By Pelumi Olajengbesi Esq.
In recent times, Nigerians have had to endure and confront series of obscene display of nudes and the sharing of sex tapes on the internet. While the morality and integrity of victims and those sharing same may be subjected to public debate, it is essential that those involved in the act put the members of the public in consideration while flying such horror and indecent files on the internet as same is capable of causing damage on public decency and national morality. More importantly, it is a criminal act punishable by law.
A cursory appraisal of the extant laws in Nigeria show that the sharing of sex tapes, nudes and pornography on media is a grievous offence punishable with severe penalty under the Cybercrimes (Prevention and Prohibition) Act, 2015, the Criminal Code and 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 by means of 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 offence 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.
In the same vein, Section 170 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 misdemeanour and is liable to imprisonment for one year.
See also the provision of Section 463 of Penal Code.
From the analysis above, it is crystal clear that the sharing of indecent files on the internet or other related gadgets is an offence which the law frowns upon. Apart from the personal injury and effect on the victim, flying of same across the internet is equally capable of causing public nuisance which may result in the breach of public peace if handled lackadaisically.
In addition to this, it is imperative to understand that as Africans we hold morality and decency in high esteem and this generation of ours must act cautiously while using media and the internet in order to protect the sanity of our culture.
While appealing to users to keep national values and respect the rights of others in view at all times, we equally implore our law enforcement agencies to be up to their task in upholding the rule of law in this grey area.
Pelumi Olajengbesi Esq. is a Legal Practitioner and Managing Partner at Law Corridor, Nigeria.
Lawcorridor@gmail.com
