The Law Of Cyberstalking In Nigeria
Published date | 03 April 2024 |
Law Firm | Aarndale Solicitors |
Author | Aarndale Solicitors |
Cyberstalking involves the use of technology (most often, the Internet!) to make someone else afraid or concerned about their safety1. Generally speaking, this conduct is threatening or otherwise fear-inducing, involves an invasion of a person's relative right to privacy, and manifests in repeated actions over time2. Section 58 of the Cybercrimes Act 2015 defines "cyberstalking" as a course of conduct directed at a specific person that would cause a reasonable person to feel fear.
This writer defines cyberstalking as certain acts perpetuated on the internet that may make a reasonable person feel as though a threat is being posed to his or her safety and well-being.
The foremost legislation on cyberstalking in Nigeria is the Cybercrimes Act 2015. Other legislations that may be applied to a cyberstalking matter are; the Nigerian Criminal Code and the Violence Against Persons Prohibition Act.
Acts that Amount to Cyberstalking under the Cybercrimes Act 2015
Section 24 of the Cybercrimes Act 2015criminalizes cyberstalking as it relates to the following acts:
1) Knowingly or Intentionally sending a message that is offensive or obscene or menacing character or causing any such message or matter to be so sent. Such offender 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 3 .
2) Knowingly or Intentionally sending a message that one 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 causing such a message to be sent. Such offender 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 4.
3) Knowingly or intentionally transmitting or causing the transmission of any communication through a computer system or network to bully, threaten or harass another person where such communication places another person in fear of death, violence or bodily harm or to another person5. Such an offender will be liable to imprisonment for a term of 10 years and/or a minimum fine of N25,000,000.006.
4) Knowingly or intentionally transmitting or causing the transmission of any communication through a computer system or network containing any threat to kidnap any person or any threat to harm the person of another, any demand or request for a ransom for the release of any kidnapped...
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