Authorized or Unauthorized, leaking, and intentional posting of nude, sex tapes and the likes is a serious offense in Nigeria

Olajengbesi OS



INTRODUCTION:
Now trending on the internet is Esther Rachel's nude video,
Over time, we heard of Aunty Tiwa and, Oxlade among many others whose sex video, nude has been either intentionally, unintentionally, or otherwise linked to the world. This brings back a reminder that there is need to be more awareness of the laws, the strict prosecutions and enforcement of such, most importantly encouraging victims not to fall into the trap of getting extorted or blackmailed by mischievous and callous people they call lovers friends and so on. However, for no reason should you send or post such.
With the everyday proliferation of modern technology, the continuous rise in social media, and the decadence of moral society constantly faced with unprecedented challenges when it comes to privacy, coupled with the posting and distribution of explicit content on social media.
Some make this post for fun or claim it is for self-awareness and appreciation or esteem, and it eventually becomes a tool for blackmail and extortion of peoples hard earned money In Nigeria.

Inadequate prosecution of offenders and the awareness about the provision of the law on this issue can be said to have encouraged this immoral and offensive behavior by perpetrators.

Posting, leaking of sex tapes or Nude

In recent times, the continuous rise in the posting of unauthorized sex videos, nudes and its like is of a great concern. Some post it by themselves for whatever reason it may be while others are posted by partners, Exes, friends, foes, and the likes has become a significant concern, not considering the traumatic and depressing effect it could have on victims and parties. This society has been making efforts to curb this daunting behavior, particularly among young ones and celebrities.
This article looks at legal implications for both perpetrators and victims by exploring the provision of different laws in Nigeria that has been put in place to control these vices.
Starting from the bedrock of every law in Nigeria, section 37 of the Federal Republic of Nigeria Constitution 1999 as amended, the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected. A breach of the right by anyone is an outright breach of this fundamental right.

Under Nigerian law, the Criminal Code Act addresses offenses related to the distribution of explicit content. Section 170 specifically criminalizes the publication or distribution of obscene materials, including sex videos, with the intent to cause public annoyance, inconvenience, or insult of the Criminal Code Act provides;
Any person who knowingly sends, or attempts to send, by post anything which;
(b) encloses an indecent or obscene print, painting, photograph, lithograph, engraving, book, card, or article, or which has on it, or in it, or on its cover, any indecent, obscene, or grossly offensive words, marks, or designs; is guilty of a misdemeanor and is liable to imprisonment for one year.
Offenders can be prosecuted, and if found guilty, may face imprisonment for up to three years.
This section is part material to sec 463 of the penal code
Under the Cybercrimes Act, 2015 applicable in all states of the federation including FCT-Abuja, Section 24 of the Act provides thus;
(a) Any person who knowingly or intentionally sends a message or other matter utilizing 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;... commits an offense 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

A notable case pertinent to this discussion is the case of Attorney-General of the Federation V. Mr. Ayan, Mr. Ayan had threatened to post nude pictures of his ex-girlfriend, Monica Arare, on social media sometime in 2017 after the lady broke up with him.
According to the counsel, Ms. Arare, a single lady, had pleaded with Mr. Ayan, who is married with children, not to carry out his threat and he had requested ₦200,000 as a condition to rescind his decisions. Mr Ayan however went ahead to post the nude photos when the lady could not pay up the money.
Delivering his judgment, the learned Judge held that Mr. Ayan was found guilty of committing the crime after evidence made available to the court had been found as incontrovertible proof that he willfully and maliciously committed the crime.

In the same vein Apart from criminal charges, victims of sex video leaks may also seek legal remedies through tortious liability. In such cases, the victim may pursue a civil lawsuit against the perpetrators for invasion of privacy, emotional distress, defamation, or intentional infliction of emotional distress. Thus, as reported by the tribune Nigerian Artiste, Ikuforijimi Olaitan Abdulrahman, aka Oxlade has been awarded five million-naira (N5m) damages by Justice Olalekan Oresanya of an Ikeja High Court over a leaked sex tape with a woman on Snapchat a social media app.
Justice Olalekan described the action of the singer, in secretly recording explicit sex with a woman and thereafter leaking it online as despicable, horrendous, distasteful and classless.
It should be of note that a person who intentionally exposes his or her nude or sex tape to the public has committed an offense under section 26(1) of the Violence Again Persons Act 2015 (1) A person who intentionally exposes his or her genital organs, or a substantial part
Thereof, intending to cause distress to the other party, or that another person seeing it may be tempted or induced to commit an offense under this Act, commits an offense termed "indecent exposure”.
Such acts commit an offence under this section and such person who commits an offense under this section is liable upon conviction to a term of imprisonment of not less than 1 year or to a fine not exceeding N500,000 or both.

CONCLUSION:

The leaking of sex videos or posting of such in Nigeria is a serious offense that is addressed by various provisions of Nigerian law. The Criminal Code Act the Cybercrime Act and the Violence Against Persons Act play a crucial role in prosecuting offenders and deterring such unauthorized acts. Additionally, victims may seek civil remedies through tortious liability to obtain compensation for the harm caused. These legal provisions, along with relevant case precedents, underscore the importance of protecting individuals' privacy and holding perpetrators accountable for their actions.