(1) This Act offers possibly the widest safe harbour protection for "online content hosts". The Act also establishes a civil regime in respect of digital communications that breach one or more of the "Communication Principles". The Communication Principles have very low thresholds, and the civil regime is yet to come into full force. The Act establishes criminal offences for causing serious emotional harm by posting a digital communication and for inciting, counselling or procuring another person to commit suicide – even if that other person does not commit or attempt to commit suicide in consequence of that conduct. An online content host may be liable under these provisions if it fails to comply with the safe harbour procedure. (2) This Act offers protection from all civil and criminal liability, (excepting four...
Cap C28, 2004 The Act does not contain provisions specifically dedicated to Internet intermediaries. However, provisions that may be relevant for intermediary liability are listed below. Also, amendments to the law to include intermediary liability provisions are under discussion (see below). (1) Article 6 provides that copyright infringment can be enforced only through judicial injunctions: "infringement of copyright shall be actionable at the suite of the owner, assignee or an exclusive licensee of the copyright, as the case may be, in the Federal High Court exercising jurisdiction in the place where the infringement occurred; and in any action for such infringement, all such relief by way of damages, injunction, accounts or otherwise shall be available in any corresponding proceedings in respect of infringement of...
Repealing a previous Act of 1992, which introduced the Nigerian Communications Commission (NCC). The Act governs the operations of the telecommunications regualtor and provides the NCC with competence on oversighting the operations of Internet Service Providers. If Nigeria will implement intermediary liability legislation, the NCC will contend to the Nigerian Copyright Commission the role of regulatory entity in the field.
Abstract extracted from APC website: https://www.apc.org/en/node/15598 Publication date: October 2012 Author: 'Gbenga Sesan Publisher: APC The rapid growth in internet access and use in Africa, particularly through the mobile internet, makes it imperative for civil society and for internet companies committed to the free flow of information and freedom of expression to better understand how intermediary liability works (or does not work). This paper looks at issues around intermediary liability and the legal and institutional environment in Nigeria, and draws conclusions based on these while making recommendations on how Nigeria can make the best of the on-going legislative processes that will define the liability of intermediaries.
Alex Comninos, The Liability of Internet Intermediaries in Nigeria, Kenya, South Africa and Uganda: An Uncertain Terrain (Association for Progressive Communications, Intermediary Liability In Africa Research Paper No. 3, October 2012)
The Electronic Transaction Bill does specifically focus on internet intermediaries but includes provisions imposing obligations on intermediaries. (1) Section 16 provides that an accredited certification authority is liable for the certificates it issues especially electronically and therefore responsible for any breach of its obligations: "An accredited certification authority shall be liable for any breach of its obligations and shall pay fines as may be specified in the specification administration guidelines. (2) Intermediaries may be liable if they do not comply with data protection obligations included in the bill. The "Data Holder" is responsible for any damages caused as a result of contravention of any of the requirements in the Act: "An individual who suffers damage by reason of any contravention by a data...