Regulation of Social Media and the Right to Privacy in Nigeria: An Examination of the National Information Technology Development Agency Act and Related Laws

The regulation of social media and the protection of personal data in Nigeria exists within an evolving legal landscape marked by the Nigeria Data Protection Act 2023, the National Information Technology Development Agency Act, and various sector-specific data regulations. As social media penetration grows in Nigeria, questions of data privacy, government surveillance, and the legal framework governing social media platform operations have assumed increasing public law significance. This study examines the legislative framework regulating social media and protecting the right to privacy in Nigeria, with a focus on the legal adequacy of the Nigeria Data Protection Act 2023 and the NITDA framework. A doctrinal methodology is applied, reviewing relevant statutes, the 2019 Nigeria Data Protection Regulation, the 2023 Act, relevant court decisions, and comparative legislation from Kenya and South Africa. The study evaluates the Act's data subject rights provisions, consent requirements, cross-border data transfer rules, and enforcement mechanisms. Available data protection law literature from Nigeria identifies inadequate enforcement capacity at the Nigeria Data Protection Commission, low public awareness of data rights, and inconsistent corporate compliance as the primary regulatory gaps. The Right to Privacy as recognised in Article 17 of the ICCPR and the GDPR principles provide the comparative normative reference. Recommendations address regulatory enforcement capacity building, mandatory data protection training in government agencies, and greater judicial engagement with privacy rights. Keywords: social media regulation, privacy rights, Nigeria Data Protection Act, NITDA, digital rights.