises selected concepts associated with ICT regulation and some contemporary issues as they relate to the challenges of ICT in Nigeria. The paper suggests regulatory benchmarks for the purpose of repositioning the ICT sector and approaches to strengthening the regulation of ICT in Nigeria. The paper concludes with an emphasis on value–added and result–based approach to the Information and Communications Technology regulation process in Nigeria.

Highlights

  • In Nigeria, the question of the importance, relevance and purpose of regulation in the Information and Communications industry has not been properly considered

  • An additional function of National Information Technology Development Agency (NITDA) is to advise the Federal Government generally on issues related to the management and administration of Nigeria's country code top level domain (.ng) and to supervise any organisation incorporated under the laws of Nigeria to manage and administer Nigeria's country code top level domain (.ng)[36]

  • This is in compliance with the electro-magnetic field (EMF) thresholds set by the International Commission on Non-ionising Radiation Protection (ICNIRP) guidelines, the ITU, Institute of Electrical and Electronic Engineers (IEEE), amongst other industry standards-setting bodies.[64]

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Summary

Introduction

In Nigeria, the question of the importance, relevance and purpose of regulation in the Information and Communications industry has not been properly considered. The issuing of licences to operators in the telecommunications industry about 10 years ago and contemporary experiences due to services and regulatory convergence has not changed the situation. The paper presents an overview of the laws that pertain to the ICT sector in Nigeria and the institutional regulatory framework for enforcing those laws. The paper thereafter suggests some regulatory benchmarks to reposition the ICT sector to enhance the sustainable regulation of ICT in Nigeria. The Act seeks to regulate the licensing, location and operation of wireless telegraphy[4] services in Nigeria. Commission (with regard to telecommunications matters) and the National Broadcasting Commission (with regard to broadcasting matters).[6]

The Nigerian Communications Act7
The National Broadcasting Commission Act12
The National Film and Video Censors Board Act15
The Nigerian Communications Commission18
The National Broadcasting Commission22
The National Environmental Standards and Regulation Enforcement Agency37
Conceptual clarification
Economic regulation
Legal regulation
Deregulation and re-regulation
Economic policies and the evolving ICT market
Internet governance
Jurisdictional questions
The forum state system
The target state system
Net neutrality
Convergence
Accessibility
Availability
Affordability
Consumer protection
Computer-generated documentary evidence
Privacy concerns
Broadband deployment
E-commerce and internet banking
Benchmarks for repositioning the ICT sector in Nigeria
The enforcement of regulations in the communications sector
Data protection legislation
Conclusion
Literature
Full Text
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