REGULATION OF ONLINE CONTENT: SAFEGUARDING CHILDREN AND YOUNGADULTS IN THE DIGITAL AGE.

Abstract

Over the past century, there has been remarkable advancements in technology- including the invention of the internet and smart devices- which have transformed nearly every sector of the economy. This has brought to fulfilment the characterization of the present century as the ‘digital age’ as noted by the learned judges in Kireeva v Bedzhamov[1].

These novel innovations are accessible by a wide range of people regardless of their social or economic class or age group. The younger generation in particular has developed familiarity and   a deeper understanding of how the internet and smart devices work more than their predecessors. With this being the case, the issue of regulating contents accessible online by children and young adults becomes pertinent for the purpose of protecting their rights and ensuring their safety in the use of the internet and digital resources.

This article, with its scope limited to the Nigerian jurisprudence, seeks to explore the basic ideas of online content regulations with special regards to children and young adults, platforms where children and young adults are prone to exposure to harmful content, the existing frameworks and efforts put into regulate digital contents, children’s rights, benefits and challenges associated with such regulatory measures.

Introduction

A defining trait of the modern century is the axiomatic shift from religious and philosophical inquiry to science and technological progress. Amongst the most remarkable outcomes is the development of the internet in the 1960s. Since its invention, the use and application of the internet has evolved far beyond what was originally conceived. Today the internet serves diverse purposes, ranging from communication and commerce to education and entertainment.

As the potential uses of the internet increases, so does the community of users, with the younger generation- particularly children and young adults between the ages of 11 and 22 – leading this digital revolution, with daily usage of the internet.   

In developed countries like Britain and the U.S., the percentage of children who own devices with internet access is statistically higher than in developing counties like Nigeria. Studies show that older teenagers, between the ages of 12 and 18+, own personal devices with internet connectivity, while younger children, particularly those aged 8 to 11, often access the internet using devices that belong to their guardians or older siblings. These figures, however vary across geographical and socioeconomic lines. Ownership of internet-enabled devices is significantly lower in rural communities compared to urban centers. Reports from a survey conducted by the Nigerian Communications Commission (NCC), about 93 per cent of children aged 11-16 in urban areas own personal mobile devices, while approximately 43 per cent of children under 10 have access to such devices. The study further reported that 85 per cent of children in urban areas use services with internet access, whereas the percentage dropped to around 20 per cent in rural areas.[2]

Unsurprisingly, a vast majority of the devices owned by these children and their activities are not monitored[3], thereby exposing them to large amounts of digital contents ranging from videos, soundtracks, written materials or game graphics. Much of these contents may not be appropriate for their consumption for numerous reasons including potential psychological, emotional and moral implications.  

At this point, the need to protect the innocence of children –both mentally and morally- while using internet resources becomes essential. This can be achieved through thoughtfully enabling safe searches, activating parental controls on streaming platforms and television, and promoting digital literacy among parents and guardians.

Regulation Of Online Contents

Regulation of online or internet content refers to any type of legislation by governments or regulatory authorities directed at- censoring information and communication on the internet based on its subject matter and controlling, or attempting to control, access to internet sites based on subject matter.[4] For the purpose of this article, this definition is limited to the censoring of information and communication on the internet as it pertains to children and young adults.

Most children and young adults use the internet on a daily basis for entertainment purposes rather than for learning, news, or work-related activities. In fact, Nigeria ranks among the most active social media user populations in the world. Predominantly used platforms include Facebook (55.4%) and WhatsApp (45.0%), while TikTok and YouTube are also significantly used.

Around the world, there are varying degrees of online content regulatory laws, with China being the strictest and the United States having the weakest frameworks, while other countries fall between both extremes.[5] Despite Nigeria’s high internet usage, there are very few laws and even fewer enforcement mechanisms addressing the regulation of online content or internet use and access. Nigeria, therefore, has a weak legislative framework in this area and tends to lean towards the American end of the scale. Consequently, due to this lacuna, the circulation of harmful online content continues to rise.

To better understand the extent of exposure among young people, a short survey conducted, with participation primarily from students and young adults, revealed that most respondents had encountered harmful content online — including pornographic or sexually suggestive material, violent imagery, and depictions of drug use[6] — often while using entertainment-based platforms such as gaming websites, streaming services, or social media. Many participants noted that such content appeared unsolicited, either through pop-up ads, automatic video recommendations, or redirections from seemingly harmless sites.

This widespread exposure highlights a major gap in the regulation of online contents accessible by minors. Many of the websites hosting such content rely only on age-verification prompts such as “If you are 18 and above, enter; if not, leave.” These disclaimers are purely formalities —  and do not serve a proper caveats as they are easily bypassed with a single click — and lack any effective verification mechanism. The result is that children and young adults, out of curiosity or peer influence, often access materials clearly unsuitable for their age.

This shows the everyday experiences of young Nigerian internet users and reflects the inadequacy of existing safeguards or monitoring systems. In contrast, some jurisdictions have introduced age-appropriate design and parental control laws that compel online platforms to implement strict verification procedures. Nigeria, however, continues to rely on user discretion and parental supervision — approaches that have proven insufficient in practice. The absence of concrete regulation and enforcement mechanisms makes the urgent need for an effective and comprehensive online content policy all the more pressing.

Legal And Regulatory Framework

The Constitution of the Federal Republic of Nigeria 1999 (as altered), serves both as the grundnorm and enabling law for regulation of online content in Nigeria. By virtue of Item 66 of the Second Schedule, part I[7], the executive arm of government is vested with powers to make laws concerning wireless, broadcasting and television other than broadcasting and television provided by the Government of a state; allocation of wave-lengths for wireless, broadcasting and television transmission. The internet, being a modern communication and broadcasting channel that operates through wireless networks, therefore falls within the purview of this constitutional provision.

Before 2015, Nigeria had no specialized legislation dedicated to offences in cyberspace; cyber-related wrongdoing (such as fraud, hacking, identity theft, or dissemination of illicit material) was prosecuted under general criminal statutes (Criminal Code, Penal Code) which were poorly suited to digital and cross-border harms. Around 2011, a Cybercrime Working Group under the Office of the National Security Adviser was convened to draft a tailored bill.[8] The National Assembly subsequently passed the bill, and President Goodluck Ebele Jonathan assented to it on 15 May 2015.[9]

1. E. Eboibi describes the 2015 Act as Nigeria’s first comprehensive legal response specifically targeting misconduct in cyberspace.[10] The Act comprises of 59 sections and
2. Schedules. Its explanatory memorandum affirms that its purpose is to provide an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria.

The Act, however, has a myopic scope on regulation of online content, covering only few issues like prohibition of child pornography, unsolicited distribution of sexually explicit materials, dissemination of false information, cyberbullying and dissemination of racist or xenophobic materials -leaving out violent contents or contents relating to drug use. These issues are covered in sections 23, 24 and 26 of the act.[11]

Section 23 addresses child pornography and related offences. Under this section, child pornography is as pornographic material that visually depicts a minor engaged in sexually explicit conduct, a person appearing to be a minor engaged in sexually explicit conduct and realistic images representing a minor engaged in sexually explicit conduct.[12] A minor in this context refers to a person below 18 years.[13] The section also criminalizes the production, distribution or transmission and possession of child pornography on a computer system or computer storage medium.[14] A person who intentionally grooms or solicits through any computer system or network to meet a child for the purpose of engaging in sexual activities, with the child through the use of coercion, inducement, threat or abuse of trust commits an offence and is liable to a term of 10 to 15 years imprisonment or a fine not more than twenty-five million naira.[15]

Section 24 focuses on dissemination of false information likely to cause annoyance, insult, injury, criminal intimidation, enmity or hatred or needless anxiety.[16] Contravention of this provision makes a person liable to pay a fine of seven million naira or imprisonment for a period of not more than 3 years or both.[17] The section further discuses cyberbullying in subsection 2(a)-(c) and goes ahead to prescribe a penalty of 5-10 years imprisonment or a fine not above twenty-five million naira.

Publication, circulation or transmission of racist and xenophobic contents or materials are also prohibited under the act. Section 26 of the cybercrimes act makes provisions for threats or insults made publicly to persons for the reason that they belong to a group distinguished by race, color, descent or national or ethnic origin, as well as religion, if used as a pretext for any of these factors or distribution of material which denies or approves or justifies acts constituting genocide or crimes against humanity.

Despite the cybercrimes acts volume and scope, it has failed to cover in whole the issues of online content regulation especially for the protection of children and young adults, leaving them exposed to unsuitable and harmful contents that might have unlikeable effects on the child’s psychological. Emotional or moral standing.

Efforts have also been made by non-legal regulatory bodies to regulate contents available online for instance the community standards used by social media platforms like Instagram, TikTok and Facebook. Community standards basically refer rules, policies or content preference set in place on social platforms that helps filter out harmful contents on such platforms. These standards are put in place to ensure that person who use these platforms show curtsey, respect and safety of other users. Community standards help to remove contents that are violent, sexually explicit, misleading etc. either through user’s report or automated means from the platform.

Most platforms also use strict age verification for new users signing up or joining these platforms to prevent minors from being exposed to inappropriate contents -Facebook for instance requires users to be up to 13 years before they are able to create a Facebook account.[18] This age verification may have however been bypassed by children, who take it upon themselves to falsify their dates of birth and other necessary information.

As for community standards, platforms like WhatsApp use end-to-end encryption which makes it impossible for a third party -even the platform itself- to review messages, audios, pictures or even external links sent in a chat, even if they are harmful or inappropriate.

In addition to community standards and age restrictions, digital service providers have also introduced parental content regulation features for example Google family link. Some Family Link features include restricting various content such as websites and applications, managing screen times, locating phones via GPS, and downloading apps from the Play Store. All these efforts sum up to create a safe space online where children can learn, have fun and interact safely.

Recent Developments

The most novel development in online content regulation in Nigeria is the Draft Internet Code of Practice drafted by the Nigerian Communications Commission (NCC) in October 2025. Although not yet legally enforceable, it serves as the foundation for future las on content moderation in Nigeria.

The draft comprises of 8 chapters and 3 schedule. Its objectives include to protect the right of internet users to an Open Internet, outline the obligations of Internet Access Service Providers in the handling of offensive and potentially harmful content, and the protection of minors and vulnerable audiences online, Ensure that Online Platforms and Digital Services align their activities to the regulatory environment through cohabitating governance rules that lay out guiding principles in that regard etc.

Chapter 4 of the draft focuses on the issue of child online safety, setting out several protective measures. Some of the contents of chapter 4 includes the incorporation of child online protection policies in terms and condition of Internet Access Service Providers (IASPs), reporting mechanisms for child sex abuse, parental controls and education of parents and minors on content regulation.

Beyond protecting children, the draft also highlights education and awareness. It encourages enlightenment of parents to technological advancement and control mechanisms. In addition to incorporating simple-to-control parental tools in their services, IASPs must also advice parents (at point of sale) methods through which  the parental control measures can be regularly updates, what contents are inappropriate for minors and  other online risks children are exposed to. Likewise, minors are to be sensitized about appropriate internet use and the potential dangers of interacting with harmful content.

The Future of Content Regulation for Children and Young Adults in Nigeria.

The future of online content regulation for children and young adults in Nigeria is one that is fully anticipated. Heraclitus, a Greek philosopher once stated that “change is the only constant thing in life”, indeed this quote can be applied in the Nigerian instance.

The cybercrimes act[19] which serves as the principle act on content regulation for children, has significant gaps that even the 2024 amendment [20] failed to address. The NCC’s Draft Internet Code of Practice 2025, serves as a remedy to this lacuna in the cybercrimes act by providing many and child-friendly rules for content regulation. The legislature should pay attention to the excellent provisions of this draft, borrow intelligence from their counterparts in other countries that have stronger legal frameworks on the topic and mold it into an enforceable enactment.

Beyond legislation, the government should also promote digital literacy and awareness by organizing nationwide enlightenment programs and workshops for parents and guardians on online content regulation for their wards in all states and at all levels.

Parents must take the forefront in protecting their children by actively participating in online content regulation. They can do this by limiting screen time, cutting down Wi-Fi or data subscriptions, and monitoring online activities with tools like Google Family Link. They can also lead the forefront on content regulation by advocating for stronger measures. For example, Elon Musk, the owner of X, stated on his X handle that he was unsubscribing from Netflix as they kept sneaking inappropriate content into kids’ shows[21].

Conclusion

The importance of online content regulation for protecting children’s innocence and ensuring their safety while using the internet cannot be overemphasized. Although Nigeria currently lacks a comprehensive framework or judicial decision, there remains a hope for change in this position in the near future.

Biblography

Cases

• Kireeva v Bedzhamov (2023) Ch 45 at 128.

Legislations

• Constitution of the Federal Republic of Nigeria 1999 (as amended).
• Cybercrimes (Prohibition, Prevention, etc.) Act 2015.
• Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act 2024.

Books and Journal Articles

• Ortese PT, ‘An Appraisal of the Nigerian Cyber Crimes Law from Comparative Perspective’ (2023) 12(1) Benue State University Law Journal https://www.bsum.edu.ng/journals/law/vol12n1/files/4.pdf accessed 7 October 2025.
• F E Eboibi, ‘A Critical Exposition of the Nigerian Cybercrimes (Prohibition, Prevention, etc.) Act, 2015’ (2023) Delta State University Law Review https://delsulawreview.com/wp-content/uploads/2023/07/3.-A-Critical-Exposition-Of-The-Nigerian-Cybercrimes-Prohibition-Prevention-Etc-Act-2015.pdf accessed 10 October 2025.

Online Sources

• Ian Walden, ‘Content Regulation’ (Institute for Computer and Communications Law, Centre for Commercial Law Studies, Queen Mary University of London, UNCTAD) https://unctad.org accessed 7 October 2025.
• Akhilesh Pillalamarri and Cody Stanley, ‘Online Content Regulation: An International Comparison’ (Student Briefs, George Washington University Law School, 8 December 2021) https://studentbriefs.law.gwu.edu/ilpb/2021/12/08/online-content-regulation-an-international-comparison/ accessed 7 October 2025.
• ‘Facebook’ Wikipedia https://en.wikipedia.org/wiki/Facebook accessed 7 October 2025.
• ‘Tech Track Africa, NCC Research: 93% Nigerian Children Exposed to Online Risks’ (Tech Track Africa, 29 September 2021) https://www.techtrackafrica.com/ncc-research-93-nigerian-children-exposed-to-online-risks accessed 6 October 2025.
• Varanasi Lakshmi, ‘Elon Musk says he canceled his Netflix account — and urges his followers to as well’ Business Insider Africa (1 October 2025) https://africa.businessinsider.com/news/elon-musk-says-he-canceled-his-netflix-account-and-urges-his-followers-to-as-well/bgzm6w6 accessed 11 October 2025
• Authors’ Survey, Questionnaire: Regulation of Online Content — Safeguarding Children and Young Adults in the Digital Age (Google Form, 5 October 2025) https://docs.google.com/forms/d/e/1FAIpQLSfeHpAg2ALS3p886GbE1faZE3rzcDS_La6rwNUzU32x8M-saw/viewform?usp=dialog accessed 6 October 2025

[1] (2023) Ch 45 at 128

[2] Tech Trach Africa, NCC Research: 93% Nigerian Children Exposed TO Online Risks (Tech Track Africa, 29 September 2021) https://www.techtrackafrica.com/ncc-research-93-nigerian-children-exposed-to-omline-risks accessed 6 October 2025.

[3] ibid

[4]  Ian Walden, ‘Content Regulation’ (Institute for Computer and Communications Law, Centre for Commercial Law Studies, Queen Mary University of London, UNCTAD) https://unctad.org accessed 7 October 2025.

[5] Akhilesh Pillalamarri and Cody Stanley, ‘Online Content Regulation: An International Comparison’ (Student Briefs, George Washington University Law School, 8 December 2021) https://studentbriefs.law.gwu.edu/ilpb/2021/12/08/online-content-regulation-an-international-comparison/ accessed 7 October 2025.

[6] Authors’ Survey, Questionnaire: Regulation of Online Content — Safeguarding Children and Young Adults in the Digital Age (Google Form, 5 October 2025) https://docs.google.com/forms/d/e/1FAIpQLSfeHpAg2ALS3p886GbE1faZE3rzcDS_La6rwNUzU32x8M-saw/viewform?usp=dialog accessed 6 October 2025

[7] Constitution of the Federal Republic of Nigeria (CFRN), 1999

[8] Ortese, P.T., ‘An Appraisal of the Nigerian Cyber Crimes Law from Comparative Perspective’ (Benue State University Law Journal vol. 12, issue 1, 2023) https://www.bsum.edu.ng/journals/law/vol12n1/files/4.pdf? accessed 7 October 2025

[9] F. E. Eboibi, ‘A Critical Exposition of the Nigerian Cybercrimes (Prohibition, Prevention, etc.) Act, 2015’ https://delsulawreview.com/wp-content/uploads/2023/07/3.-A-Critical-Exposition-Of-The-Nigerian-Cybercrimes-Prohibition-Prevention-Etc-Act-2015.pdf? accessed 10 October, 2025.

[10] ibid

[11] Cybercrimes (Prohibition, Prevention Etc.) Act 2015.

[12] Ibid, s. 23(4) (a)-(c).

[13] Ibid, s. 23(5)

[14] Ibid, s. 23(1) (a),(c)and (e)

[15] Ibid, s 23(3)(c) (i) and (ii).

[16] Ibid, s 24 (1)(b)

[17] Ibid, s 24(1)  

[18] ‘Facebook’ Wikipedia https://en.wikipedia.org/wiki/Facebook accessed 7 October 2025

[19] Cybercrimes (Prohibition, Prevention Etc.) Act 2015

[20] Cybercrimes (Prohibition, Prevention Etc.) (Amendment) Act 2024

[21] Varanasi Lakshmi, ‘Elon Musk says he canceled his Netflix account — and urges his followers to as well’ Business Insider Africa (1 October 2025) https://africa.businessinsider.com/news/elon-musk-says-he-canceled-his-netflix-account-and-urges-his-followers-to-as-well/bgzm6w6 accessed 11 October 2025.