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With Nigeria’s increasing digital engagement, especially on platforms like TikTok, Facebook, X (formerly Twitter), Instagram, and YouTube, the country’s Cybercrime Act 2015 remains a central legal framework regulating online behavior.
TJ News Nigeriareports that several Nigerians have faced arrest, detention, or prosecution under this law, especially for activities deemed as cyberstalking, defamation, or false information dissemination.
Whether you’re an influencer, blogger, activist, or everyday user, understanding what the law permits or prohibits is now more critical than ever.
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Overview of the Cybercrime Act 2015
Signed into law by former President Goodluck Jonathan, the Cybercrime (Prohibition, Prevention, etc) Act, 2015 is Nigeria’s primary legislation addressing crimes committed via the internet or electronic devices.
The law covers a broad range of offences, including:
- Identity theft and impersonation
- Cyberstalking and bullying
- Online fraud and phishing
- Distribution of child pornography
- Unauthorized access to computer systems
- Defamation and false publication
Key Offences That Affect Social Media Users
1. Cyberstalking (Section 24)
One of the most controversial provisions, Section 24, criminalizes the use of a computer or network to:
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- Send messages intended to bully, threaten, or harass someone
- Post false information about another person with intent to harm their reputation
- Send messages perceived as annoying, insulting, or offensive
Punishment: Conviction under this section can lead to up to 3 years in prison or a fine of ₦7 million, or both.
Recent Case Example: TJ News Nigeria learnt that TikTok user Gabriel “Tumma” Timothy was recently arraigned under this section for allegedly defaming actress Regina Daniels and her husband Senator Ned Nwoko.
2. Defamation and False Information
Online defamation cases are increasingly prosecuted under cybercrime laws. Sharing unverified or false claims about public figures, government officials, or private individuals can result in legal consequences.
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Social media is not a “safe zone” for slander. What you post is admissible in court and treated like print publication.
3. Phishing and Online Fraud (Section 32)
Creating fake profiles, email scams, or websites to steal people’s data or money also falls under this law. Even if it was “just a joke,” the law doesn’t excuse intent when fraud occurs.
Your Rights Under the Cybercrime Law
Despite its strict provisions, the Cybercrime Act does not override constitutional rights such as:
- Freedom of expression (Section 39 of the 1999 Constitution)
- Right to fair hearing
- Right to legal representation
However, courts have discretion to determine whether a post crosses the line between free speech and criminal conduct.
What This Means:
You can criticize, protest, or dissent, but using abusive, defamatory, or threatening language may subject you to prosecution.
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Criticisms of the Law
Many civil society organizations and digital rights advocates argue that Section 24 of the law is vaguely worded and often misused to target dissenters, journalists, and activists.
Groups like Paradigm Initiative Nigeria, SERAP, and Civic Hive have called for amendments to ensure the law is not used to stifle freedom of speech.
In 2022, the ECOWAS Court of Justice ruled that Nigeria’s Section 24 violated freedom of expression and recommended a review.
Recent High-Profile Arrests Under the Law
- Tumma (Gabriel Timothy) – TikToker charged for allegedly insulting Regina Daniels and Ned Nwoko
- Agba Jalingo – Journalist arrested for alleged defamation
- Blogger Emmanuel Ojo – Arrested for posts about a governor
- Various Twitter Users – Detained for criticizing state officials and institutions
What Social Media Users Should Do
Think Before You Post:
Avoid spreading false, defamatory, or inciting content. Double-check sources before sharing.
Avoid Personal Attacks:
Critique policies or ideas, not individuals—especially using abusive or offensive language.
Know Your Legal Rights:
If arrested or charged:
- Ask to see the court order or warrant
- Demand legal counsel
- Contact human rights organizations or media advocacy groups
Enable Online Security:
- Use two-factor authentication
- Don’t impersonate others
- Avoid sharing sensitive personal info
Proposed Reforms and the Way Forward
Nigerian lawmakers and civil society are pushing for amendments to protect digital expression while still punishing genuine cybercrime.
Digital rights experts have proposed:
- Clearer definitions of offences like cyberstalking
- Safeguards for journalists and activists
- A distinction between criminal defamation and civil libel
Until such reforms are passed, social media users must exercise caution, remain informed, and know their rights under the law.
Related TJ News Nigeria Articles:
- What You Should Know as Tinubu Signs Four New Tax Bills Into Law
- Regina Daniels Defamation Case: What We Know So Far
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