The Legal And Ethical Considerations Of Using Drones For Commercial Purposes

By Oyetola Muyiwa Atoyebi, SAN

INTRODUCTION

As the popularity of drones continues to rise, so do the legal and ethical implications of using them. In Nigeria, the use of drones has become more prevalent, particularly in areas such as agriculture, surveillance, and aerial photography. However, in order to ensure the proper and safe use of drones, it is essential to consider the legal and ethical implications associated with their use. This includes obtaining necessary permits and adhering to regulations set forth by the Nigerian Civil Aviation Authority, respecting privacy laws, and ensuring proper liability protection.[1] Additionally, ethical considerations such as privacy invasion, noise pollution, safety concerns, and environmental impact must be taken into account. By considering the legal and ethical implications of using drones, we can ensure that the use of drones in Nigeria is safe, secure, and ethical.[2]

From a legal standpoint, the operation of drones is subject to a complex set of regulations that vary depending on the country and jurisdiction. These regulations cover issues such as licensing, registration, and flight restrictions. In addition, the use of drones can give rise to privacy concerns, particularly if they are equipped with cameras or other sensors. From an ethical standpoint, there are questions about the appropriate use of drones and the potential impact on individuals and communities. In this article, we would discuss the legal and ethical considerations of using a drone.

WHAT IS A DRONE?

A drone is an unmanned aerial vehicle (UAV) or aircraft that can be remotely controlled or fly autonomously using GPS technology and sensors. It typically contains a camera or other sensors that capture data for various applications and can have a range of shapes and sizes. Drones are commonly used in many fields, including photography, delivery services, emergency response, surveillance, agriculture, and journalism.

IMPACT OF DRONES FOR COMMERCIAL PURPOSES

Drones were originally developed for the military and aerospace industries, but recently, drones have found their way into the mainstream because of the enhanced levels of safety and efficiency they bring. These robotic UAVs operate without a pilot on board and with different levels of autonomy and because a drone’s autonomy level can range from being remotely piloted (a human controls its movements) to advanced autonomy.

In the wake of drones being able to be controlled remotely and can be flown at varying distances and heights, they make perfect candidates to take on commercial jobs, which the implications clearly have a positive impact on businesses and consumers. Consumers directly benefit from job creation, resulting in additional earnings. Commercial drones will also allow industries to realize savings from cost-effective means of inventory, transportation, and distribution. These cost savings can be passed down to the consumer through a reduction in prices.

Because drones can be controlled remotely and can be flown at varying distances, they make perfect candidates to take on some of the toughest jobs in the world. They can be found assisting in a search for survivors after a hurricane, giving law enforcement and the military an eye in the sky during terrorist situations and advancing scientific research in some of the most extreme climates on the planet.

THE LEGAL IMPLICATIONS OF USING A DRONE FOR COMMERCIAL SERVICES IN NIGERIA.

1. 1. Permits and regulations: Commercial drone operators must obtain permits and follow the regulations set by the Nigerian Civil Aviation Authority (NCAA).
2. Restricted airspace: Certain airspace in Nigeria may be restricted, and drones should not fly in these areas. This includes restricted areas around airports or other government facilities.
3. Privacy laws: Drones equipped with cameras can infringe on privacy laws. Therefore, they should not be used to take pictures of people or property without consent.
4. Liability: Drone operators are responsible for any accidents or damage caused by the drone, so adequate insurance coverage must be in place.
5. Data protection: Drones used for commercial activities typically collect data, and this data must be handled in accordance with data protection laws.
6. Intellectual property rights: Drones must not infringe on any intellectual property rights such as trademarks, copyrights, or patents.
7. National security: Drones should not be used in any way that could compromise national security. There is a need to control the manufacture, sale, and use of drones accordingly.
8. Workforce regulations: There may be regulations regarding the use of drones, prohibiting any form of exploitation of workers that operate such devices.
9. Consumer protection: Drones must comply with consumer protection regulations, such as warranties and return policies.[3]
10. Environmental regulations: Drones can have an impact on the environment, and regulations must be put in place to minimize the negative impact. Drones should not cause soil erosion, uncontrolled emissions, or disturbance of wildlife habitats.

THE ETHICAL IMPLICATIONS OF USING A DRONE FOR COMMERCIAL SERVICES IN NIGERIA.

1. Invasion of privacy: Drones with cameras can be intrusive and could violate an individual’s right to privacy.
2. Weaponization: There is a risk of drones being weaponized, which could be used illegally and pose a major threat to public safety and national security.
3. Social and cultural impact: The use of drones for commercial activities may change the way people work and interact with each other, leading to social and cultural impacts that may not be immediately apparent.
4. Noise pollution: Drones can generate a significant amount of noise, creating a potential nuisance to people in the vicinity.
5. Safety concerns: Drones used for commercial activities may pose a risk to the safety of the public, especially in crowded areas. There’s also a risk of accidents associated with drone collisions.
6. Environmental impact: Drones can cause environmental damage, including noise pollution, soil erosion, and disturbance of wildlife habitats.
7. Responsible use: The use of drones for commercial activities must be responsible, considering the potential impact on people, property, and the environment.
8. 8. Liability: Drone operators must be liable for any accidents, damage, or injuries that occurred while operating the drone. Therefore, adequate insurance should be put in place.
9. Job displacement: The widespread use of drones for commercial activities may result in job displacement, leading to a loss of employment for those who would have been employed to carry out these tasks.
10. Accountability: Ethical and moral issues will arise with the use of drones for commercial activities. There is a need to ensure accountability for their use to avoid negative consequences.

CONCLUSION

In conclusion, the use of drones in Nigeria has several legal and ethical implications that must be considered in order to ensure the proper and safe use of these devices. Drone operators must obtain the necessary permits and licenses and adhere to regulations set by the Nigerian Civil Aviation Authority. They must also respect privacy laws, ensure liability protection, and consider ethical issues such as safety concerns, noise pollution, environmental impact, and invasion of privacy. By taking these considerations into account, the use of drones in Nigeria can be both beneficial and ethically sound. It is important to balance the potential benefits of drones with the responsibility of using them in a manner that is safe, secure, and respectful of the rights and privacy of individuals.

SNIPPETS:

From a legal standpoint, the operation of drones is subject to a complex set of regulations that vary depending on the country and jurisdiction. These regulations cover issues such as licensing, registration, and flight restrictions.

KEYWORDS.

Drones, Nigerian Civil Aviation Authority, Unmanned Aerial Vehicle, Legal implication, ethical Implication.

AUTHOR: Oyetola Muyiwa Atoyebi, SAN

Mr Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm).

Mr. Atoyebi has expertise in and a broad knowledge of Technology Law and this has seen him advise and represent his vast clientele in a myriad of high-level transactions.  He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of Senior Advocate of Nigeria.

He can be reached via atoyebi@omaplex.com.ng   

CONTRIBUTOR: LILIAN EKU

Lilian is a member of the Dispute Resolution Team at OMAPLEX Law Firm. She also holds commendable legal expertise in Technology Law.

She can be reached via  lilian.eku@omaplex.com.ng

[1] Nigeria Civil Aviation Regulations (NigCARs) Part 8, Subpart 2: Unmanned Aircraft System Operations

[2] Nigerian Civil Aviation Authority (NCAA) Guidelines for the Operations of Unmanned Aircraft Systems (UAS/Drones) in Nigeria

[3] Regulating Drones: Legal and Ethical Implications”, by Luke Clancy, Journal of Business Law, Vol. 3, 2018.