LIABILITY OF INTERNET SERVICE PROVIDERS FOR THIRD-PARTY ONLINE COPYRIGHT INFRINGEMENT IN NIGERIA

Abstract

The rapid evolution of digital technologies has fundamentally transformed the dissemination of creative works, positioning Internet Service Providers (ISPs) as indispensable intermediaries in the online ecosystem. However, this pivotal role has simultaneously exposed ISPs to significant legal scrutiny regarding their responsibility for copyright infringements committed by third parties through their networks. This paper examines the liability of ISPs for third-party online copyright infringement within the Nigerian legal framework, with particular focus on the transformative provisions of the Copyright Act 2022. The paper employs the doctrinal research methodology, analyzing statutory provisions, regulatory instruments, and case law, while adopting a comparative approach with the United States' Digital Millennium Copyright Act and the European Union's E-Commerce Directive and Digital Single Market Directive. The paper evaluates the legal basis for ISP liability under the Copyrights Act 2022, assesses the extent of their responsibility for user-generated infringements, and identifies critical gaps in the new Act. It further explores the challenges posed by anonymity, cross-border platforms, and enforcement difficulties within Nigeria's digital ecosystem. The paper concludes with targeted recommendations for policy reforms, industry-specific measures, and enhanced dispute resolution mechanisms to strike an optimal balance between protecting copyright owners' rights and fostering a vibrant digital economy. The findings underscore the imperative for robust regulatory guidelines, institutional capacity building, and stakeholder education to ensure the effective implementation of Nigeria's nascent ISP liability regime.