- in Asia
- with readers working within the Law Firm industries
- within Criminal Law, Real Estate and Construction and Tax topic(s)
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
(a) Damages:
Victims may sue for general damages for injury to reputation and hurt feelings, and in appropriate cases, aggravated or exemplary damages where the defendant acted maliciously or with reckless disregard.7 Courts have, in recent reported judgments, awarded multi-million naira awards for libel published in letters or online where publication and harm were proved.
(b) Interim (interlocutory) and permanent injunctions:
A plaintiff can apply for an interlocutory injunction to restrain further publication while the cause proceeds to trial, particularly important where online material is “going viral”. After trial, a permanent injunction can bar repeated postings or republication of the defamatory content.
(c) Retraction, apology, and correction:
Courts in deserving cases may order a formal retraction and or apology to the victim against the defendant; many civil settlements include corrective statements and retractions posted on the same platforms.
(d) Declaratory relief and delivery up of offending material:
Courts may grant declarations that statements were false and defamatory and can order the defendant to surrender or delete material, or to transfer access details where appropriate.
ADMINISTRATIVE REMEDIES
(a) Platform notice & takedown:
Most social media platforms have notice-and-takedown or community standards processes.8 Victims should use platform reporting mechanisms (Twitter/X, Facebook, Instagram, TikTok, YouTube, etc.) to request removal and preservation of offending content.
(b) Nigerian Communications Commission (NCC) and other regulators:
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
(a) Cybercrimes Act: Some sections of the Cybercrimes Act criminalize online publication of defamatory material and cyberstalking/cyberbullying behaviour (including persistent abusive conduct directed at a person online). The Act prescribes fines and custodial sentences for certain offences and empowers law enforcement to investigate and prosecute. In addition, the Act introduced specific sanctions for aggravated online offences.
(b) Criminal Code / Penal Code: Where online conduct amounts to an offence under existing criminal libel provisions in the Criminal Code or relevant Penal Code provisions, victims can lay information with the police or petition the Attorney-General for prosecution (some prosecutions may require the consent of the AG). Under Section 375 of the Criminal Code Act, perpetrators may face imprisonment. Section 375 of the Criminal Code Act provides that a person who publishes any defamatory matter is guilty of a misdemeanour and is liable to imprisonment for one year; and any person who publishes any defamatory matter knowing it to be false is liable to imprisonment for two years.
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.
Footnotes
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
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
