By Lagos, Nigeria- AfrikTimes interviewed Barrister Bukola Okhale, founder of Bukola Okhale & Co Legal Practitioner and a barrister with 20 years in practice, on various legal issues, including the rights and protections available to cyberbullying victims in Nigeria. She also discussed the challenges in prosecuting such cases and highlighted preventive measures that individuals and organizations can adopt to safeguard themselves against online harassment.
1. What legal rights and protections do cyberbullying victims have in Nigeria?
Cyberbullying victims can seek court protection orders to prevent further conduct by the perpetrator. Section 24 criminalizes the act of intentionally transmitting harmful information via computer system, penalties can include a sentencing of up to 10 years and/or fine of ₦25 million in some instances.
2. Can you explain the process a victim should follow to report cyberbullying to law enforcement or relevant authorities?
The first and immediate response to cyberbullying is to gather evidence, take screenshots, records, save web addresses etc. Then visit any police station to file a complaint. Provide your evidence and a detailed written statement.
3. In your experience, what are the biggest legal challenges in prosecuting cyberbullying cases in Nigeria?
One major challenge in prosecuting cyberbullying cases all over the world not just in Nigeria is the anonymity of the perpetrators. Often times, fake profiles are used to commit the crime. Other challenges include mishandling of evidence etc.
4. Are there distinct legal protection for minors who are victims of cyberbullying? If so, how effective are they?
Yes, there are some distinct considerations for minors.
The Child Right Act which protects children from all forms of abuse. It can apply to cyberbullying.
The Cybercrime Act also protects minors.
More recently the Child Online Access Protection Bill.
5. What role do Internet Service Providers and social media platforms play in addressing cyberbullying under Nigerian law?
The Internet Service Providers (ISP) have obligations to assist in detecting, preventing and reporting cybercrimes. The NITDA (National Information Technology Development Agency) also have guidelines that ISP have obligations to follow.
Platforms must inform users via terms of service not to create, publish, or share content that is harmful to children, causes physical/psychological harm, is defamatory, bullying, harassing, obscene, exploiting a child, or inconsistent with Nigerian laws.
Platforms shall mitigate the impact of harmful content and specify in community rules/guidelines how children and adults are protected from such content.
6. What preventive steps can individuals and organizations take to protect themselves legally and digitally from cyberbullying?
Advocate for stronger enforcement and support victims.
Use tools like platform reporting and legal consultation early.
Organizations should implement policies that are against cyberbullying.
Individuals should avoid sharing sensitive information and block/report harassers on the cyber space.
7. Do you think current cyberbullying laws in Nigeria are sufficient, or is there a need for stronger legislation?
Current laws such as the Cybercrime Act 2015, as amended provides a solid foundation by criminalizing key behaviors and enabling prosecutions, with some successful cases. However, they are not entirely sufficient in practice. There is a clear need for stronger, more specific legislation.
