Professional Documents
Culture Documents
1.0 INTRODUCTION
Information and communication technology in more ways than one reflect the innate
nature of man to satisfy his thirst for comfort. These technologies are basically aimed
at improving on the art of sharing information through very creative ways without the
propels the social welfare, for better or worse. Information and Communication
development of our societies and economies. Access to the internet and telephones is
In the 1980s, countries began to recognize the increasingly important role of the
and information sharing through the internet, satellite and wireless services especially
in the financial sectors of such countries. The rapid development of information and
1
http://www.carapn.net/21445231-information-and-communication-technology-target-2015-backgrounder.pdf
[Accessed April 3 2011]
1
into the sector, spur innovation, increase choice, enhance availability, and lower
tariffs. 2
infrastructure within many complex societies such as Nigeria came the proliferation
of certain problems often associated with ICT operations. These were issues ranging
Communication Technology causes today’s many social ills like cyber-bullying and
privacy intrusion.
Law plays a huge role in trying to regulate the operations of these new technologies
within the society in order to curb its excesses. Law, being an instrument of the
standards of conduct. Through this, law strives to spell out what conducts are to be
Governments all over the world have recognized the importance of ICT to the
development of their societies. Such governments have also recognized the huge need
to provide some form of regulatory framework to streamline the excesses and flaws
2
http:// rru.worldbank.org/Documents/PublicPolicyJournal/053smith.pdf [Accessed April 3 2011].
2
Notwithstanding the highlighted importance of the regulation of Information and
technology regulation in Nigeria has for a long time received very little attention.”3
networked no longer by asphalt but with the bridges of satellite, wireless links, fibre
optics and the likes with the growing realisation of the socio-economic significance
of ICT as the basic infrastructure, it has become clear that increased attention must be
geared towards developing of a viable ICT industry in Nigeria.4 One very obvious
way to guarantee such growth and development is through the legal and institutional
This project shall therefore principally aim to examine the legal regime for the
regulation of ICT in Nigeria, its successes and challenges. In doing so, it seeks to
exam the meaning of Information and Communication Technology, its evolution and
the evolution of its regulation, its operation especially in Nigeria, the international
legal instruments and the legal and institutional framework put in place in Nigeria.
The work shall point out the inadequacies of the legal and institutional framework, its
3
Adewopo, A, “The Foundation Of Telecommunication Regulations: The Nigerian Experience” (1999) UJLA, Vol. 7,
p.117 at 117
4
Ibid., p. 118
3
1.1 THE MEANING OF TERMS AND RELATED CONCEPTS
1.1.1 TECHNOLOGY
Technology is a “general term for the processes by which human beings fashion tools
environment. The term is derived from the Greek words tekhnē, which refers to an
art or craft, and logia, meaning an area of study; thus, technology means, literally, the
to commerce and industry. Many fields of science have benefited from technology, as
well as commerce and industry over the many centuries of human history. Perhaps
the earliest known use of technology was in the Stone Age when the first knife or
shovel was made from a piece of stone or obsidian. Technology has obviously come a
long way since then. The development of simple tools from wood or shards of rock
problem. The discovery of fire, which provided a way to cook food and create heat
and light, was also a step along the road of technology. These technological
5
Merritt, Raymond H. "Technology," Microsoft Encarta 2009 [DVD], Redmond, WA: Microsoft Corporation, 2008.
4
knowledge increased, history entered into the Bronze Age.6 The introduction of the
Advances continued just as rapidly into the Iron Age where people developed the
ability to work with harder metals than copper and tin. They developed the art of
smelting iron and removing it from ore found in the earth. The Iron Age allowed for
tools that benefit civilization and greater ability to perform tasks, such as
While each Age builds on the developments of the previous ones, new knowledge is
obtained along the way. This new set of knowledge and the knowledge base of the
1.1.2 INFORMATION
6
The Bronze Age shows the evolving ability of man to work with metal and the ability to form stronger tools.
7
http://www.yourdictionary.com/library/technology.txt [Accessed April 4 2011].
8
Ibid
5
4. The act of informing or the condition of being informed; communication
passengers.
contained in the human brain and in all electronic and written records.
1.1.3 COMMUNICATION
Communication is the sharing of ideas and information. While many people think of
knowing look or a gentle touch can also communicate a message loud and clear, as
gestures, or writing
9
Information science is the scientific study of information: how it is created, transmitted, encoded, transformed,
retrieved, measured, used, and valued.
10
http://www.yourdictionary.com/library/information.txt [Accessed April 4 2011].
6
6. A system as of routes for moving troops and material
This definition suggests that there can be several different types of communication,
NON-VERBAL COMMUNICATION
without the use of words. There are many examples of non-verbal communication
While you may not stop to think about it, a red light or a stop sign is a clear form of
non-verbal communication. No one is physically telling you to stop, but you see that
Likewise, body language and facial expressions are also examples of non-verbal
communication. Over the years, numerous research studies have been done to suggest
that babies respond to smiling faces the world over, and that when a person sees
11
Lievrouw, Leah A. "Communication," Microsoft Encarta 2009 [DVD], Redmond, WA: Microsoft Corporation, 2008.
7
Thus, while understanding non-verbal communication may require some knowledge
of the cultural and social meanings behind the symbols and signs used, some types of
VERBAL COMMUNICATION
The system of verbal communication has become quite complex, with unique
of a series of sounds. In other words, sounds and words alone aren't sufficient to
communicate: the person transmitting the message and the person receiving the
message generally must have a cultural background or shared knowledge that allows
However, even some oral or verbal communication can be intuitive. For example,
animals use verbal communication all the time to transmit messages to each other.
Birds sing, some bugs chirp when mating, hounds bark to alert the pack on a hunt,
and even whales sing, although scientists aren't 100 percent certain what those songs
mean.
The fact that language was one of man's earliest developments, and the fact that there
are similarities among languages and that animals also engage in oral
Over time, the methods and means used to communicate have expanded greatly. In
early records, hieroglyphics and primitive cave paintings were used to communicate
information and transmit messages. Oral stories and traditions were also passed down
through generations and eventually many of these stories also came to be written
The use of carrier pigeons, followed by Morse code and telegraph technology
Today, communication has expanded and is easier than ever before. Television
worldwide, and viewers can watch events such as political elections unfold in real
time.
television and radio provided one-way communication, the Internet allows for the
two-way exchange of information and lets people throughout the world send data
instantly and share ideas immediately. Video chat, instant messages and even voice-
over-IP telephone systems make it possible to connect with and communicate with
9
1.1.4 TELECOMMUNICATION
instances where devices and systems are used to “transmit electronic or optical
messages via coded drumbeats, lung-blown horns, or sent by loud whistles, for
also includes the use of electrical devices such as telegraphs, telephones, and
teletypes, the use of radio and microwave communications, as well as fibre optics and
their associated electronics, plus the use of the orbiting satellites and the Internet.
and video, into electronic or optical signals. Electronic signals typically travel along a
medium such as copper wire or are carried over the air as radio waves. Optical
signals typically travel along a medium such as strands of glass fibres. When a signal
12
http://www.en.wiki pedia.org/wiki/telecommunications [Accessed April 4 2011].
10
reaches its destination, the device on the receiving end converts the signal back into
These telecommunication devices operate on several systems. Theses systems are all
independent of the other but all aim at transmitting data and information across long
position and navigation systems (GPRS), personal computers, voice over internet
provide the initial link between most telephones and the telephone network and are a
offer increased mobility and flexibility. In the future some experts believe that
13
Frieden, Robert. "Telecommunications," Microsoft Encarta 2009 [DVD], Redmond, WA: Microsoft Corporation,
2008
14
Ibid
11
1.1.5 INFORMATION AND COMMUNICATION
TECHNOLOGY (ICT)
technology, usually called ICT, is often used as an extended synonym for information
technology (IT) but is usually a more general term that stresses the role of unified
consists of all technical means used to handle information and aid communication,
media, all types of audio and video processing and transmission and network based
control and monitoring functions.15 The expression was first used in 1997 in a report
The term ICT is now also used to refer to the merging (convergence) of audio-visual
and telephone networks with computer networks through a single cabling or link
system. There are large economic incentives (huge cost savings due to elimination of
telephone network with the computer network system using a single unified system
15
http://www.wikipedia.org/wiki/information-and-communication-technologies [Accessed April 4 2011].
16
http://web.archive.org/web/20070104225121/http://rubble.ultralab.anglia.ac.uk/stevenson/ICT.pdf [Accessed
April 2 2011].
12
of cabling, signal distribution and management. This in turn has spurred the growth
of organizations with the term ICT in their names to indicate their specialization in
seem limitless. It can provide governments, businesses, and citizens with access to
relevant information and allow them to communicate to make informed decisions and
enable more efficient processes and services to address various economic, social,
Technology has contributed to the creation of the most rapidly growing industries,
and competitiveness based on the uptake and utilization of ICT in business and
society.17
Intellectual property, very broadly, means the legal rights which result from
intellectual activity in the industrial, scientific, literary and artistic fields.18 “These
legal rights are known as intellectual property rights. Intellectual property is a general
17
Asian Development Bank, “Information and communication technology for development: ADB experiences”,
Mandaluyong City, Philippines: Asian Development Bank, 2010, pp1
18
Intellectual Property Organization (WIPO), Intellectual Property Handbooks: Policy, Law and Use, (Geneva: Wipo
Publication), 2nd ed., 1993, p.3
13
term that covers all the separate rights like copyright, patent, industrial designs,
trademarks and trade secrets which a holder enjoys as a consequence of the exercise
Intellectual property law has as its primary object the protection of a certain class of
property – intellectual property. This is suggestive of the fact that there are several
classes of property.
PROPERTY
general, the most important feature of property is that the proprietor or owner may
use his property as he wishes and that nobody else can lawfully use his property
without his authorization.20 The key entitlement one may have in relation to property
is the right to possess it exclusively – the corollary of which is the right to exclude
others from accessing it21. This right of exclusivity is a hallmark of property. Thus,
property has been defined22 as “the right to possess, use and enjoy a determinate thing
(either a tract of land or a chattel)”. Property can be divided into different classes
based on its characteristics. The most important is that of real property and personal
property.23
19
Nasir, J.M, “Trade Secrets and/or Confidential Information as It Relates To Intellectual Property Law”(2003) CJLJ,
Vol. 6 No. 6, p.27 at p.28
20
Nasir, J. M, “Common Licensing Agreement Terms In Intellectual Property” (1999) JPPL, Vol. 3, No. 3, p.139 at
p.140
21
Andrew, F. C, “Intellectual Property and Intangible Assets: Legal Perspective”(2005) IPRIAOP, No. 1/05, p. 1 at p. 9
22
Black’s Law Dictionary, (U.S.A. West Publishing Company, 8th ed. 2004) p. 1252
23
Barnes, A. J, Laws For Business, (New York: McGraw Hill), 2000, p.567
14
Real property, according to English legal tradition, is the land and anything firmly
attached to it, such as buildings and the permanent fixtures of those buildings, and the
minerals beneath the surface of the land. 24 On the other hand, Personal property is
anything that can be owned other than real property. Real property can be turned into
personal property if it is detached from the earth. Similarly, personal property can be
attached to the earth and become real property. “Perennial vegetation, such as trees,
shrubs and grass, which does not have to be seeded every year, is usually treated as
part of the real property. When trees and shrubs are severed from the land, they
property that can be seen, weighed, measured, felt, or touched, or is in any other way
perceptible to the senses, such as furniture, cooking utensils, and books In other
words, property that has physical form and characteristics is referred to as tangible
personal property.
Intangible property is that property that has no physical presence. These intangible
personal properties are usually also known as ‘chose in action’. A chose in action is
24
"Property," Microsoft Encarta 2009 [DVD]. Redmond, WA: Microsoft Corporation, 2008.
25
Barnes, A. op cit., p. 568
15
determine the rights and interests of the parties themselves in the subject-matter of
the action.26
law. This is because, unlike the laws of real property, the laws of intellectual property
create rights between individuals that are vested in abstract objects – being objects
Property is as ‘all those things which emanate from the exercise of the human brain,
This classification is consistent with the notion that the subject matters constituting
Intellectual Property are primarily derived from human intellectual activity – hence
the word ‘intellectual’ in the title. The particular human intellectual activities that
the world, creating new industries, displacing and altering older ones, and
recalibrating business and commercial activity in many ways. This has led to
investments, developing new technology and advancing other creative activities. The
26
Black’s Law Dictionary, Op cit., p. 1254
27
Andrew, F. C., Op cit., p. 4
28
Phillips, J., and Firth, A., Introduction to Intellectual Property Law, (London: Butterworths), 3rd ed, 1995, p.3.
16
1.2 HISTORICAL EVOLUTION OF INFORMATION AND
COMMUNICATION TECHNOLOGY29
The birth of computers and information technology goes back many centuries. The
Blaise Pascal, in 17th century France, was credited with building the first calculating
considered the father of computing, designed the first "analytical engine." This
machine had a mechanical computing "mill" and, like the Jacquard loom of the early
19th century, used punch cards to store the numbers and processing requirements.
Ada Lovelace worked on the design with him and developed the idea of a sequence
1871.30
Almost a century later, the ideas re-emerged with the development of electro-
help classify information for the United States Census Bureau. At the same time, the
invention of the telegraph and telephone laid the groundwork for telecommunications
and the development of the vacuum tube. This electronic device could be used to
29
This would attempt to trace the historical evolution of the systems that enable the communication and
information technologies operate.
30
http://ccis.athabascau.ca/html/courses/comp210/CourseSample/chap01/section1.htm [Accessed April 10 2011]
31
Ibid
17
The first electronic digital computer, ENIAC 32 (Electronic Numerical Integrator and
Computer), was developed for the U.S. Army and completed in 1946. Von
the idea of a stored computer program. This was a set of instructions stored in the
memory of the computer, which the computer obeyed to complete the programmed
task.
The major activities that expedited the information age can be attributed to the
following:
Babbage machine. It was based on mechanical gears & discs. This was
D. In 1948, ENIAC, the first computer of modern age was invented by US;
32
The ENIAC's design and construction was financed by the United States Army during World War II. The
construction contract was signed on June 5, 1943, and work on the computer began in secret by the University of
Pennsylvania's Moore School of Electrical Engineering starting the following month under the code name "Project
PX".
18
E. In 1958, transistors were used with the advantage of less power
1000s of transistors.
years and have now become multi tasking, sophisticated algorithm design
based chips.
During this period of evolution, several technologies were developed. These are Data
33
Processing & storage by computers, Communication technology,34 Memory
technology and defence requirements. The internet was started as small project
Optical fibre technology in communication is used today so that information must not
Satellite technology & internet use has been wide spread. The evolution of satellite
communication began with the exploration of space and space travels36. In 500
years, when humankind looks back at the dawn of space travel, Apollo's landing on
the Moon in 1969 may be the only event remembered. As a result, weather
33
These are in the form of silicon based Integrated circuit technology.
34
Communication technology is made possible by Optical fibre communication resulting fibre optic link around the
globe.
35
http://www.opendb.net/element/19287.php (Accessed April 10 2011)
36
http://history.nasa.gov/satcomhistory.html (Accessed April 10 2011)
19
geostationary meteorological satellites - pictures we see every day on television.
All of these are important aspects of the space age, but satellite communications
has probably had more effect than any of the rest on the average person. Satellite
communications is also the only truly commercial space technology. The launch of
communication satellites over the past few decades reflects the growth of
follows;37
37
Ibid
38
first commercial communications satellite
20
1975 INTELSAT-IVA: 1st use of dual-polarization
21