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In this digital age, new ways of committing crimes using computer devices have come to light. Cyberbullying, committed through the use of a computer against the person of another, is an example of these new-age crimes. With the recent increase in cyberbullying on social media channels, many countries have responded by legislating against it.
In Nigeria, the principal legislation on cyberbullying is the Cybercrime (Prohibition, Prevention, and Enforcement) Act, of 2015. Before the enactment of the Act, the legal regime on cyberbullying consisted mainly of the Criminal Code Act and the Penal Code Act. These Acts prohibit cyberbullying indirectly.
With the increase in internet access, social media, and technology, cyberbullying has become rampant in our society thereby making it quintessential that measures be put in place to protect victims and ensure accountability in Nigeria.
LEGAL LANDSCAPE OF CYBERBULLYING
Cyberbullying simply put is bullying which occurs online. It is the persistent and deliberate harassment that causes harm to the targeted individual.[i]
The term “cyberbullying” is usually used interchangeably with “cyberstalking”. Notably, the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 of Nigeria, uses the word “cyberstalking” which is defined as any course of conduct directed at a specific person that would cause a reasonable person to feel fear. Accordingly, sending any form of communication through a computer to intimidate, threaten, or harass another individual in a way that instills fear of death, violence, or physical harm constitutes cyberstalking.[ii]
Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 provides a framework for the prevention and prosecution of cybercrimes. Section 24 of the Act provides that any person who knowingly or intentionally sends a message or other matter using computer systems or networks that is: (a)Grossly offensive, pornographic, or of an indecent, obscene, or menacing character or causes any such message or matter to be so sent; or (b)He knows to be false, to cause 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 ₦7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.
The Act further states by Section 24(2) that any person who intentionally transmits any communication through a computer system to bully or threaten or harass another person, where such communication places another person in fear of death, violence or bodily harm or to another person; commits an offense under the Act and shall be liable on conviction to 10 years and for a minimum fine of ₦25,000,000.00 (Twenty-Five Million Naira).
In AG of the Federation v Ayan Olubunmi, the Federal High Court in Ado-Ekiti, Ekiti State, sentenced Ayan Olubunmi to two years in prison and a fine of N500,000 for posting the nude photos of his ex-lover, Arare Monica on Facebook. Ayan had threatened to share the explicit images on social media when Monica ended their relationship in 2017. Despite Monica’s plea and an offer of N200,000 as an inducement, Ayan posted the pictures as he threatened. The court found Ayan guilty of violating the Cyber Crime Act of 2015, and the judge described the act as disgraceful and barbaric. While the maximum penalty for the offense was a N7 million fine and a three-year prison term, Ayan was sentenced to a two-year prison term and a N500,000 fine.
In addition, under tort law, an action for cyberbullying can be brought under defamation. However, to succeed in a defamation claim, the plaintiff must prove that the statement was false, it was published to a third party and it caused material damage to their reputation.
Furthermore, the Criminal Code (‘CC’) makes it an offense to threaten a person with an injury to his person, reputation, or property; persistently follow the person around; watch or beset the person’s place of residence or work with the intent to prevent or compel the person from doing an act he is lawfully entitled to do or abstain from doing.[iii] The CC also criminalizes defamation.[iv]
MEASURES TO ENSURE VICTIM PROTECTION AND ACCOUNTABILITY
To ensure that victims are adequately protected, the courts in Nigeria are empowered to make a Prohibition Order to safeguard the victim or victims of the offense, or any individual identified in the order, from actions that constitute harassment or would induce fear of violence, death, or bodily harm. This order can also forbid the defendant from engaging in any actions specified within the order.
Victims of cyberbullying are also advised to take steps to report the incident to the appropriate authorities to prevent future occurrences.[v] It has been discovered that the majority of those who experience cyberbullying do not report it. If we are to succeed in preventing bullying, we need to break the silence in which it thrives by empowering people to speak out and seek help.[vi]
To ensure accountability, the government has a role to play. The government should monitor the activities of online service providers and also make sure policies preventing cyberbullying are fully implemented. Online service providers are advised to undertake periodic reviews of the design and features of their services to identify potential misuse and address it if possible. In addition, the government should set up a clear and simple reporting mechanism, to ensure easy access to resources and assistance for victims of cyberbullying. [vii]
Non-governmental organizations have a role to play in dealing with cyberbullying through the services they offer such as hotlines and helplines as well as by creating awareness of cyberbullying and the need to report it whenever it occurs.
CONCLUSION
As the internet has become a new platform for misconduct, in that communications via the internet can be used to threaten, harass, intimidate, and cause harm to others, it has become imperative to enact laws that not only prohibit cyberbullying but also protect the victims of this crime.
The first step to cyberbullying prevention is awareness. Some people do not know what cyberbullying is. Through awareness campaigns, people would understand the problem, the technology, and how to safeguard against it.
Furthermore, steps should be taken to enact legislation or regulation in Nigeria conferring on a specific law enforcement agency the specific function of enforcing and implementing the provisions of the Act. The Act has not conferred on a specific law enforcement agency the specific responsibility of the implementation and enforcement of the Act thereby limiting the effectiveness of the act in combating cyberbullying.[viii]
Nigeria has taken a step in the right direction by establishing a legal framework to prohibit cybercrimes thereby providing recourse for its victims. However, much is still left undone in the areas of implementation and enforcement of the law which is necessary for its effectiveness.
[i] Rodiyyah Bashir, “Legal Consequences of Social Media: Defamation, Privacy, and Cyberbullying” https://cms.trustedadvisorslaw.com/legal-consequences-of-social-media-defamation-privacy-and-cyberbullying/?utm_source=mondaq&utm_medium=syndication&utm_term=Litigation-Mediation-Arbitration&utm_content=articleoriginal&utm_campaign=article Accessed 24 October 2023
[ii] Adejoke Adediran, “Cyberbullying in Nigeria: Examining the Adequacy of Legal Responses” https://link.springer.com/article/10.1007/s11196-020-09697-7/ Accessed 25 October 2023
[iii] The Criminal Code Act (‘CC’) Cap C38 Laws of the Federation of Nigeria 2004, s 366
[iv] The Criminal Code Act (‘CC’) Cap C38 Laws of the Federation of Nigeria 2004, s 375
[v] Cybersmile, “Who to Call” https://www.cybersmile.org/advice-help/category/who-to-call Accessed 23 October 2023
[vi] Juliet I. Nwufo1 & Mary Basil Nwoke, “Cyber Bullying In Contemporary Nigeria: Implications On
Youths’ Psychological Wellbeing” https://journals.aphriapub.com/index.php.pp Accessed 21 October 2023
[vii] Ibid
[viii] Onyekonwu Ifeatu Stephanie, “A Discourse On The Legislation Prohibiting Cyber Stalking In Nigeria” https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4289439#:~:text=Before%20the%20enactment%20of%20mainline,2015%20which%20expressly%20criminalises%20cyberstalking. Accessed 25 October 2023
Written by Adeife Omolumo for The Trusted Advisors
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