The rise of digital technologies and social media platforms has brought unprecedented opportunities for communication, self-expression, and connectivity in Nigeria. However, with these benefits have come new challenges, particularly in the form of cyberbullying and online harassment. In recent years, these issues have grown into significant societal problems, affecting children, teenagers, and adults alike. Victims of cyberbullying face psychological and emotional distress, with some cases even resulting in tragic consequences. This raises a critical question: Do current Nigerian laws provide adequate protection against cyberbullying and online harassment?
Understanding the Challenge: Cyberbullying and Online Harassment
There is no universally accepted definition of cyberbullying and online harassment, and the terms are often used interchangeably. However, they encompass similar elements with some distinctions. Cyberbullying typically involves using digital technologies to repeatedly intimidate, harm, or belittle someone, especially through social media, messaging platforms, or online forums. It often targets individuals based on their age, gender, race, or personal vulnerabilities, creating long-lasting emotional damage.
Online harassment, on the other hand, is a broader term that includes more forms of abuse, such as online stalking, revenge porn, doxxing (publishing private or sensitive information without consent), and impersonation. It can be persistent, often using the anonymity afforded by digital platforms to perpetuate malicious activities.
The Impact of Cyberbullying and Online Harassment in Nigeria
The effects of cyberbullying and online harassment can be devastating, leading to severe mental health issues, emotional trauma, and, in extreme cases, suicide. The anonymity and permanence of the internet mean that victims often find themselves facing unrelenting abuse, which can lead to long-term consequences. For children and teenagers, cyberbullying can result in social isolation, low self-esteem, depression, and poor academic performance. Adults are not exempt either; many have been victims of defamation, revenge porn, and organised online campaigns aimed at discrediting or humiliating them.
Social media has seen several high-profile cases of cyberbullying, especially against women and public figures. For example, a 17-year-old boy in the United States committed suicide due to cyberbullying in the form of sextortion, highlighting how the emotional toll of these acts can push victims to drastic actions. These incidents underscore the urgent need for comprehensive legal protections to curb the menace of cyberbullying and harassment.
Legal Frameworks to guard against cyber bullying
Nigeria’s primary legislative framework for addressing online offences is the Cybercrimes (Prohibition, Prevention, Etc.) Act of 2015 as amended in 2024. However, one critical observation is that the Act does not explicitly provide for the offences of cyberbullying or online harassment. Instead, these offences are lumped under the broader crime of cyberstalking.
Section 23 of the Cybercrimes Act specifically addresses child pornography, while Section 24 covers cyberstalking, which is broadly defined as persistent unwanted attention or harassment facilitated through digital channels. It criminalises sending offensive, pornographic, or threatening messages via electronic means with the intent to cause annoyance, anxiety, fear of death or bodily harm
Beyond the Cybercrimes Act, other ancillary laws address offences that could be classified as cyberbullying and online harassment:
The Violence Against Persons (Prohibition) Act 2015 (VAPP Act): This law addresses various forms of violence and abuse but does not explicitly cover digital abuse or online harassment. For instance:
Section 4 of the VAPP Act 2015 provides for the offence of a person who willfully or knowingly places a person in fear of physical injury
Section 14 of the act criminalises the act of causing emotional, verbal and psychological abuse on another
The Child Rights Act, 2003: This legislation protects children from all forms of physical, emotional, and psychological abuse. However, the Child Rights Act, like many other older laws, does not explicitly address digital harms such as cyberbullying. This creates challenges in applying its provisions to cases of online harassment involving minors.
Limitations in the Law: Gaps in Protecting Victims
Several significant gaps in the existing legal framework limit the effectiveness of Nigeria’s response to online harassment and cyberbullying:
Lack of Clear Definitions: The absence of clear definitions for cyberbullying and online harassment complicates enforcement and leaves room for inconsistent interpretation. Even the definition of cyberstalking in the Cybercrimes Act is vague, referring to it as a course of conduct directed at a specific person that would cause a reasonable person to feel fear. However, the Act fails to adequately explain what constitutes “bullying” or “harassment,” leading to legal confusion. Without clear definitions, it can be difficult for law enforcement and judicial authorities to effectively prosecute offenders.
Insufficient Protection for Minors: Unlike some jurisdictions that have specific laws addressing cyberbullying against minors, Nigerian laws do not adequately consider the vulnerabilities of children, who are disproportionately targeted in cases of online bullying.
Privacy and Free Speech Considerations: Efforts to strengthen laws against online abuse must balance protections for victims with the constitutional right to free speech. The broad language of the existing law raises concerns about potential misuse to suppress free expression or dissent.
Jurisdictional and Technological Challenges: The global nature of the internet poses jurisdictional challenges, especially when cyberbullying involves perpetrators located in different countries. Tracking and prosecuting such offenders can be difficult due to the anonymity offered by digital platforms and the lack of international cooperation.
Efforts and Initiatives: Current Steps in Combating Cyberbullying and online harassment
Despite the challenges, various stakeholders in Nigeria are taking steps to address cyberbullying:
Awareness Campaigns: Non-governmental organisations (NGOs) such as the Safer Internet Nigeria project and Cybaware Hub are actively promoting awareness about the dangers of cyberbullying and the importance of digital literacy.
Educational Programs: Schools are increasingly incorporating lessons on digital safety and responsible online behaviour into their curricula to empower students to protect themselves from online harassment.
Partnerships with Tech Companies: Collaborations with social media platforms are essential in developing quick reporting and take-down mechanisms for harmful content.
While these initiatives are vital, legal reforms are necessary to back these efforts with a strong legal framework that effectively deters online abuse.
Moving Forward: Strengthening Legal Protections
To combat the growing issue of cyberbullying, Nigerian lawmakers must consider the following measures:
Enact Specific Legislation on Cyberbullying: A dedicated law addressing cyberbullying and online harassment, with clear definitions and targeted protections for minors, should be enacted. Such a law would provide more focused guidance for law enforcement agencies.
Improve Law Enforcement Capabilities: There is a pressing need to train law enforcement personnel in digital forensics and cybercrime investigation. This would enable them to better track, investigate, and prosecute cases of digital harassment.
Establish Reporting Channels and Support Systems: Victims need accessible, anonymous reporting mechanisms to file complaints without fear of reprisal. Additionally, counselling and psychological support services should be made available for victims of online abuse.
Promote Digital Literacy and Public Awareness: The government, in collaboration with civil society, should implement nationwide campaigns to educate the public on responsible online behaviour and recognizing signs of cyberbullying.
The Role of Parents, Educators, and Digital Platforms
While legal reforms are crucial, combating cyberbullying also requires proactive efforts from parents, educators, and digital platforms. Parents should foster open communication with their children and monitor their online activities without being overly intrusive. Educators should play a pivotal role in teaching digital etiquette and empathy to students, helping them understand the impact of their online behaviour.
Digital platforms, on their part, must take greater responsibility for curbing online harassment. This includes implementing advanced content moderation tools, enforcing strict community guidelines, and providing users with clear reporting and support options.
Conclusion
Combating cyberbullying requires a collective effort involving lawmakers, law enforcement, educators, parents, and digital platforms. While Nigeria has made strides in addressing online harassment through laws like the Cybercrimes Act, existing legislation remains inadequate in providing comprehensive protections for victims. Legal reforms, public awareness campaigns, and proactive measures from digital platforms are essential to ensuring that Nigeria effectively addresses the menace of cyberbullying and creates a safer digital environment for all.
Ultimately, with comprehensive legal protections, public awareness, and coordinated action, Nigeria can effectively tackle cyberbullying and online harassment, safeguarding its citizens especially the most vulnerable from the dark side of the digital age.
Olamiposi Fasina is a legal practitioner based in Lagos State.
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