By Oye Oyewole
In late December 2022, the National Assembly was in the news as usual unfortunately, for unpleasant reasons.
Specifically, the Joint Committee of the National Assembly on ICT and Cyber Security was accused of plotting to secretly pass the controversial NITDA Bill when it convened a public hearing on Friday, December 23, 2022, a day after the Senate and House of Representatives proceeded on end of the year recess.
In June 2022, the National Information Technology Development Agency (NITDA) unveiled what it called “Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries” known as NITDA Code.
The NITDA code was developed in collaboration with the Nigerian Communications Commission (NCC) and National Broadcasting Commission (NBC) while Tech Giants like Twitter, Facebook, WhatsApp, Instagram, Google, Tik Tok made input.
The agency later came up with a proposed Bill, which seeks to Repeal the NITDA Act No. 28, 2007 and to Enact NITDA Act 2021.
However, several sections of the Bill have been criticised and subsequently rejected by stakeholders in the media industry, telecommunications and Information Technology (IT) sector.
Those who are opposed to the passage of the Bill opine that it would favour only NITDA and cause a disruption of the ICT sector across the country.
Media stakeholders comprising the Nigerian Guild of Editors (NGE), Newspapers Proprietors Association of Nigeria (NPAN), Nigeria Union of Journalists (NUJ), International Press Institute (IPI) and the Guild of Corporate Online Publishers (GOCOP) were emphatic in rejecting the controversial NITDA code.
At a strategic meeting in Abuja, media stakeholders insisted that the Bill will stifle media practice in Nigeria, thus, “insist on the primacy of media freedom, and to jealously guard same, and are not unaware of the responsibilities that come with such freedoms.”
Apart from media, members of the Association of Licensed Telecommunications Companies (ALTON) are equally opposed to the oppressing Bill as they insist the passage will erode the gains recorded in the ICT sector over the years.
In the same vein, the Association of Licensed Telecom Operators of Nigeria (ALTON) has unequivocally rejected the bill.
The association believes the bill will increase regulations even as telecom operators already pay 30 different levies and may not be able to pay yet another levy to fund the NITDA Development Fund as proposed in the bill.
Also, the Association of Telecommunications Companies (ATCON) shares the position of ALTON noting that any additional levy will affect the sector negatively.
Meanwhile, stakeholders have pointed out many sections of the proposed Bill that seek to duplicate functions as well as usurp powers of other key government agencies like the Consumer Protection Commission and the Standard Organisation of Nigeria and Nigerian Communications Commission (NCC).
Some of the flaws pointed out in the Bill include:
*Section 5 of the bill titled “Functions of the Agency”, gives NITDA power to regulate consumer protection, roles which the Federal Competition and Consumer Protection Commission and the Standard Organisation of Nigeria already perform.
*Sub-section 23 of Section 5 goes ahead to give NITDA the power to “represent Nigeria at international proceedings and meetings of international organisations relating to information technology and digital economy”, whereas this role should be open to all relevant agencies in the Communication and Digital Economy sector.
*Section 5 Sub Section 9, NITDA seeks to be given the power to regulate NCC and the entire ICT/digital economy sector.
From the views and submissions of stakeholders in the media, telecommunications and ICT, the Bill appears to be self-serving and not in the overall interest of Nigerians and the nation at large.
It is on this note that Nigerians are calling on the Senators and House of Representatives members as true representatives of the people to stay on their side by rejecting the controversial Bill in its entirety.
President Muhammadu Buhari-led federal government is hereby called upon to jettison the NITDA Code and rely on existing regulations such as the Cybercrime Act, Laws of Defamation, Libel and Privacy to protect itself and citizens against any perceived unprofessional conduct on the part of media practitioners and players in the ICT sector.
Stakeholders and civil society organisations are also called upon not to relent but to continue to lobby the federal lawmakers to see reasons why the Bill should not see the light of the day.
Oye Oyewole is a public affairs analyst
