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Legal Battle over CyberCrimes Act Moves to the Supreme Court

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The legal battle over the constitutionality of sections of the Cybercrimes Act 2015 has now moved to the Supreme Court.

 

Three civil society organisations, namely Media Rights Agenda, Paradigm Initiative and Enough Is Enough Nigeria are pleading with apex court to expunge Sections 24 and 38 of the Cybercrimes Act 2015.

 

The organisations filed a notice of appeal with the Supreme Court on July 31, 2018.

 

The organizations commenced this journey in May 2016, when, their lawyer Olumide Babalola first filed an action for judicial review of the aforementioned sections of the Act at the Federal High Court sitting in Abuja.

 

On January 20, 2017, the court, however, ruled that the sections were constitutional.

 

The unfavourable decision at the High Court pushed the organisations to approach the Court of Appeal.

 

The appeal with case number A/L/556/2017 was however decided against the appellants, in a judgement delivered on June 22, 2018.

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The organisations are now putting their hope in the Supreme Court to ensure Sections 24 and 38 of the Cybercrimes Act 2015 are stricken off the Nigerian law book.

 

According to Tope Ogundipe, Paradigm Initiative’s Director of Programs, “It bears repeating here that Section 24 of the Cybercrimes Act is about Cyberstalking and that section has been repeatedly used to harass and persecute journalists and critics.

 

“It’s arguably the most dangerous provision against freedom of speech, opinion and inquiry.

 

“Sections 38 provides for the duties of a service provider vis-a-vis data retention and contains provisions that we believe are too vague and borderline unconstitutional.”

 

Ogundipe continued, “While we respect the learned Justices who did not agree with our submissions on the unconstitutionality of the sections, we, however, believe the courts have failed to carefully consider our arguments.

 

“In a concurring judgement, one of the justices of the appellate court agreed that the law should be reviewed to whittle-down its arbitrariness.

 

“We believe the sections should be removed in their entirety and we hope the Supreme Court would agree with us.”

 

The respondents in the case are the Attorney General of the Federation, the Inspector General of the Police and the National Assembly.


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Ugo Onwuaso is an ICT enthusiast. He believes technology should be used for general good. He holds a Master of Public Administration (MPA) degree from the Lagos state University. Dear Reader, Your support matters. But we believe that technology makes life more exciting and helps improve the lives of people around Nigeria and indeed the world. That is why, we have devoted our energy to independent reportage of technology and finance and how they affect lives. Our incisive and analytical view of how technology news affects the daily life help individuals and organizations make up their minds. Quality journalism costs money. Today, we're asking that you support us to do more. Kindly support our effort to deliver technology and finance journalism to everyone in the world. Donate as little as N1,000. Bank transfers can be made to: UBA Plc 1017156876 Communication Week Media Ltd

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EU Hits Meta with $840M Fine for Abusive Facebook Ad Practices

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European Union has fined Meta nearly €800 million for violating antitrust laws by automatically granting Facebook users access to its classified ads service, Facebook Marketplace.

The European Commission accused Meta of abusing its dominant position by imposing unfair trading conditions on rival classified ad providers who advertise on its platforms.

“This is illegal under EU antitrust rules. Meta must now stop this behaviour,” said Margrethe Vestager, the EU’s competition commissioner, in a statement.

Meta announced plans to appeal the decision, arguing it misrepresents the competitive environment in Europe. “Facebook users can choose whether or not to engage with Marketplace, and many don’t.

“The reality is that people use Facebook Marketplace because they want to, not because they have to,” Meta said.

This penalty ranks among the 10 largest antitrust fines ever imposed by the EU and follows a series of actions against Big Tech companies.

The Commission emphasized that Facebook Marketplace’s integration with Facebook gives it a significant advantage over competitors, stating that all Facebook users automatically access and are exposed to the service regardless of their preference.

The Commission also accused Meta of imposing unfair conditions on competitors in the classified ads sector. It alleged Meta leveraged ad-related data from other advertisers for the exclusive benefit of Facebook Marketplace, a claim Meta denies.

Meta said it has “built systems and controls” to prevent such practices, calling the Commission’s actions against its free service “disappointing.”

The fine of €797.72 million reflects what the Commission described as the “duration and gravity” of the violations. Meta’s revenue last year was approximately $135 billion.

This decision is part of the EU’s broader regulatory push against Big Tech, backed by new legislation like the Digital Services Act and Digital Markets Act.

Earlier this year, the EU accused Meta of breaching digital rules with a “pay or consent” system requiring users to either pay to avoid data collection or agree to share their data.

In response to regulatory pressure, Meta recently introduced less targeted ads for free users in the EU and lowered subscription rates for ad-free services.


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Karl Toriola Champions MTN’s Digital Transformation @TeXcellence 2024

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MTN Nigeria CEO, Karl Toriola, at the TeXcellence 2024 conference, emphasized the telecommunications sector’s crucial role in advancing Nigeria’s digital economy.

Highlighting the evolution from a traditional telecom company to a full-fledged technology powerhouse, Toriola outlined MTN’s journey and the broader industry’s transformative potential.

Reflecting on MTN’s significant footprint, Toriola highlighted how telecoms have been the backbone of the nation’s digital transformation. “The telecommunication sector has been a critical driver of economic growth in this country, accounting for 14% of the nation’s GDP.

“MTN on its own contributes 7% to Nigeria’s GDP and its evolution into a Techco could propel the nation to unprecedented economic heights”.

From the groundbreaking days of GSM licensing in 2001 to the launch of 5G in 2022, MTN has consistently been at the forefront of technological advancement.

Toriola underscored the shift in revenue dynamics, with data now surpassing voice services as the primary income source despite slimmer margins.

He acknowledged the challenges posed by increased competition and external factors, including economic pressures and currency devaluation.

Yet, he stressed that these hurdles are driving the need for innovation in areas like financial inclusion, IoT, AI, and the development of digital ecosystems.

The MTN CEO shared insights into the company’s ambitious projects, such as constructing the largest data center in West Africa and expanding 5G services to deliver high-speed, low-latency connectivity.

He also emphasized the importance of affordability in expanding digital access, pointing out that 71% of Nigerians face challenges maintaining regular internet connectivity due to cost.

Wrapping up, Toriola called for collaboration among industry stakeholders, international partners, and the government to harness Nigeria’s potential and nurture a culture of curiosity and innovation.

“Our biggest asset is our people—their drive and ingenuity. By fostering this and investing in our digital infrastructure, we can achieve the vision of a trillion-dollar economy,” he concluded.

Karl Toriola’s keynote address at TeXcellence 2024 revealed that with determined leadership and unified efforts, Nigeria’s telecom and tech sectors are poised to lead the continent in digital transformation.


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Telcos 267 Different Tariff Plans Confusing for Subscribers– NCC

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MTN, Airtel, Glo and 9Mobile, four major Nigerian telecommunications companies, have a combined 267 tariff plans, according to Nigerian Communications Commission (NCC).

Telcos 267 Different Tariff Plans Confusing for Subscribers– NCC

The proliferation of tariff plans by mobile networks has been giving subscribers headaches, keeping them in dilemma on which to choose to get value for their money.

According to the NCC, the revelation of various tariff plans came through its research on the complaints of subscribers concerning data depletion.

Explaining the outcome of the research at a 2-Day Upskilling On Trends In Telecom Industry For Media Stakeholders held in Lagos,  Dr. Ikechukwu Adinde, director, Public Affairs, Nigerian Communication Commission, said majority of the telecoms subscribers did not know the actual tariffs charged by their network providers.

Analysing the various tariff plans by the telcos, Adinde said MTN as the largest operator, currently had 159 tariff plans, with 14 for voice and 145 for data. Airtel has 27 for voice and 41 for data services.

Globacom has six for voice and 32 for data, while 9mobile has seven different tariff plans for voice and 97 for data. According to him, the situation has made it difficult for many subscribers to actually select the beat tariff plan for them since there is proliferation of such plans on the networks of their providers, noting that most times, the difference between two tariffs is not discernable by the subscribers.

He said this had been affecting the quality of experience (QoE) advocating by the Agency, and so creating uncertainty for the consumers.

Meanwhile, he said the Commission was going to streamline the various tariff plans to just seven for better understanding of the consumers and to enhance the quality of experience.

“The whole idea is to ensure that consumers have a good experience, because too many tariff plans affect the quality of service – all benefits or allowances, voice, SMS and data must be seated in clear, useful and user friendly formats. “We don’t get this kind of transparency many of us are passionate about.


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