The world has evolved in the digital age, and communication has become easier and more advanced than ever. However, this has also introduced avenues for cybercrimes. One of the most prominent is cyberbullying or cyber stalking, which at its core is bullying others through the use of digital platforms.
The Oxford Advanced Learner's Dictionary defines cyberbullying as using electronic communication to frighten or upset someone. Cyberbullying takes many forms, and they include1:
- Harassment: by repeatedly sending offensive, hurtful, or threatening messages to an individual, often with the intent to intimidate or humiliate them. This can happen via texts, emails, or, more prevalent, social media.
- Flaming: Using aggressive, offensive, or insulting language in online discussions, forums, or comment sections to provoke arguments. This is often seen in heated online debates.
- Denigration: Spreading false or malicious information about someone to damage their reputation. This can include posting edited images, false rumours, or defamatory statements online.
- Impersonation or Identity Theft: Pretending to be someone else online by hacking into their accounts or creating fake profiles to harm their reputation, spread false information, or scam others.
- Outing: Publicly sharing someone's private, sensitive, or embarrassing information without their consent, often to humiliate or blackmail them. This could include personal messages, photos, or secrets.
- Exclusion: Intentionally leaving someone out of online groups, chats, or activities to make them feel isolated and rejected. This can be particularly damaging in school or social settings.
- Cyberstalking: Repeatedly following, monitoring, or threatening someone online, often leading to real-life fear and distress. Cyberstalkers may use social media, emails, or tracking software to keep tabs on their victims.
- Trolling: Deliberately posting inflammatory, offensive, or provocative comments online to upset or anger others. Trolls often seek reactions rather than genuinely engaging in conversations.
Ultimately, such acts can promote violence, spread misinformation, defamatory news, and cause harm to other persons.
Cyberbullying has become much common today. The anonymity of the internet has emboldened perpetrators who believe they can avoid legal consequences2, and many social media users operate under the assumption that statements or actions made online do not carry legal responsibility. However, Nigeria has established laws to ensure that such acts are not without consequences.
In Nigeria, the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 amended in 2024 (the "Act") was enacted to provide a unified legal, regulatory, and institutional framework for the prohibition, prevention, detection, investigation, and prosecution of cybercrimes in Nigeria3. Cyberbullying is used interchangeably with cyberstalking, and the Act defines cyberstalking as "a course of conduct directed at a specific person that would cause a reasonable person to feel fear"4.
This law criminalizes sending offensive, false, or threatening messages through computer systems or networks. Any person who knowingly sends or causes to be sent a message that is grossly offensive, pornographic, obscene, or menacing, or a message they know to be false with the intent to cause annoyance, inconvenience, danger, obstruction, insult, injury, intimidation, hatred, or anxiety, commits an offense and upon conviction, they are liable to a fine of up to N7 million, imprisonment for up to 3 years, or both5.
The law also prohibits sending messages that tend to bully, threaten, or harass another person in a way that places them in fear of death, violence, or bodily harm6. Additionally, it criminalizes messages that attempt to extort money or valuables by threatening a person's property, reputation, or accusing them of a crime7. For threats of violence, the offender faces up to 10 years imprisonment and/or a minimum fine of N25 million. For threats to harm someone's property or reputation, the punishment is 5 years imprisonment and/or a minimum fine of N15 million.
In addition to the provisions of Cybercrime (Prohibition, Prevention, etc.) Act, 2015 amended in 2024, Online harassment or defamatory statements can constitute defamation and, in some cases, may also amount to a violation of an individual's right to privacy as protected under Section 37 of the Constitution of the Federal Republic of Nigeria. In ADEGUNWA v. ADEPOJU & ORS8, the Court of Appeal, in determining cases of online defamation, held that the time and place of publication are essential for the plaintiff to establish a claim. Defamation can occur wherever an online publication is made
The enforcement of individuals' rights in the online space has gained significant traction in Nigeria, with victims increasingly taking legal action against online harassment. In 2024, Adewale Emmanuel popularly known as "Mayorkun", filed a One Billion Naira lawsuit against popular TikTok Influencer, Precious Kingsley, aka "Nicki DaBarbie" who accused him and singer "Skiibii" of being ritualists and attempting to exploit her for occultic rites, claiming that she escaped after an intense prayer9. Also, popular gospel singer Nathaniel Bassey wrote a petition to the IGP to investigate and prosecute four social media users, Okoronkwo Ejike, Kingsley Ibeh, Terrence Ekot, and DJ Spoiltkid, who accused him of paternal fraud10.
In 2023, the Federal High Court sitting in Lagos gave a judgment sentencing a TikToker identified as Okoye Blessing Nwakaego, to three years imprisonment or a fine of one hundred and fifty thousand Naira only for cyberstalking Nollywood actress Eniola Badmus through a social media app, TikTok11. The court's decision sends a strong message that cyberstalking and online harassment will not be tolerated, and those responsible will be held accountable for their actions12.
In Conclusion, Cyberbullying is a serious offense with far-reaching consequences ranging from fines to imprisonment, and the recent decision of the Court reinforces the stance against online harassment. With the growing awareness of people's online rights, not only will justice be provided to the victims, but enforcement of the law will serve as a deterrent to potential perpetrators and thereby ensure a safer online community for all. It is imperative for individuals to use online platforms responsibly and recognize that harmful online behaviour carries real legal consequences.
Footnotes
1. Willard (2007) category is the most widely accepted, as discussed in "CYBER BULLYING IN CONTEMPORARY NIGERIA: IMPLICATIONS ON YOUTHS' PSYCHOLOGICAL WELLBEING" by Juliet I. Nwufo1 & Mary Basil Nwoke2
2. CYBER BULLYING IN CONTEMPORARY NIGERIA: IMPLICATIONS ON YOUTHS' PSYCHOLOGICAL WELLBEING by Juliet I. Nwufo1 & Mary Basil Nwoke2
3. Explanatory Memorandum of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
4. Section 58 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015
5. Section 24(1) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015
6. Section 24(2)(a) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015
7. Section 24(2)(c) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015
8. (2024) LPELR-61827(CA),
9. https://punchng.com/defamation-mayorkun-slams-popular-tiktok-influencer-nicki-dabarbie-n1bn-lawsuit/
12. Ibid
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