NAVIGATING THE DIGITAL FRONTIER: A LEGAL PERSPECTIVE ON NIGERIA'S TECHNOLOGY, MEDIA, AND ENTERTAINMENT LANDSCAPE

Nigeria's digital economy is a landscape of rapid evolution, innovation, and inevitably, complex legal challenges. As technology continues to reshape how we create, communicate, and transact, the legal framework must adapt to keep pace. The recent amendments to the Cybercrimes (Prohibition, Prevention, etc.) Act of 2015, the modernisations brought by the Copyright Act of 2022, and the burgeoning space of Artificial Intelligence and digital assets all demand a thoughtful legal analysis. This article delves into these critical areas, offering a lawyer’s perspective on the implications and future directions of technology, media, and entertainment law in Nigeria.

I. Cybersecurity and Data Privacy: The Cybercrimes (Amendment) Act 2024

The Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act of 2024 has introduced a wave of significant changes aimed at fortifying Nigeria's cybersecurity infrastructure. While the stated goal is to combat evolving cyber threats, the new provisions have sparked considerable debate, particularly concerning the balance between national security and fundamental rights.

The Controversial Cybersecurity Levy: Perhaps the most contentious provision of the new Act was the re-introduction of the cybersecurity levy. The Act mandated a 0.5% levy on electronic transactions by certain businesses, with the proceeds intended for the National Cybersecurity Fund. The policy was met with widespread public criticism over concerns about its timing in the current economic climate and its potential impact on financial inclusion.¹ While the government has since announced the suspension of the levy, the debate surrounding it highlights the delicate political and economic considerations that underpin technology policy. The suspension is a temporary reprieve, but the legal framework for such a levy remains, raising questions about its potential re-introduction in the future.

Expanded Surveillance Powers vs. Individual Privacy: The 2024 Act grants security agencies expanded powers to intercept electronic communications, even without a court order in "urgent" situations. This provision, while intended to enhance law enforcement capabilities in combating cyber terrorism and other serious crimes, raises significant concerns about individual privacy rights. The Nigerian Constitution guarantees the right to privacy, and any law that allows for warrantless surveillance must be narrowly tailored and subject to robust oversight to prevent potential misuse. The judiciary will likely be called upon to interpret the scope of these new powers and determine their constitutionality in light of existing data protection laws, such as the Nigeria Data Protection Act (NDPA) 2023.

Stricter Penalties and the Criminalisation of “False” Posts: The amendments have also introduced stricter penalties for various cybercrimes, including hacking, online fraud, and identity theft.² These heavier punishments are a clear signal of the government's resolve to deter digital criminality. However, a particularly concerning aspect is the criminalisation of "false" or "misleading" posts. While the intent may be to curb the spread of misinformation, this provision is a double-edged sword. Legal scholars and civil rights activists have argued that the subjective nature of what constitutes a "false" or "misleading" post could be used to stifle freedom of speech, suppress journalistic integrity, and silence dissent. The interpretation and application of this provision by law enforcement and the courts will be a critical test for the future of free expression in Nigeria's digital space.

Reporting Obligations for Banks and Tech Firms: Another notable change is the requirement for financial institutions and tech firms to report suspicious transactions and provide user data to law enforcement. This provision aims to improve accountability and aid in the investigation of cybercrimes. However, it also raises significant data protection concerns. While the law mandates compliance with data protection regulations, the practical implementation of these provisions could create tensions between a company's duty to its users and its legal obligations to the state. The legal framework must clearly define the circumstances under which such data can be requested and ensure that appropriate safeguards are in place to prevent overreach and protect user privacy.

II. Intellectual Property (IP) in the Digital Age

The digital revolution has challenged traditional IP concepts, and Nigeria's legal system is actively working to bridge this gap. The Copyright Act of 2022 represents a significant step forward, but its application in the new digital reality requires further thought leadership.

Application of the Copyright Act 2022: The Copyright Act of 2022 modernised Nigeria’s legal framework by explicitly extending protection to digital works, online content, and streaming services.³ A key provision is the "making available" right, which grants copyright owners the exclusive right to make their work available to the public in a way that people can access it from a place and time of their choosing. This is crucial for regulating streaming platforms and online distribution. The Act also empowers copyright holders to issue "take-down" notices to internet service providers for infringing content, a vital tool for combating digital piracy. However, the legal community must continue to provide guidance on the practical implementation of these provisions, especially as new business models and technologies emerge.

Artificial Intelligence (AI) and IP: The rise of AI-generated content presents a profound challenge to established IP principles. Under Nigerian law, authorship and inventorship are traditionally tied to human creativity and effort. The question of who owns the copyright in a work created by an AI—is it the developer of the AI, the user who provided the prompt, or the AI itself?—remains largely unanswered. Similarly, for patents, the concept of an "inventor" has always been a natural person. The current legal framework does not recognise an AI as a legal person or an entity capable of holding IP rights. As such, AI-generated works may fall into a legal grey area, potentially lacking protection. The legal community needs to advocate for a clear regulatory framework that addresses the ownership, licensing, and liability issues associated with AI, ensuring that Nigeria does not lag behind in this crucial area of innovation.⁴

Blockchain, NFTs, and Cryptocurrencies: The legal and regulatory framework for blockchain technology, Non-Fungible Tokens (NFTs), and cryptocurrencies in Nigeria is still in its nascent stages. The Central Bank of Nigeria's (CBN) initial stance was highly restrictive, but recent guidelines have indicated a more open approach. The CBN’s guidelines now permit banks to provide accounts to crypto firms licensed by the Securities and Exchange Commission (SEC), a significant reversal from the previous total ban.⁵ This evolving stance reflects a growing recognition of the potential of these technologies.

However, many legal ambiguities persist. The legal status of cryptocurrencies and NFTs remains unclear—are they currencies, securities, or simply digital assets? This classification has significant implications for regulation, taxation, and legal recourse in case of fraud or theft. The decentralised nature of blockchain technology also poses challenges for jurisdiction and enforcement. Nigeria's legal system must continue to develop a robust and comprehensive framework that fosters innovation while mitigating the risks of money laundering, fraud, and consumer harm.

Conclusion

The nexus of technology, media, and entertainment law in Nigeria is a dynamic and ever-expanding field. The Cybercrimes (Amendment) Act of 2024, while a necessary response to growing digital threats, presents a delicate balancing act between security and individual rights. The modernised Copyright Act of 2022 provides a strong foundation for protecting digital works, but new challenges posed by AI and blockchain demand a proactive and forward-thinking legal approach. As Nigeria continues its journey toward a digital-first economy, lawyers, policymakers, and innovators must collaborate to create a legal environment that is not only secure and fair but also conducive to creativity, technological advancement, and the protection of fundamental human rights. The future of Nigeria’s digital frontier depends on it.

Footnotes

1. Olamide Oyetayo, "Nigeria's Cybersecurity Levy: Legality and Implications," Olamide Oyetayo Legal, May 2024.

2. NALTF, "Nigeria's Cybercrime Reform," National Association of Law Teachers of Nigeria.

3. Lynda Alphaeus, "The Nigerian Copyright Act 2022: An Overview," Journal of Nigerian Institute of Advanced Legal Studies, Vol. 1, No. 1 (2023).

4. O. Oloko, "Artificial Intelligence and Intellectual Property Rights in Nigeria: A Legal Discourse of the Challenges and Prospects," ResearchGate, April 2025.

5. IMF, "Regulating the Crypto Market in Nigeria," IMF eLibrary, July 2025.