Revenge porn refers to the sharing of explicit or sexual images or videos without the consent of the person in the image. Revenge porn on social media is prevalent, and there is usually the need for legal intervention for the protection of victims. Under the Nigerian law, there are frameworks designed to protect the victims or potential victims of revenge porn.
MAKING INTIMATE VIDEO NOT A CRIME
It is fair to point that merely making or mutually exchanging intimate image or video between consenting adults is not a crime, but what would constitute a crime is the non-consensual posting of these contents.
WHAT DOES THE LAW SAYS?
The Cybercrimes Act enacted in 2015 specifically criminalizes revenge porn. Section 24(1) of the Cybercrimes (Prohibition, Prevention) Act, 2015 provides that:
“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 commits an offence 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.”
The legal consequence of the above is that a person who engages in revenge porn, especially on the internet, shall be liable to conviction for a term of imprisonment not more than 3 years or fine of N7,000,000.00 (Seven Million Naira) or both.
Similarly, according to Section 170 of the Criminal Code Act, a perpetrator of revenge porn by mail is guilty of a misdemeanour and liable to imprisonment for one year.
In fact, any act of revenge porn remains a violation of Section 37 of the 1999 Constitution of the Federal Republic of Nigeria, as altered, which protects and guarantees the right to privacy. Sharing obscene or explicit content of another person without their permission or where the permission is gotten by fraud, misrepresentation or other illicit means, would constitute a breach of privacy of the victim.
Some states in Nigeria have equally enacted laws that protect the privacy of citizens especially as it relates to revenge porn. One of such is the Law Reform (Torts) Laws of Lagos State 2015; Section 29 (3) of this law makes anyone who engages in revenge porn tortuously liable for invasion of privacy especially where the intrusion is “highly offensive”.
Cases relating to revenge porn have been tested in our courts. Thus, in ATTORNEY GENERAL OF THE FEDERATION AND ORS v. AYAN OLUBUNMI (2017), the defendant (Mr. Ayan Olubunmi) had threatened to post nude pictures of his girlfriend on social media when she informed him of her disinterest in the relationship. The lady, who is married with children, pleaded with him not to carry out the threat. He thereafter requested for the sum of N200,000.00 as a condition for him to consider her pleas. He, however, posted the nude pictures on Facebook when the lady could not give in to his financial request. Challenged, the court held that Mr Ayan was guilty of violating Section 24(1) of the Cybercrimes Act, 2015 and was sentenced to two years imprisonment and a fine of N500,000.00 (Five Hundred Thousand Naira Only)
THREAT TO POST/PUBLISH REVENGE PORN
As established in the case cited above, the threat to post or publish revenge porn is a violation of the Cybercrimes Act, and it is punishable by imprisonment or fine. The mere fact that it was simply a threat and the actual act has not been committed is not sufficient to escape the weight of law. Whether the actual revenge porn was published or not is immaterial. Merely threatening to publish revenge porn is a crime under the Nigerian law.
This position is supported by Section 24(2)(a) of the Cybercrimes Act, 2015. In fact, deploying revenge porn as a desperate means to extort a victim is equally a crime punishable under Section 408 of the Criminal Code Act and attracts a punishment of three years imprisonment.
IS MERE DISCLOSURE OF OBSCENE CONTENT TO A THIRD PARTY WITHOUT VICTIM’S CONSENT A VIOLATION?
The law provides that it is illegal to publish another person’s obscene images or videos without their consent. It is immaterial whether the image or video was (privately) shared with a third party. Once the consent of the actual person or persons in the image or video is absent, then, the sharer of the video becomes liable under the law.
REMEDY FOR VICTIMS OR LIKELY VICTIMS
Silence is not an option for victims and potential victims, most especially. Since revenge porn is a crime in Nigeria, victims can file a formal complaint with the police which would cause the arrest, prosecution and possible conviction of the perpetrators.
Alternatively, victims of revenge porn can apply to a High Court for the enforcement of their fundamental rights to privacy guaranteed under Section 37 of the 1999 Constitution and can file a civil action for intrusion of privacy, wherein damages and public apologies would be claimed.
Authored By: Festus Ogun (Managing Partner) and Oyinkansola Adebisi (Legal Intern)
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