In Nigeria, the regulatory landscape surrounding online trust and safety is anchored primarily in the Code of Practice for Interactive Computer Service Platforms & Internet Intermediaries (the “Code”). This framework defines the rules that digital platforms must follow, with specific obligations determined by whether a platform qualifies as a Large Service Platform and the nature of any legal request. For example, obtaining user data requires an authorised government agency to secure a court order. In contrast, a user requesting the takedown of infringing content can do so without such judicial authorisation. Additionally, platforms classified as Large Service Platforms—those with over 1 million registered users—are subject to heightened responsibilities under Nigerian law. In general terms, the Code specifies minimum rules which all digital platforms must comply with, when dealing with prohibited materials, unlawful content and harmful content.
What Defines a Large Service Platform?
The Code’s classification of digital platforms into different tiers based on their user base is comparable to the approach under the EU’s Digital Service Act, which subjects Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) to stricter obligations to manage online trust and safety. In Nigeria, Large Service Platforms are defined as interactive computer service platforms or internet intermediaries whose registered users are more than 1,000,000. It is important to note that, the Code does not make a distinction between active and non-active users suggesting that the legal requirement for the purpose of determining whether a platform has reached the regulatory threshold of 1,000,000 users is the number of sign-ups, regardless of whether those “sign-ups” are active users. Also, the Code does not make a specific distinction between search engines and other social media platforms thereby creating some doubt as to whether the Code is applicable to search engines.
Key Obligations for Large Service Platforms
Large Service Platforms face specific, more stringent duties. These include:
•Local Incorporation: A Large Service Platform must register an entity locally.
•Physical Presence: A local office or contact address is mandatory.
•Government Liaison: Online platforms must designate a liaison officer to coordinate interactions between the platform and Nigerian authorities.
•Transparency in Advertising: Online platforms are required to explain to users why they see particular ads.
•Human Oversight in Content Moderation: While automated systems play a role, human reviewers must also be involved in maintaining trust and safety, ensuring nuanced evaluation of content moderation issues.
These additional regulations underline the government’s commitment to reinforcing online accountability. The next update will explore the obligations that apply to all digital platforms in Nigeria, irrespective of their size.
This publication is not intended to provide legal advice and is not prepared with a specific client in mind. Kindly seek professional advice specific to your situation. You may also reach out to your usual Balogun Harold contact or contact us via support@balogunharold.com for support.
