NCC not Disqualifying Nigerians from Getting SIM_ Director Public Affairs, Adinde makes Clarification

The Nigerian Communication Commission, NCC, has announced a proposal to place a age limit of 18 years on the acquisition of SIM card. 

The modified regulation was disclosed by NCC director, Josephine Amuwahe at Abuja on Tuesday during the public inquiry and hearing on three regulatory instruments: registration of telephone subscribers regulation, the SIM replacement guidelines and the spectrum trading guidelines.

In the regulation, NCC insisted that people at the age of 18 and above are allowed to and register a SIM card in Nigeria.

“’Subscriber’ means a person not below the age of 18 years who subscribes to communications services by purchasing a subscription medium or entering into a subscription contract with a licensee,” the commission said.

To clarify the stance, the commission has released a statement about the proposal which revealed the rationale behind it.

The telecommunication regulator said the proposal is to protect the minors from the liabilities that they might be exposed to from the contract with service providers. 

“The age of 18 years for SIM acquisition proposed in the draft regulation is contingent on the constitutional provision, which makes 18 years the age of consent in Nigeria. Also, SIM acquisition is a contract between service providers and their subscribers, which requires the subscriber to have proper legal status, be of matured mind and rational enough to bear certain responsibilities, obligations and liabilities imposed by a contract,” the commission said in the statement.

It was also revealed in the statement that parents and guardians can acquire SIM cards in their names for the usage of their children. The proposal was also said to be towards strengthening national security.

The modified regulation also reveals that subscribers who meet the age limit is however, allowed to register four SIM cards with a network provider.

The draft policy also clarified that independent registration agent will no longer have access to subscribers’ personal information.

At the public inquiry, network operators, including MTN urged the commission to consider putting the age limit at 14 years. However, the commission insisted on 18 years and above for whosoever wants to register a SIM card in Nigeria.

The full statement:

*NCC not Disqualifying Nigerians from Getting SIM*

The Nigerian Communications Commission (NCC) would like to draw the attention of the public to a publication in a section of the media, purporting that the Commission is developing a regulation to disqualify Nigerians below 18 years of age from getting Subscriber Identity Module (SIM).

For the avoidance of doubt, the Commission wishes to categorically state that the said report is not only misleading and inaccurate; but a misinformation and mischaracterization of the proceedings of the Public Inquiry on the Reviewed/Draft Registration of Telephone Subscribers Regulations, which took place on Tuesday, October 6, 2021.

The Commission considers it necessary to set the record straight for the purpose of serving existing and potential telecom subscribers , investors and other stakeholders in the industry accurate information for making informed decisions.

In accordance with sections 70 and 71 of the Nigerian Communications Act (NCA), 2003 and the Commission’s consultative engagement process, which define its rule-making process, the public inquiry was held for all relevant stakeholders to provide input on the draft regulatory instrument.

The age of 18 years for SIM acquisition proposed in the draft regulation is contingent on the constitutional provision, which makes 18 years the age of consent in Nigeria. Also, SIM acquisition is a contract between service providers and their subscribers, which requires the subscriber to have proper legal status, be of matured mind and rational enough to bear certain responsibilities, obligations and liabilities imposed by a contract.

The proposal is, therefore, to protect minors. Parents and guardians can acquire SIMs in their names on behalf of their children and wards in which case they assume whatever responsibilities or liabilities arise from the usage of such SIMs, a measure expected to also strengthen national security.

While the Commission is progressively pursuing digital inclusion for all, the draft proposal is intended to guarantee increased monitoring of children and shield the minors from undue liabilities in line with NCC’s Child Online Protection drive.

However, the consultative engagement process is still ongoing, as the Commission is reviewing all input from relevant stakeholders in this regard and will consider and deliberate on all comments before issuing a final regulatory instrument

We appeal to our media stakeholders to always fact-check their stories pertaining to telecoms regulatory issues and seek necessary clarifications for informed and accurate reporting as the Commission runs an open-house system.

Signed:

Dr. Ikechukwu Adinde

Director, Public Affairs