An Appraisal of the Provisions of the Nigerian Communications (Consumer Code of Practice) Regulations 2024

CONTRIBUTOR: TOBENNA MOGBO

INTRODUCTION

Telecommunications services play a pivotal role in modern society, facilitating connectivity for individuals and businesses, information sharing, and access to crucial resources.^[1] Safeguarding consumer rights in the telecommunications sector is, therefore, of utmost importance given its direct influence on everyday communication, business activities, and access to essential services.^[2] Respect for consumer rights fosters trust by ensuring that service providers offer reliable service quality and, clear pricing system, thereby contributing to fair market practices and guaranteeing consumers receive commensurate value for their expenditure. Robust consumer protection frameworks hold service providers accountable for meeting service-level commitments, efficiently addressing complaints, and providing recourse when services fall short of expectations.^[3] Moreover, in light of the increasing prevalence of data-driven services, consumer privacy and data security have emerged as critical concerns. Telecom providers have access to vast amounts of personal data, necessitating the establishment of regulations to protect consumer information from misuse or unauthorized access thereby ensuring that service providers handle sensitive data responsibly, fostering consumer trust and a more competitive and transparent industry.^[4]

The Nigerian Communications (Consumer Code of Practice) Regulations 2024^[5] represents a significant stride in bolstering consumer protection within Nigeria’s telecommunications sector, establishing a structured framework which delineates the rights and responsibilities of both telecommunications consumers and service providers. With the objective of fostering transparency, accountability, and equity, the regulations delineate the steps required for licensees to develop and implement individual consumer codes. These codes serve as crucial instruments for addressing consumer grievances, ensuring high-quality service, and upholding industry standards. This article will evaluate the salient provisions of the Regulations.

AN OVERVIEW OF THE NIGERIAN COMMUNICATIONS (CONSUMER CODE OF PRACTICE) REGULATIONS, 2024.

The Nigerian Communications (Consumer Code of Practice) Regulations, 2024 outlines the procedures which licensed telecommunications service providers must follow in developing a Consumer Code of Practice, to govern their interaction with consumers.^[6] The Regulations emphasizes that such codes must include terms and conditions that protect consumer rights, aligning them with a General Code set out in the Schedule to the Regulations.^[7] Licensees must submit their individual consumer codes to the Commission for approval and within 30 days of submission, the Commission may approve, request amendments, or extend the time for review and approval of the proposed code, pending which approval, the General Code applies.^[8] Upon approval, the licensee is required to publish the codes on its website, in one national newspaper and a social media platform of choice. Such may also provide consumers with copies of approved codes upon request.^[9]

Furthermore, the regulations emphasize strict compliance, with sanctions and penalties for non-compliance, including actions or warnings, depending on their compliance history.^[10]

CONSUMER PROTECTION PROVISIONS IN THE GENERAL CODE

The General Code emphasizes several salient consumer protection provisions, relating to adequate information access, advertising and representation of services, pricing and billing systems, reciprocal obligations, etc. To begin with, it outlines comprehensive obligations for Licensees to ensure transparency and accessibility of information to consumers.^[11] Licensees must provide clear, accurate, and up-to-date information about their services, including pricing, service descriptions, and contract terms.^[12] Consumers are entitled to timely responses, within 96 hours, for any service inquiries at no cost and Licensees must publish important information about service offerings, quality, waiting times, and any service dependencies on their websites and social media.^[13] Additionally, they must inform consumers of compensation options if service quality is not met, and provide details on bundled services, upgrade options, warranties where applicable, subscription instructions, contract terms, pricing details, and service contracts, in plain language, avoiding unnecessary technical jargon.^[14] Furthermore, licensees are mandated to comply with service provision timelines set by the Commission, with allowances made for unforeseen technical difficulties or force majeure events.^[15] Fault repair facilities should be available round the clock, and planned outages must be communicated in advance. Services tailored to consumers with disabilities, the elderly, and those with special needs must be provided, including options like large print bills, priority repair, and accessible communication devices.^[16] Emergency services access is also regulated, ensuring that Licensees comply with network requirements for routing and providing location information.^[17] Through these detailed obligations, the regulations ensure that consumers are well-informed and protected in their engagement with telecommunications providers in Nigeria.

With respect to advertising and representation of services, the Regulations include stringent rules to ensure transparency, accuracy, and fairness in telecommunications marketing.^[18] Licensees are required to adhere to the standards set by the Advertising Practitioners Council of Nigeria, alongside additional rules established in the General Code.^[19] Advertisements must clearly communicate any geographical or technical limitations affecting service availability and quality, as well as any restrictions on service offers such as location, time periods, or limited resources.^[20] Licensees promoting service packages must include all components of the package and provide a detailed breakdown of costs, ensuring that consumers are fully informed of the minimum charges and any conditions attached to the offer.^[21] Furthermore, licensees must obtain the Commission’s written approval for advertisements at least 30 days before publication to meet the Commission’s minimum standards.^[22] They are required to use clear, legible print and provide adequate details on special promotions, comparative advertising, and bundled services. Misleading or disparaging claims about competing services or products are prohibited, disclaimers in ads must not obscure the main message and those offering internet services must disclose both upload and download speeds, and any special conditions affecting connection quality. Telemarketing practices are tightly controlled, with regulations against unsolicited calls or messages unless certain consumer preferences are respected, such as opt-in/opt-out options.^[23] Sales representatives must identify themselves and clearly state the purpose of the call, while telemarketing interactions are capped at two attempts per day, with a maximum of three rings per attempt. These rules collectively ensure that consumers are well-protected from deceptive advertising and unsolicited communications in the telecommunications sector.

In relation to consumer billing, charging, collection, and credit practices for a licensee the Regulation emphasizes accuracy, transparency, and the timely issuance of bills, requiring that all billing information be verifiable and readily accessible to consumers without charge.^[24] Consumers must receive comprehensive billing details, including itemized charges upon request, and a minimum of two years of billing records should be maintained. The bill should contain specific information such as the billing period, total charges, and payment methods. In addition, licensees must issue bills within 10 days of the billing period unless certain delays, such as consumer-initiated changes or system issues, occur^[25] and they are required to provide itemized billing details for the current and previous periods without charge, and inform consumers of any fees for requests beyond two years. Payment confirmations should be acknowledged on the next bill or through other accessible means. If consumers fail to pay, any resulting actions, such as disconnection, must be proportionate, preceded by adequate warnings, and limited to the affected services when feasible.^[26]

The Regulations further impose reciprocal obligations on consumers including being bound by a licensee’s terms of service upon acceptance, granting of access to relevant facilities, avoidance of misuse of communication service and facilities, etc.^[27] General data protection principles are also adhered to by the code.^[28]

The new regulations offer a robust framework crucial in enhancing consumer protection within the telecommunications sector by enforcing transparency, accountability, and fair business practices. These regulations empower consumers with clear rights, hold service providers to higher standards, and strengthen trust in the evolving telecommunications landscape.

CONCLUSION

The Nigerian Communications (Consumer Code of Practice) Regulations 2024 functions as a comprehensive instrument for protecting consumer interests within the telecommunications industry. These regulations require transparency in service contracts, advocate for the safeguarding of consumer information, and establish procedures for addressing grievances, ultimately aiming to cultivate stronger consumer confidence. The enforcement and compliance provisions empower the Nigerian Communications Commission to hold service providers accountable, contributing to an enhanced telecommunications landscape. As the telecommunications sector continues to develop, these regulations offer a sturdy framework that harmonizes the interests of consumers and service providers. They play a pivotal role in advancing equitable business practices, elevating service standards, and ultimately fostering a more competitive and consumer-oriented telecommunications market in Nigeria.

SNIPPET

The Nigerian Communications (Consumer Code of Practice) Regulations 2024 functions as a comprehensive instrument for protecting consumer interests within the telecommunications industry. These regulations require transparency in service contracts, advocate for the safeguarding of consumer information, and establish procedures for addressing grievances, ultimately aiming to cultivate stronger consumer confidence. The enforcement and compliance provisions empower the Nigerian Communications Commission to hold service providers accountable, contributing to an enhanced telecommunications landscape.

1. Oladele, Oluwaseyi Kolawole. “Impact of Telecommunications on Global Economic Development.” (2024) RESEARCHGATE available at https://www.researchgate.net/profile/Oluwaseyi-Oladele-3/publication/384964715_Impact_of_Telecommunications_on_Global_Economic_Development/links/670f8b155bc25a7b18a7c21c/Impact-of-Telecommunications-on-Global-Economic-Development.pdf accessed October, 2024 ↑
2. Ariyoosu, Dauda, and Suzan Akangbe. “Consumer rights protection and its impact on service quality in the telecommunications sector.” Coventry Law Journal 28, no. 1 (2023): 51-60 available at https://publications.coventry.ac.uk/index.php/clj/article/download/1022/1012 accessed October 2024. ↑
3. Ibid. ↑
4. G., Ilay Yilmaz, and N. P. Taskiran. “Protecting the communication: Data protection and security measures under telecommunications regulations in the digital age.” Computer law & security review 30, no. 2 (2014): 179-189. ↑
5. Made pursuant to the Nigerian Communications Act 2003. ↑
6. Regulation 1 provides for the objectives of the Regulations. ↑
7. See Part 2 of Regulations ↑
8. Regulation 5. ↑
9. Regulations 6. ↑
10. See Part III of the Regulations. ↑
11. See Part II of the Schedule ↑
12. Rule 6 of the Schedule. ↑
13. Ibid. ↑
14. See Rules 7, 8 and 9. ↑
15. Rule 13. ↑
16. Rule 16 ↑
17. Rule 17. ↑
18. See Part III of the Schedule ↑
19. Rule 18. ↑
20. Rule 19 ↑
21. 20. ↑
22. Rule 21 ↑
23. See Rule 28 ↑
24. Part IV of the Schedule ↑
25. See Rule 38. ↑
26. Rule 36. ↑
27. See Part V. ↑
28. See Part VI. ↑