NCC Rejigs Regulatory Instruments, Management Tools to Enhance Operations

Emma Okonji

The Nigerian Communications Commission (NCC), the telecoms industry regulator is adjusting regulatory instruments and management tools to ensure regulations are fit for future imperatives of a robust telecoms sector.

The Executive Commissioner, Stakeholder Management at NCC, Adeleke Adewolu, revealed this when he spoke at a panel session at the 2021 Annual General Conference of the Nigerian Bar Association held in Port Harcourt, with the theme: ‘Taking the Lead’.

Adewolu, who revealed NCC’s plan in a panel discussion focused on Government Regulation of Innovation and Technology, said, “In specific terms, we are taking action in the following areas: We are adjusting regulatory instruments and management tools to ensure regulations are fit for the future. An example is our ongoing review of the Telephone Subscriber Registration Regulations to strengthen the framework for digital identity; and the review of the Spectrum Trading Guidelines to ensure more efficient use of spectrum.”

He further said NCC was laying institutional foundations to enable co-operation with other regulatory institutions and international organisations such as the International Telecommunications Union (ITU).

The commission, according to Adewolu, is also developing and adapting governance frameworks to enable the development of agile and future-proof regulation; and equally adapting regulatory enforcement activities to the ‘new normal’. He said this would ensure alignment with the rapid technological changes and innovations that are emerging at a high speed and with sophistication.

On censorship, particularly tackling illegal and harmful content on over-the-top (OTT) platforms, Adewolu said NCC had to opt for “a middle ground that promotes safe use of digital service platforms without necessarily stifling the exercise of the citizen’s right to free expression as guaranteed in the Nigerian Constitution”.

He explained that on technology platforms, censorship manifests in three scenarios, namely, restriction of person-to-person communications; restriction of Internet access generally; or restriction of access to specific content, which governments find objectionable.

This, he said, was pursuant to constitutional provisions such as those in Section 39(3) of the Nigerian 1999 Constitution, as amended, which approves “any law that is reasonably justifiable in a democratic society to prevent the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films”.

In particular, Adewolu declared that the third scenario is globally recognised as the ideal situation because one of the core responsibilities of government, as enshrined in Chapter two of the Nigerian Constitution, is to safeguard the lives and property of citizens.

Adewolu further said social media platforms would allow instant communications without regard for impact or consequences. He insisted that self-regulation is possible, but “as we have experienced over and over again, an ill-considered post on social media can easily incite unrest and crises”.

He bemoaned the fact that leading social media platforms have demonstrated a rather unfortunate reluctance to moderate the use of their platforms for subversion and harm. “So, we cannot trust them to self-regulate,” he emphasised.