Nowadays, it is not uncommon while surfing the internet to come across a trending sexually explicit private picture or video of a person shared by another. Oftentimes, these pictures or videos are often recorded with the consent of the perpetrator and victim. However, at the time of release to the social media space or public domain, the other party victim is often unaware or consulted prior to its circulation.

This evil concept is referred to as revenge pornography (revenge porn), and its attendant negative effect knows no bounds. The aftermath effect has often led the victims to suffer depression, anxiety, loss of current or future employment, loss of future or current relationships, Post-Traumatic Stress Disorder (PTSD), and in extreme cases, the commission of suicide, among others.

Revenge porn is a crime in Nigeria, and the law frowns against it owing to the devastating effect it tends to have on victims. This piece aims at exploring the concept of revenge porn under Nigerian law as well as remedies available to victims.

WHAT IS REVENGE PORN?

Revenge porn refers to the distribution of sexually explicit images or videos of another without the person’s consent. Simply put, the unsolicited distribution of sexually explicit pictures or videos of another without that person’s consent with the intention to cause embarrassment or shame is referred to as revenge porn. It is immaterial that the explicit pictures or videos were taken by the victim or were taken with his or her consent. What matters is that it is being circulated without the victim’s consent. To constitute revenge porn, the following must be established:

1. There is an explicit picture or video of a person
2. Those pictures or videos were shared
3. The victim did not consent to the circulation of the shared pictures or videos
4. The perpetrator intends to cause shame or embarrassment to the victim
5. The perpetrator shared the pictures or videos because the victim refused to grant certain requests of his or her
6. The perpetrator intends to get back at the victim (by way of revenge)

IS REVENGE PORN A CRIME?

Revenge porn is criminalized in Nigeria under the Criminal Code Act[i] and the Cybercrimes (Prevention and Prohibition) Act[ii]. By virtue of the Criminal Code:

“Any person who knowingly sends, or attempts to send, by post anything which;

(a) encloses anything, whether living or inanimate, of such a nature as to be likely to injure any other thing in the course of conveyance, or to injure any person; or

(b) encloses an indecent or obscene print, painting, photograph, lithograph, engraving, book, card, or article, or which has on it, or in it, or on its cover, any indecent, obscene, or grossly offensive words, marks, or designs; is guilty of a misdemeanor and is liable to imprisonment for one year”[iii]

Asides from the Criminal Code, the CyberCrimes Act also criminalizes revenge porn thus:

1. Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that is grossly offensive, pornographic, or of an indecent, obscene, or menacing character or causes any such message or matter to be so sent; or

• he knows to be false for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will, or needless anxiety to another or causes such a message to be sent: commits an offense under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.[iv]

REMEDIES AVAILABLE TO VICTIMS OF REVENGE PORN

A person who happened to find his or her sexually explicit pictures or videos in circulation has some remedies under the law; however, it is imperative to point out that at the point of being threatened with posting the pictures or videos online, the victim should;

1. Inform the Police: By engaging law enforcement agents, especially the police, the culprit or person in custody of the sexually explicit picture or video can be arrested and interrogated by the police to ensure the said pictures do not get into public view. This is based on the fact that sharing it in public view will amount to a criminal offense. Also, the very act of threatening to publish the explicit picture or video in itself amounts to the crime of blackmail.
2. Engage the services of a lawyer: By engaging a lawyer, the lawyer is able to work with the law enforcement agents by filing a petition or complaints for blackmail which can subsequently get the culprit arrested and curtailed to ensure the private pictures or videos do not get into the public view.

However, in cases where the posts are already circulated online, the remedies available are:

1. An action for breach of the right to privacy: The right to privacy is guaranteed and protected under the constitution.[v]Thus, where A’s sexually explicit pictures are shared online by B, A can maintain an action in court against B to enforce a breach of his fundamental right to privacy.
2. Criminal Prosecution: An aggrieved victim can also maintain a criminal action against the perpetrator of the crime under sections 170 and 24 of the Criminal code and CyberCrimes Act, respectively.
3. Civil action for damages: A civil suit can also be instituted by an aggrieved victim against the perpetrator in situations where the victim suffers as a result of the publication of sexually explicit pictures or videos.

Revenge porn cases are on the rise, especially with the increase in digitalization, as people now indulge in it to extort money from the victims, get back at their ex-boyfriend or girlfriend, blackmail the victim for sex or threaten an adversary. Rather than fall into depression or go suicidal, it is advised that victims or potential victims should explore the remedies highlighted above to ensure they get the desired justice.

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[i] Criminal Code Act, Cap C38 LFN 2004

[ii] CyberCrimes (Prevention and Prohibition Act), 2015

[iii] See Section 170 of the Criminal Code

[iv] See Section 24 of the Cybercrimes Act

[v] See Section 37 of the 1999 Constitution (As Amended)

Written by Muhiz Adisa for The Trusted Advisors

Email us: info@cms.trustedadvisorslaw.com

Telephone Number: +234 810 159 9159