Citation

Nwafor IE, Nwafor N, Alozie J. Afr. J. Leg. Stud. 2020; 13(2): 103-129.

Copyright

(Copyright © 2020, Africa Law Institute, Publisher Brill Academic Publishers)

DOI

10.1163/17087384-12340061

PMID

unavailable

Abstract

Revenge pornography is the online distribution of sexually uncensored images or videos of another person without consent and to cause embarrassment or torment. Victims of revenge pornography suffer significant harm, including losing jobs and, in extreme cases, committing suicide. The public blames the victim for the role they played. Rather than victim-blaming, victims deserve a takedown order and criminal liability for uploaders of such images. This study adopts a doctrinal approach; it examines key statutes and their interpretation by Nigerian courts while juxtaposing it with the law and practice in the United Kingdom. The United Kingdom was undertaken as a case study because it has a developed jurisprudence which can provide lessons for Nigeria. This study found that the current state of laws in Nigeria is ill-equipped to tackle the menace of revenge pornography. The objective of this study is to offer insights on the prevalence of revenge pornography in Nigeria and suggest legal solutions to address this phenomenon. It canvasses for a non-consensual pornography provision that would criminalise the act of revenge pornography in Nigeria. It also makes a case for cyber-censorship of contents by internet service providers and the need for third-party liability. © Koninklijke Brill NV, Leiden, 2020.

Language: en

Keywords

Internet service providers; Cyber laws; Cyber-censorship; Cybercrime; Revenge pornography; Right to be forgotten