EXCLUSIVE: NBC, DSS can request user details without court order — inside FG’s planned social media regulation

The documentary framework that will serve as a launch-pad for social media regulation in Nigeria vis-a-vis the amendment of the National Broadcasting Commission (NBC) Act has been formulated, TheCable understands.

TheCable had, on Tuesday, reported that Lai Mohammed, minister of information and culture, was planning to reintroduce the NBC Act amendment bill as an executive bill in the national assembly.

The bill seeks to empower the commission to regulate social media, internet broadcasting, fix tariffs for pay television services, among other functions.

Insiders privy to the development told TheCable that Mohammed’s first step towards the reintroduction of the amendment bill as an executive bill was executed on Tuesday at a meeting in Benin, Edo state.

Since the appointment of Mohammed as information minister, he has continuously called for the regulation of social media.

TheCable understands that the executive bill will be simultaneously presented to both chambers of the national assembly and an accelerated passage will be carried out.

In the light of the development, TheCable has obtained a copy of the document highlighting the proposed amendments to the NBC Act, which focuses on social media regulation in Nigeria.

The 15-page document contains clauses on social media content regulations, additional functions of the NBC, amendment to the NBC Act, among others.

Here are the highlights of the bill:

NBC TO CONTROL AND REGULATE SOCIAL MEDIA PLATFORMS

The proposed amendment seeks to empower the NBC to control and regulate social media, including the contents published on social media platforms.

In the present NBC Act 2004, the commission does not have the power to control and regulate social media platforms and online content providers as its functions centre only on the broadcast media.

The proposed amendment seeks to add some sub-sections to section 2 of the NBC Act 2004. Section 2 of the act highlights the powers of the commission.

The proposed amendment for section 2 of the act reads:

“Section 2 subsection 1 (b) (iii) To read ‘Social media platforms, online content providers and any other online content distribution.

“Section 2 subsection 1 (d) should read ‘Regulating and controlling the broadcasting industry; including social media platforms, online content providers, satellite TV, digital services and any other medium of distribution.”

The implication of this proposed amendment is that Facebook, Twitter, Instagram, TikTok, YouTube, LinkedIn, TheCable, Premium Times, HumAngle, FIJ, irokoTV, ibakaTV and others will be under the regulation of the NBC — a commission controlled by the federal government.

The commission can also direct social media platforms and online content providers to delete contents that do not conform to its regulations.

The amendment seeks to give the NBC power to the backend of social media platforms and online content providers for “easy facilitation of complaint resolution”.

POWER TO LICENSE SOCIAL MEDIA PLATFORMS/ONLINE CONTENT PROVIDERS

In the proposed amendment, the NBC will also have the power to license social media platforms and online content providers.

The validity of the licence in the first instance is for a period of two years, and when the licence expires, the commission will consider an application for renewal based on “compliance to the terms and conditions of the licence” as formulated by the commission.

The proposed amendment reads:

“The third schedule of the NBC Act should be reviewed to include the terms of licence for social media platform/online content provider thus; i. A license shall be valid for a period of 2 years in the first
instance.

“ii. In considering an application for renewal. the Commission shall review the social media platform/online content providers’ compliance to the terms and conditions of the licence.”

If this amendment becomes law, social media platforms and online content providers that do not conform to the terms and conditions of the NBC will not have their licences renewed and they may even be blacklisted by telecommunications companies.

NBC, POLICE AND DSS TO REQUEST FOR USER INFORMATION FROM SOCIAL MEDIA PLATFORMS

The proposed amendment seeks to confer on the NBC and investigative agencies the power to request for personal information of social media users with or without court orders.

It also seeks to compel social media platforms to release such user information as requested by the NBC or investigative agencies within a period of seven days

The bill states that the commission or investigative agency “may in the face of imminent danger” request the personal information of a user of any social media platform.

In this context, the commission does not need a court order to request user information.

No context was provided for the phrase — in the face of imminent danger — hence, it gives room for discretion.

The proposal also states that when the commission or an investigative agency is making a user information request for investigation, it may on the basis of court authorisation make such a request from social media platforms and online content providers.

CONTENT CENSORSHIP FOR SOCIAL MEDIA PLATFORMS

In the proposed amendments to the NBC Act, social media platforms and online content providers operating in Nigeria are expected to regulate contents based on the conditions set by the commission.

The following are content regulation requirements set for social media platforms, but not limited to:

“Language, picture, sign, or expression capable of inciting violence shall be removed. Social media platform/online content provider shall not allow organisations or individuals that proclaim violence or illegal indoctrination to have or sustain a presence on their platforms.

“Platform owners shall prohibit and delete content aimed at facilitating, organising, promoting, or admitting to criminal or harmful activities targeted at people, organisation, business, property, or animals.

“Platform owners must remove content that deceives, misrepresents, or otherwise defrauds or exploits others for money or property.

“Social media platform/online content provider shall ensure that content that encourages the promotion and practices of negative myths shall not be allowed.

“Fake news is prohibited. Content shall be verifiable. No content that sexually exploits or endangers children shall be allowed on any social media platform/online content providers.

“Content that depicts, threatens, or promotes sexual violence; sexual assault or sexual exploitation shall be removed.

“Bullying and harassment on social media is prohibited. Hate Speech on social media is prohibited. Harmful stereotype is prohibited. Contents that glorify violence or celebrate the suffering or humiliation of others shall be removed.

“Display of nudity or sexual activity where necessary must be done with prior warning. Sexually explicit language that may lead to sexual solicitation is prohibited.

“Sex-related acts and glorification, such as adultery, prostitution, rape, bestiality, homosexuality, lesbianism, incest, and LGBTQ are strictly prohibited.

“Content that facilitates, encourages, or coordinates sexual encounter or commercial sexual services between adults shall be removed.”