The Senate has passed the first reading of a bill sponsored by Senator Ned Munir Nwoko (Delta North) seeking to mandate social media platforms, data controllers, and data processors operating in Nigeria to establish physical offices within the country. The Bill titled “A Bill for an Act to Alter the Nigeria Data Protection Act, 2023, LFN, to Mandate the Establishment of Physical Offices Within the Territorial Boundaries of the Federal Republic of Nigeria by Social Media Platforms, and for Related Matters,” scaled its first legislative hurdle today, November 21, 2024.
The Bill proposes an addition to Section 5 of the Nigeria Data Protection Act, 2023, inserting a new Article P, which empowers the Data Protection Commission to require social media platforms and other data processors to establish physical offices in Nigeria. It further stipulates that failure to comply would result in the prohibition of such entities from operating in the country. The Bill also seeks to alter Section 65 by introducing new definitions, including “Data Controllers,” “Data Processors,” and “Operators of Social Media Platforms,” among others, to provide clarity and ensure compliance with the law.
According to the explanatory memorandum, the bill addresses critical issues stemming from the absence of local offices for social media platforms. These include the lack of local representation, delays in resolving user complaints, and the challenges regulators face in enforcing Nigerian laws. It also pointed out the economic benefits of the proposed amendment, including job creation, improved content moderation, faster resolution of disputes, and enhanced trust between stakeholders and platform operators.
Senator Ned Nwoko stressed the urgency of “ensuring that social media platforms operating within Nigeria adhere to global best practices while respecting local laws and cultural sensitivities”.
