Cybercrimes (Prohibition, Prevention, etc) (Amendment) Act, 2024
Amends the Cybercrimes Act No. 17 of 2015: narrows the cyberstalking offence, sets a 0.5% levy on electronic transactions by listed businesses, and tightens data-retention and incident-reporting rules.
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This Act corrects and updates the 2015 Cybercrimes Act. It changes the offence of sending false or offensive messages so it applies to pornographic messages or messages the sender knows to be false and sends to cause a breakdown of law and order or a threat to life; it requires service providers to keep traffic and subscriber data for two years in line with the Nigeria Data Protection Act; and it sets a levy of 0.5% of the value of electronic transactions by businesses named in the Act's Second Schedule, to be administered by the Office of the National Security Adviser.
Who this affects
Service providers, businesses listed in the Second Schedule to the 2015 Act, public and private organisations that handle payment data or must report cyber incidents, and people who send messages online.
What it changes
- 1Section 24(1) of the 2015 Act: the offence now covers messages that are pornographic, or that the sender knows to be false and sends to cause a breakdown of law and order, pose a threat to life, or cause such a message to be sent.
- 2Section 44: a levy of 0.5% of all electronic transactions value by the businesses in the Second Schedule; the Office of the National Security Adviser administers it, the Fund is audited under Auditor-General guidelines, and a business that fails to remit faces a fine of not less than 2% of annual turnover and possible closure or licence withdrawal.
- 3Section 38: service providers keep traffic data and subscriber information for two years in line with the Nigeria Data Protection Act.
- 4Section 21(3): incidents must be reported within 72 hours of detection (previously 7 days of occurrence).
- 5Section 41: adds sectoral CERTs and Security Operations Centres, a National Computer Forensic Laboratory, and routing of public and private organisations' internet traffic to the sectoral SOCs.
4 sections
3.Amendment of section 21
in subsection (3) by substituting for the expression "7 days of its occurance", the expression, "72 hours of its detection".
5.Amendment of section 24
Section 24 (1) of the Principal Act is amended by substituting for paragraphs (a) and (b), new paragraphs "(a)" and "(b)" — "(a) is pornographic; or (b) he knows to be false, for the purpose of causing a breakdown of law and order, posing a threat to life, or causing such message to be sent,".
9.Amendment of section 38
"(1) A service provider shall keep and protect specific traffic data and subscriber information in accordance with the provision of the Nigeria Data Protection Act and as may be prescribed by the relevant authority for the time being, responsible for the regulation of communication services in Nigeria, for a period of two years."
11.Amendment of section 44
"(a) a levy of 0.5% (0.005) equivalent to a half percent of all electronic transactions value by the business specified in the Second Schedule to this Act"
This is a readable rendering for citizens. The authoritative text is the gazetted version — linked below.
Passed· Senate
21 December 2023
Date passed by the Senate, per the certification schedule in the Act's PDF.
Passed· House
14 February 2024
Date passed by the House of Representatives, per the certification schedule.
Certified by the Clerk· National Assembly
27 February 2024
Assented
28 February 2024
Handwritten date beside the President's signature on the certification page.
Official text
The gazetted document
Today in the Assembly
Sittings, motions and divisions, day by day
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