Nigeria’s FCCPC proposes rules for AI marketing

The FCCPC’s draft covers promotions, marketing communications and consumer engagement aimed at or accessible to Nigerian consumers.[1] It proposes requirements for businesses using AI, machine learning and automated technologies in those activities.[1] The framework specifically addresses AI chatbots, virtual influencers and automated messaging systems.[1] That scope makes the draft relevant not only to teams producing AI-generated promotional material, but also to teams using automated systems to communicate with or engage consumers.[1]

Businesses using AI, machine learning or automated systems for covered marketing activities would have to register that use with the FCCPC.[1] AI-generated or automated marketing content would have to be clearly identifiable as such.[1] Businesses using AI-driven communications would also have to let consumers opt out of automated marketing communications.[1] The draft says marketing uses must be transparent and must not involve manipulation, misinformation, or exploitation of consumer data or behavioural tendencies.[1] Marketing, product and compliance teams can use these proposed duties to identify processes that may need review if the rules proceed.[1]

Businesses deploying AI-generated content or automated promotional systems would remain responsible for the representations, messages and claims those systems produce or communicate.[1] The proposal would impose liability when AI or automated tools produce misleading, discriminatory or harmful promotional outcomes.[1] A corporate entity could face an administrative penalty of up to N100 million or 1% of its previous year’s turnover, whichever is greater.[1] A natural person could face a fine of up to N50 million, and the draft proposes director disqualification for up to five years.[1] Specified breaches could attract penalties of up to N10 million.[1]

The FCCPC released the draft framework on September 30, 2026, and the provisions remain proposals rather than final enforcement rules.[1][2] The draft would amend Nigeria’s 2005 sales promotion regulations and change notification fees.[3] Separately, the Federal Ministry directed that the regulatory status quo be maintained on internet platforms and cross-cutting digital economy issues pending a harmonised national framework.[4] The evidence does not say how that direction will affect the FCCPC proposal, so businesses should distinguish the proposed requirements from rules already in force.[2][4]