Introduction
In Nigeria’s efforts to address digital crimes in the modern era, the Cybercrimes (Prohibition, Prevention,
Etc) Act 2015, often known as the Cybercrimes Act, is a noteworthy legal milestone. The legislation,
which was passed in response to the growing threats posed by cybercrimes, attempts to safeguard
people, businesses, and the nation’s digital infrastructure. We will evaluate the main points and
ramifications of the Cybercrimes Act 2015 in this Article.
Overview of the Cybercrimes Act
The Cybercrimes Act was signed into law by former President Goodluck Jonathan in May 2015. It
provides a legal framework for the prevention, prohibition, and punishment of cybercrimes in Nigeria.
The act acknowledges the importance of protecting digital systems, data, and the rights of individuals
online while addressing the threats posed by cybercriminals.
Key Provisions of the Cybercrimes Act
- OFFENCES
Child pornography and abuse – Section 23 of the Cybercrimes Act 2015 makes it an offence for any one
using computer system or network to engage in child pornography or engage in sexual activities of a
child who is below the age of 18 years in any computer system or network. Offenders shall be liable
upon conviction to imprisonment for a term of not more than 5 years or a fine of not more than
N10,000,000.00 or to both such fine and imprisonment.
Cyber terrorism – Section 18 of the Act makes it an offence for any person to access or cause to be
accessed any computer or computer systems or networks for purposes of terrorism. The punishment for
this offence is life imprisonment.
Racist and xenophobic offences – Section 26 of the Cybercrimes Act 2015 makes it illegal for anyone
using a computer system to make racist and xenophobic comments online. Offenders shall be liable on
conviction to imprisonment for a term of not more than 5 years or to a fine of not more
thanN10,000,000.00 or both such fine and imprisonment.
Identity theft and impersonation – section 22 of the cyber crimes act makes it illegal for a computer
user to fraudulently impersonates another entity or person, living or dead.
Cyber bullying/harrasment – section 24 of the Cyber crimes act makes it an offence for anyone using a
computer system to bully or harrass someone else online. An offender 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.
Causing someone’s nude pictures or videos to be released online – section 24 of the Cybercrimes Act
2015 makes it illegal to for a person to 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. An offender 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.
These just highlights some key offences and it does not appear to be an exhaustive one. The offenses
contained in the Cybercrimes Act 2015 encompasses a wide range of activities, making it comprehensive
in addressing digital crimes.
- Penalties : The act prescribes penalties for various cybercrimes, ranging from fines to imprisonment.
For example, unauthorized access to computer systems can result in a fine of up to ₦10 million or
imprisonment for a term not exceeding 5 years. - Jurisdiction: Section 50 of the Act confers jurisdiction over offences committed under the Act on the
Federal High Court. The action may be commenced in any Federal High Court in Nigeria regardless of
where the cause of action arose. This same section also gave the act an extraterritorial jurisdiction
clause, allowing Nigeria to prosecute cybercrimes committed outside the country if the perpetrator is a
Nigerian citizen or the victim is a Nigerian. - Data Protection : The Cybercrimes Act includes provisions related to data protection, imposing a duty
on organizations to protect personal data and report data breaches to relevant authorities. - Investigation and Enforcement : It grants law enforcement agencies the authority to investigate and
prosecute cybercrimes, ensuring that cases are handled effectively.
APPRAISAL OF THE CYBERCRIMES ACT
- Comprehensive Legislation : The Cybercrimes Act is comprehensive, covering a wide range of digital
offenses. This is essential as cybercrimes continue to evolve, and new forms of digital criminality
emerge. - Extraterritorial Jurisdiction : The act’s extraterritorial jurisdiction clause is a significant advantage in
addressing transnational cybercrimes. It allows for the prosecution of Nigerian citizens involved in
cybercrimes abroad. - Data Protection : The act’s focus on data protection aligns with global trends in data security and
privacy. It underscores the importance of safeguarding personal data in an increasingly digital world. - Challenges : While the act is a vital step in the right direction, challenges exist in its enforcement.
Adequate funding, capacity building, and the need for a coordinated approach are essential for effective
implementation. - Balancing Rights : It’s crucial to strike a balance between addressing cybercrimes and protecting
individual rights and freedoms. Care must be taken to prevent overreach or misuse of the act to curtail
freedom of expression or access to information.
Conclusion
Nigeria’s dedication to fighting cybercrimes in the digital age is shown in the Cybercrimes (Prohibition,
Prevention, Etc.) Act 2015. It offers a legislative framework for dealing with online crimes in a thorough
manner. However, effective implementation is dependent on a number of factors, including the ability
of law enforcement and the defence of citizens’ rights. The legislation must change to meet new issues
and preserve the values of justice, privacy, and freedom in the digital age as cybercrimes continue to
develop. This article doesn’t seem to be an exhaustive one; it just summarises the main points of the
Act. It is intended that the Act would play a significant role in the administration of justice, since it has
been eagerly anticipated in the Nigerian criminal judicial system.
