Cybercrimes Act, 2015

The Cybercrimes Act has a few provisions that address the non-consensual sharing of intimate images or videos.

Section 23(2): “Any person who knowingly makes or sends other pornographic images to another computer by way of unsolicited distribution shall be guilty of an offence and upon conviction shall be sentenced to one year imprisonment or a fine of two hundred and fifty thousand naira or both”

Section 24: “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 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.”

Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries (online platforms), 2022

Part 1 (Clause 4) of the Code states: “All Interactive Computer Service Platforms/Internet Intermediaries shall act expeditiously to remove, disable or block access to non-consensual content that exposes a person's private areas, full or partial nudity, sexual act, deepfake, or revenge porn, where such content is targeted to harass, disrepute, or intimidate a user or non-user. A Platform must acknowledge the receipt of the complaint and take down the content within 48 hours”

Platforms are also mandated to “disclose the identity of the creator of information on its Platform when directed to do so by a Court order. Provided that an order of this nature shall apply for the purpose of preventing, detecting, investigating, or prosecuting an offence concerning…an offence relating… to rape, child abuse, or sexually explicit material.”

The Violence Against Persons Prohibition (VAPP) Act, 2015

Section 14, “A person who causes emotional, verbal and psychological abuse on another commits an offence and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,000 or both”

Section 17, “A person who stalks another commits an offence and is liable upon conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding N500,000 or both” Where stalking is defined as “following, pursuing, or accosting any person in a manner which induces fear or anxiety.”

Section 18, “Any person who intimidates another commits an offence and is liable upon conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,000 or both”

Where intimidation is defined as, “uttering or conveying a threat or causing any person to receive a threat which induces fear, anxiety or discomfort” The Act also defined harassment as, “repeatedly sending, delivering or causing the delivery of information such as letters, telegrams, packages, facsimiles, electronic mail, text messages or other objects to any person”

Because this Act requires each state in Nigeria to adopt it, there are limitations to its application in states in which the law is yet to be adopted. At the writing of this report, only 25 states out of 36 had adopted the VAPP Act.

Child's Rights Act 2003

The Child's Rights Act (CRA) defines any sexual intercourse, abuse or sexual exploitation of a child as unlawful even where consent has been obtained from the child. Hence, all sexual exploitation of children is deemed non-consensual and unlawful and the evidence of 'consent' cannot legitimise the act.

The Act also clearly makes it a crime to use a child for the production of pornography or any pornographic performance.

In the event that a child is the subject of an NCII distribution incident, the CRA would be relevant legislation in protecting the interests and rights of the child.

What to do if You are a Victim of ‘Revenge Porn’

You Deserve Support. First, please do not let the distress take over your life and do not turn on yourself. This is already difficult enough. You may be feeling crippling fear, regret and confusion. These are normal emotions in a situation like this, and this is not happening to you alone. Realise you are dealing with a criminal. You deserve support. If you are under 18, you need to talk to your parents, or a calm and kind teacher you trust, a favourite aunt; someone who can help.

‘STOPNCII’/’Take it Down.’ If you have a copy of the content, you may be able to block it from being shared on some platforms. StopNCII is an organisation that can help block content from being uploaded to platforms such as Facebook and Instagram. If you are under 18 or the victim is a child, you will not be able to use STOPNCII, but you can use Take It Down. Take It Down is a free service that can help remove intimate images taken before the age of 18.

Document the Evidence.’ Whether the criminal is still threatening, or has already shared the content, it is necessary that you preserve the evidence of this. It is understandable that you may be in a hurry to get rid of all traces that this ever happened and forget about it quickly. It may even seem counter-intuitive that we just told you how to ‘get rid’ of the images and then we are also saying afterwards, that you preserve the evidence. The links shared above will not get rid of the evidence, they will only prevent the images from being distributed widely online. To be able to stop the offender and deter him from further abusing you or others in the future, to be able to make an official report and get the justice you deserve; the nature, frequency, and specific details of each threat or act of violence, including copies of threatening messages, photos, or other correspondence need to be carefully preserved. Consider storing evidence in the cloud or on an external device, securely.

What to Document.’ It is important to document what was shared or what the abuser has threatened to share. Document all known identifying information regarding the abuser, such as their names, aliases, address, bank account details, phone number(s), email address(es), user name(s), social media accounts, even internet service provider – especially when you are dealing with an anonymous stalker that’s not known to you previously. If the images have been shared already, document where it was shared, when it was shared and who shared it (from what accounts or username). Take screenshots and pictures and keep as much details as possible, about all correspondence with the abuser including communications which may not have been expressly harassing or threatening. If witnesses have observed any of these communications, you may want to document this also. All this evidence will be helpful for progress with a criminal case if you choose to do so.

Don’t Give in to Blackmail.’ If blackmail of any sort is involved (sextortion), it is advisable not to give in to the abuser’s demands either for money, sexual favours, a romantic relationship, etc. If you start it, consider that there might be no end in sight to it. Many victims who pay or give in to the demands of the harasser typically have to continue to pay higher, in cash or in kind. In some cases, even when the demands have been met, the abuser will still go on to post the intimate images. If you have already ‘paid,’ keep a careful trail of evidence. If the offender has already shared the content online, it is best not to directly try to get them to remove the content by doing whatever it is they want. You should not be held ransom by content online and you should not have to pay for content to be removed. Consider talking to a lawyer. There are laws that can help you take your images down and stop the abuser.

Report.’ Contact the website used to share the content. Both social media sites and most adult sites have the capability for you to report content that should be taken down. You can use these guides here, for reporting your intimate images shared without consent on most social media channels. If your image was shared on a website, contact the website once you have gathered the evidence, and ask them to remove your images because they do not have your consent. If the website is being recalcitrant, your lawyer may be able to help make them comply.

Self Care.’ If your content is now public, it will be very hard to deal with but you must know that you are not the criminal, and you do deserve help, love and support. Try not to monitor the content and the comments under it, this will only cause you more difficulty. Instead, focus on self-care, how best to resolve the matter for yourself, and how to make sure as far as you can help it, this never happens again.