Why the NCA 2003 is Failing and Needs Urgent Review: Expert Reveals Flaws

22 years after its enactment, the National Communications Act (NCA) of 2003 is facing intense scrutiny, with NCC’s Former Director, Legal & Regulatory Service, Mrs Yetunde Akinloye now revealing fundamental flaws that are allegedly undermining its effectiveness in today’s world.

The critical assessment by Akinloye has laid bare significant shortcomings within the National Communications Act (NCA) of 2003, arguing that the legislation is no longer fit for purpose in today’s rapidly evolving landscape.

Speaking at the opening of a two-day Colloquium on a Legislative Agenda: The Nigerian Communications Act 2003”, held at Sheraton Hotel, Ikeja, Lagos, Akinloye revealed this during her presentation titled “The Nigerian Communications Act 2003: Impact Analyis on the Communications Sector”.

Her analysis highlighted key flaws that are reportedly hindering effective regulations on some undertakings and services not currently provided in the Act, necessitating an urgent review to address these critical issues.

However, she applauded the legislature that established the NCA Act of 2003. She noted that the NCA Act was a really forward-looking act that took care of a lot of things. This Act created the Nigerian Communications Commission (NCC), Universal Service Provision Fund (USPF), as well as the National Frequency Management Council (NFMC), which manages spectrum for the country.

“The Nigerian Communications Act 2003 has created a profound lasting impact, responsible for the exponential growth in the telecom sector. This Act has promoted cross-sectoral impact cutting across e-commerce, transportation, banking and finance, telemedicine, agricultural, e learning, and many more.

“This Act is overdue for a review, and it is increasingly out of sync with the rapid advancements in technology and the evolving digital landscape.

Akinloye emphasized that there is a need for a holistic review of the NCA 2003 because there are lots of overlapping functions that need to be clearly spelt out for a more profound impact. This 22-year-old Act is now hindering innovation, creating regulatory overlaps, and failing to address crucial modern challenges like cybersecurity and child online protection, she pointed out.

Also Read: NCA 2003 Enables NCC to Develop e-Waste Regulation For Nigeria Telecom sector

Drawing attention to the stark contrast between the current digital reality and the “landline logic” of the existing law, Akinloye said “We are regulating smartphones with landline logic,” stressing the Act’s inability to keep pace with the national broadband plan, digital economic policy, and technological revolutions such as artificial intelligence, the Internet of Things (IoT), and data-driven services. These advancements are simply not captured within the current legal framework, she noted.

Akinloye also highlighted significant regulatory overlaps with other agencies, citing the Federal Competition and Consumer Protection Commission (FCCPC) as an example of an entity encroaching on the exclusive reserves of the telecom sector. Furthermore, critical areas like child online protection, a growing concern in the digital age, are conspicuously absent from the NCA 2003.

Several other key deficiencies were brought to the fore, including the Act’s failure to adequately address spectrum fees and the potential of secondary spectrum markets.

Also Read: NFMC to Approve All Radio Frequency Spectrum in Nigeria – FG

In a striking comparison, she pointed out a significant limitation within the Nigerian Communications Commission (NCC) itself: its legal team lacks the power to directly prosecute offenders, unlike their counterparts in agencies like the Nigerian Ports Authority and the Federal Inland Revenue Service. This necessitates the costly and potentially less effective practice of commissioning external lawyers, who may lack the deep understanding of the telecom regulatory environment.

The vulnerability of critical national infrastructure within the telecom sector was also raised as a major concern. Akinloye recounted recent widespread fibre cuts that severely impacted network stability, emphasizing that the current Act does not explicitly criminalize the tampering of telecom infrastructure, unlike legislation in sectors like finance. The absence of clearly defined telecom offences and a specialized tribunal, similar to that of the Securities and Exchange Commission, further underscores the Act’s inadequacy in addressing sector-specific legal matters.

Moreover, the NCA 2003 falls short in promoting local content development within the burgeoning digital space and fails to adequately address the increasing cross-sector convergence between broadcasting, telecommunications, and other related industries.

“Telecoms is no longer about just making phone calls,” Akinloye asserted, highlighting its pivotal role in powering governance, health, financial inclusion, e-learning, telemedicine, and more. “The 2003 Act will not cut it anymore. The new Act must encourage innovations, protect consumers from emerging threats, and ensure the telecom sector continues to be a key driver for Nigeria’s journey towards a fully digital economy.

“The Nigerian telecom sector is in need of a better version of the Nigerian Communication Act, a law that reflects our current reality and future ready, just as it did in 2003,” Akinloye noted.