By Adeboye Adegoke, Senior Manager, Paradigm Initiative

The recent decision by the Nigerian government to impose a $220,000,000 fine on META, the parent company of WhatsApp, Instagram, and Facebook, for alleged violations of local laws has sparked a vital conversation about platform governance in Nigeria. While governments globally are moving to regulate digital platforms to address perceived harms and enhance state oversight, this agenda is often muddied by national security concerns, the outsized influence of tech giants, and domestic politics.

In Nigeria, the fine levied against META has put the spotlight on the complex and often opaque relationship between the government and digital platforms. The Federal Competition and Consumer Protection Commission (FCCPC), along with the Nigerian Data Protection Commission (NDPC), said they conducted a 38-month investigation into META’s practices, ultimately finding that the company had violated Nigerian consumer, data protection, and privacy laws. Among the accusations were claims that META had appropriated the data of Nigerian users without their consent, abused its market dominance by imposing exploitative privacy policies, and treated Nigerian users unfairly compared to those in other jurisdictions with similar regulations.

This case is not an isolated incident but part of a broader pattern of increasing governmental scrutiny and regulation of digital platforms in Nigeria. The #EndSARS protests, which saw the Nigerian government temporarily suspending Twitter (Now ‘X’), highlighted the tension between state control and digital freedom. The suspension, later deemed a human rights violation by the ECOWAS court, was a precursor to the introduction of the Code of Practice for Interactive Computer Service Platforms by the National Information Technology Development Agency (NITDA). This code, among other measures, represents the government’s efforts to regulate—and some might say control—digital platforms operating within its borders.

Moreover, Nigeria’s regulatory landscape continues to evolve. The recent enactment of the Data Protection Law, the ongoing development of a child online safety policy by the Nigerian Communications Commission (NCC), and the Nigerian Broadcasting Commission’s (NBC) efforts to regulate online content all point to a government increasingly determined to assert its authority over the digital space. The Advertising Regulatory Council of Nigeria’s (ARCON) attempts to monitor and control online advertising further exemplify this trend.

However, the Nigerian government’s approach to platform governance raises significant concerns about transparency and accountability. The opaque nature of the collaboration between the government and digital platforms, particularly in content takedowns, moderation, and data sharing with law enforcement, is troubling. For instance, when the government lifted the suspension on Twitter, it claimed to have reached an agreement with the platform, yet the details of this agreement remain unknown to the public. Similarly, during the recent #EndBadGovernance protests, there were reports of META allegedly suppressing content related to the demonstrations, raising questions about the platform’s role in shaping public discourse.

These issues underscore the need for a platform governance framework in Nigeria that prioritizes the rights of its citizens. Both the government and digital platforms like META must be held accountable not only to each other but, more importantly, to the Nigerian people. Transparency must be the cornerstone of this relationship. META, for example, should regularly publish transparency reports detailing its collaborations with the Nigerian government, particularly in areas related to content moderation and data sharing.

Key Recommendations

In line with the objectives set in the upcoming Global Digital Compact, Nigeria’s approach to platform governance must adhere to international obligations, including international human rights law. Here are several key recommendations to ensure a balanced and rights-respecting governance framework:

Human Rights Compliance: National legislation relevant to digital platforms must comply with obligations under international human rights law. The Nigerian government must refrain from imposing restrictions on the free flow of information that violate these obligations.

Transparency and Accountability: Digital platforms must respect human rights online and be held accountable for abuses. They should take proactive measures to prevent and mitigate such abuses, providing access to effective remedies in line with the UN Guiding Principles on Business and Human Rights.

Adopt a Multistakeholder Approach: The governance system for digital platforms should be based on a multistakeholder approach, involving governments, digital platforms, civil society, media, academia, and other stakeholders. This collaboration should promote human rights, freedom of expression, and access to information while ensuring the digital space remains open, safe, and secure.

Use International Guidelines as a Model: Nigeria should draw inspiration from international frameworks like UNESCO’s guidelines for digital platform governance. These guidelines emphasise the importance of safeguarding freedom of expression, access to information, and other human rights, while clearly defining the responsibilities of various stakeholders.

Capacity Building for Regulatory Bodies: Nigerian regulatory actions should focus on building the capacity necessary to oversee digital platforms effectively, ensuring that fines and other punitive measures are fair, transparent, and proportionate.

Regular Transparency Reports from Platforms: Digital platforms like META should be required to publish regular transparency reports that detail their interactions with the Nigerian government, especially in areas related to content moderation, data sharing, and enforcement actions.

Articulate a National Platform Governance Strategy: Nigeria should develop a comprehensive platform governance strategy that protects users, fosters innovation, and guarantees fundamental rights and freedoms as enshrined in the Nigerian constitution. The strategy should mitigate the tendency for regulation overload.

Ultimately, Nigeria must ensure that its platform governance strategy is rooted in respect for human rights and guided by transparency, accountability, and inclusivity. A collaborative, transparent, and rights-respecting approach is essential to ensure that Nigeria’s digital space remains a place where all voices can be heard, and the rights of all citizens are protected.

Adeboye Adegoke is Senior Manager, Programs Strategy and Grants at Paradigm Initiative.