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The adoption of social media and digital communication has transformed how individuals communicate, exchange information, and voice their opinions. Although the adoption of digital communication introduced a paradigm shift in how individuals communicate and exchange ideas via the digital space, it is not without its frailties, most notably the increase in online harassment and defamation.
In Nigeria, victims of such destructive behaviour frequently experience mental discomfort, harm to their reputation, and even social or financial difficulties. Online abuse spreads more quickly, reaches a larger audience, and has enduring digital traces that can be challenging to remove, in contrast to older forms of defamation.
It is against this background that this article aims to give an overview of online defamation and cyberbullying with a view to highlighting the legal remedies available to victims
WHAT IS ONLINE DEFAMATION AND CYBERBULLYING
Generally speaking, defamation is any imputation published about a person which is calculated to lower that person in the estimation of the right-thinking members of the society or cause him to be shunned or avoided, or which exposes him to hatred, contempt, or ridicule, or which is disparaging or injurious to him in his office, profession, trade, or business.[1]
Online defamation, therefore, connotes defamation carried out against a person using the digital space. This connotes all forms of publication about a person online, whether written or spoken, which is calculated to lower their estimation by right-thinking members of the society or cause him to be shunned or avoided, or which exposes him to hatred, contempt, or ridicule, or which is disparaging or injurious to him in his office, profession, trade, or business.
Cyberbullying, on the other hand, is bullying that takes place over digital devices like cell phones, tablets, and computers. Cyberbullying can happen over email, through texting, on social media, while gaming, on instant messaging, and through photo sharing.[2] Cyberbullying also includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else, causing embarrassment or humiliation.
LEGAL FRAMEWORK
a. Civil law of defamation:
Nigeria recognizes defamation as a civil wrong (tort). Libel (written or permanent forms) is actionable per se; slander (spoken transient statements) may require proof of special damage unless it is slander per se. A successful civil claim can yield general and aggravated damages, injunctions, and orders for retraction/apology.[3]
b. Criminal law:
Defamation is also a criminal offence under provisions of the Criminal Code (applicable in southern states) and the Penal Code (applicable in the North). The Cybercrimes (Prohibition, Prevention, etc.) Act 2015 (as amended) specifically addresses online forms of defamation, cyberstalking, and related online mischief, and prescribes criminal penalties for certain categories of online abusive conduct.[4]
c. Evidence & digital proof:
Nigeria’s Evidence Act 2011 (and recent amendments) contains provisions facilitating the admissibility of electronically generated records and computer-produced documents, which are critical for proving online publication, authorship, and circulation.[5] The courts, however, require proper authentication and chain-of-custody for electronic evidence.
d. Data privacy & protection:
Data protection laws give data subjects’ rights (including correction and erasure) that can be relied on to request the removal of personal data published online and to compel controllers/platforms to delete or de-index certain personal information.[6] These are generally governed by the provisions of the Nigeria Data Protection Act, 2023 (NDPA) and the NDPA General Application and Implementation Directives, 2025 (GAID).
REMEDIES AVAILABLE TO VICTIMS OF ONLINE DEFAMATION AND CYBERBULLYING
A victim of online defamation and cyberbullying could seek civil, criminal, or administrative remedies against the perpetrator. These would be taken one after the other.
CIVIL REMEDIES
ADMINISTRATIVE REMEDIES
Victims may also lodge complaints with sector-specific regulators where content violates telecoms rules or relates to phishing/scams. Regulators can liaise with platforms and providers for takedown or blocking orders in specific circumstances.[9]
CRIMINAL REMEDIES
CONCLUSION
Nigerian victims of cyberbullying and online defamation have several options for redress, including administrative rights under the data protection law, criminal complaints under the cybercrimes and criminal libel provisions, civil damages and injunctions, and actual platform takedowns. With the help of judicial intervention, Nigerian law provides remedies through criminal penalties, civil claims, and constitutional protections. To improve victim protection and create a more secure, civil online community, it is imperative to fortify regulations, encourage digital literacy, and ensure effective enforcement.
[1] A.O.N Ezeani 7 R.U Ezeani “Law of Torts (With Cases and Materials)” Odade Publishers, Page 497. See also the case of The Sketch Publishing Co. Ltd & Anor v. Alhaji Azeez Ajagbemokeferi (1989) 1 NWLR Pt. 100 678
[2] https://www.pacer.org/bullying/info/cyberbullying/ accessed September 24, 2025
[3] https://aret-bret.com/online-defamation-addressing-the-question-of-jurisdiction-in-nigeria/ accessed September 17, 2025
[4] Cybercrimes (Prohibition, Prevention, etc.) Act 2015 (Act) (as amended). See generally Sections 24, 25 of the Act
[5] Evidence Act 2011 (Nigeria) (as amended by Evidence (Amendment) Act 2023). See Section 84 on the admissibility of computer-generated evidence.
[6] Nigeria Data Protection Act 2023
[7] https://chamanlawfirm.com/cyber-bullying-laws-in-nigeria/ accessed September 17, 2025
[8] https://oal.law/learn-the-rules-of-online-engagement-introduction-to-defamation-privacy-and-cyberbullying/ accessed September 17, 2025
[9] https://oal.law/learn-the-rules-of-online-engagement-introduction-to-defamation-privacy-and-cyberbullying/ accessed September 17, 2025
Written by Muhiz Adisa & Kareema Muhammed for The Trusted Advisors
Email us: info@cms.trustedadvisorslaw.com