Nigeria: Regulator seeks to mandate AI marketing disclosure, with fines up to 100 million naira

The Federal Competition and Consumer Protection Commission (FCCPC) of Nigeria published a draft regulation on trade promotions on September 30, 2026, which, for the first time in the country, regulates the use of artificial intelligence in marketing, according to the legal website Lawyard and the business media outlet Nairametrics.

Register your bots, label your content

Any company using artificial intelligence or machine learning to solicit Nigerian consumers would be required to register with the FCCPC. Content produced by a machine must be clearly identifiable as such. The text explicitly targets conversational agents, "virtual influencers," and automated messaging systems, and grants consumers the right to opt out of automated solicitations.

Up to 1% of annual turnover

The proposed sanctions are severe: up to 100 million naira for a legal entity, or 1% of the previous year's turnover if that amount is higher; up to 50 million naira for an individual; and up to 10 million for specific breaches, such as refusing to deliver a promised prize or making a false statement. Guilty executives could be banned from holding management positions for five years.

The core of the draft regulation rests on one rule: the company remains responsible for what its system produces. It will not be able to evade liability for misleading, discriminatory, or harmful advertising by blaming the algorithm's operation. The text also prohibits manipulation, disinformation, and the exploitation of consumer behavioral data.

A precedent the continent will be watching

The project is still in the consultation phase and no compliance date has been specified, note Nairametrics and Lawyard. The move is significant nonetheless: by imposing transparency and accountability rather than a ban, the Nigerian regulator is choosing to allow companies to innovate while holding them accountable for their automated processes.

The stakes are continental. Global rules on artificial intelligence are currently being written primarily in Brussels, Washington, or Beijing, and are then applied to the continent's markets without them having been consulted. For an African authority to set its own obligations for its own market, based on the protection of its consumers, is a way to regain the initiative—provided that the final text is enforced.