Aligning Nigeria’s Digital Governance Framework with Existing Health Laws, the SSB Tax, and Related Regulatory Regimes.

Abstract

Nigeria’s emerging digital governance and artificial intelligence framework presents an important opportunity to strengthen, rather than weaken, existing public health and consumer protection laws. This brief argues that any new digital or existing Digital/Artifical Intelligence (AI) legislation should be designed to align with Nigeria’s current health laws, the Sugar-Sweetened Beverage (SSB) tax law, food and tobacco advertising rules, and broader consumer protection standards. The core concern is that AI-driven marketing is already reshaping how unhealthy foods, sugar sweetened beverages, tobacco, and nicotine products are promoted to children and young people through digital platforms. Without explicit legal safeguards, current regulatory systems remain vulnerable to algorithmic targeting, personalised advertising, influencer marketing, and other forms of digital promotion that can undermine public health objectives. This is especially significant for policies such as the SSB tax, which are intended to reduce consumption but can be weakened when unhealthy products continue to be aggressively marketed online. The brief recommends that the National Assembly adopt a coherence-based approach to legislation. This includes amending digital laws to expressly reference existing health and advertising laws, prohibiting AI-enabled targeting of harmful products to persons under 18, requiring transparency from digital platforms and marketers, and creating formal coordination among NITDA, NAFDAC, the Federal Ministry of Health, ARCON, the Tobacco Control Unit, and relevant tax authorities. Ultimately, the brief advances a simple policy position: Nigeria should not enact digital laws in isolation from health, tax, and consumer protection regimes. A modern regulatory framework must be integrated, enforceable, and protective of children and vulnerable populations if it is to serve the public interest.