The Legal Implications of Social Media Use in Nigeria: Privacy and Security

INTRODUCTION

In Nigeria, the advent of social media has revolutionized communication, social interaction, information conducting business and engaging in public discourse. The convincing use of social media platforms creates symbolic legal implications concerning Privacy and Cybersecurity.

Additionally, social media has become a plenary part of daily life for millions of people across Nigeria. Nigerians use social media to connect with friends and family as well as promote their products and services. Individuals and organizations also rely on some social media platforms for personal and professional purposes, and this has raised Legal concerns. It has become very crucial to understand the Legal framework governing the use of social media and the obligations they encompass because it is multifaceted and continues to emerge in response to technological advancements.

In this context, this exploration delves into the intersection and connection of social media use, Privacy and Cybersecurity in Nigeria, identifying key regulations and legal considerations that can reform digital interaction in Nigeria.

Glory Akinola (Research Assistant)

The aim of this article is also to provide an extensive understanding of the legal implications associated with social media use in Nigeria and accentuate the importance of digital interaction in Nigeria.

DEFINITION OF TERMS

SOCIAL MEDIA

Social Media refers to the means of interactions among people in which they create, share, and/or exchange information and ideas in virtual communities and networks. [1]

Social Media is also a broad category or genre of communications media that occasions or enables social interaction among groups of people, whether they are known to each other or strangers, localized in the same place or geographically dispersed. It includes new media such as newsgroups, MMOGs, and social networking sites.[2]

Kaplan and Haenlein (2010) defined social media as a group of Internet-based applications that are built upon the ideology and technology of Web 2.0 and allow the generation and exchange of its contents. They refer to Internet-based social websites like Facebook, WhatsApp, X/Twitter, Instagram, LinkedIn etc. which allow users to interactively communicate with one another.[3]

1.2 PRIVACY

Privacy generally is the protection of personal data from those who should not have access to it and the ability of individuals to determine who can access their personal information. A person also can determine for themselves when, how, and to what extent personal information about them is shared with or communicated to others. This personal information may include one’s name, contact information, location, etc.[4]

1.3 CYBERSECURITY

Cybersecurity is the practice of protecting internet-connected systems such as hardware, software, and data from cyber threats. Individuals, organizations, and enterprises use it to protect against unauthorized access to data centres and other computerized systems.[5]

2.1 SOCIAL MEDIA USE IN NIGERIA

According to Global Digital Insights, “Nigeria was home to 31.60 million social media users in January 2023, equating to 14.3 per cent of the total population. A total of 193.9 million cellular mobile connections were active in Nigeria in early 2023, with this figure equivalent to 87.7 per cent of the total population. There were also 31.60 million social media users in January 2023.”[6]

Social Media use in Nigeria has experienced notable advancement over the years in Nigeria. Social media platforms like Facebook, WhatsApp, Instagram, YouTube, LinkedIn, X/Twitter, Snapchat and so on are universally used by both individuals and organizations for communication, to stay updated on the news, to connect with new people, promote business ideas and engage in social, economic, and political discussions within Nigeria and across the globe.

Despite the positive impact of social media use in Nigeria, some challenges are associated with social media use in Nigeria. Challenges such as cyberbullying, spread of misinformation, online harassment, incitement to violence and so on. However, efforts are being made to address these challenges by creating awareness campaigns, regulations and increased digital literacy for the users.

The use of social media in Nigeria has immensely helped in creating opportunities for digital entrepreneurship to impact people to be able to launch their businesses and monetize their skills.

3.1 THE LEGAL IMPLICATION OF SOCIAL MEDIA USE IN NIGERIA

The legal implication of social media use in Nigeria alludes to the possible legal consequences or effects that can arise from how we use social media platforms. In Nigeria, the legal implications of social media use vary depending on factors such as jurisdiction, the social media platform’s terms of service and the contents posted. Some of these legal issues include defamation, cyberbullying, cyber theft, copyright infringement, privacy violations and so on.

However, users of social media need to be mindful of what they post or share online to avoid legal repercussions when using social media.

Nigeria has laws such as that address the use of social media and its issues. The Cybercrime (Prohibition, Prevention, etc) Act 2015 provides for the prohibition, prevention, detection, response, investigation and prosecution of cybercrimes and other related matters. This Act also ensures the protection of Critical National information infrastructure and promotes cybersecurity and protection of computer systems and networks, electronic communications, data and computer programs, intellectual property and privacy rights.[7] This Act criminalizes a wide range of cyber activities like hacking, identity theft, cyberbullying, harassment, online fraud, spreading false information, phishing, cyberstalking, authorized access to computer systems and so on. Misuse of social media platforms for these purposes can lead to legal consequences. This Act also establishes penalties for offences carrying fines, imprisonment or even both. Furthermore, this Act empowers the Law Enforcement Agencies to investigate and prosecute cybercrimes effectively.

Social media users can be held liable for defamation if they make false and damaging statements about individuals or organizations on social media. Defamation laws in Nigeria can both be civil or criminal, which protects individuals and organizations from defaming statements made on social media platforms. Section 373 of the Criminal Code defines defamation “as any matter likely to injure the reputation of any person by exposing him or her slander (d, contempt or ridicule or likely to damage any person in his profession or trade by injury to his or her reputation”.[8] Likewise, Section 391 of the Penal Code Act also defined Defamation as “whoever by words either spoken or reproduced by mechanical means or intended to be read or by signs or by visible representations makes or publishes any imputation concerning any person, intending to harm or knowing or having reason to believe that the imputation will harm the reputation of that person, is said, except in the cases hereinafter expected, to defame that person.”[9] Defamation can be categorized as slander (written defamation) and libel(spoken defamation) and the law in Nigeria allows individuals and organizations to take legal actions against anyone who publishes false and damaging statements that harm their reputation and individuals found guilty can face the wrath of the law.

The Nigerian Constitution and distinct statutes provide for the protection of the Privacy rights of individuals. The Nigerian Data Protection Act, 2023 (NDPR), 2019, issued by the National Information Technology Development Agency (NITDA), governs the collection, processing, and storage of personal data in Nigeria. This Regulation provides guidelines for the processing of personal data and ensures that the privacy rights of individuals are upheld. Unauthorized disclosure of personal information on social media platforms can lead to legal action under these laws. Social Media users must adhere to the regulations guiding the collection and sharing of personal information and use of social media in Nigeria. On 14^th June 2023, The Nigerian Data Protection Act, 2023 was signed into law. This Act provides a legal framework for the protection of personal information and to safeguard the fundamental rights freedoms and interests of data subjects as guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (as amended). This Act also establishes the Nigeria Data Protection Commission (NDPC).[10]

The Nigerian government has enacted laws to address hate speech, demeaning words, and incitement to violence. Section 3.0.2.1 of the Nigeria Broadcasting Code prohibits the broadcast of content that contains hate speech or incites violence. It provides that, “No broadcast shall encourage or incite to crime, lead to public disorder or hate, be repugnant to public feelings or contain offensive reference to any person or organization, alive or dead or generally be disrespectful to human dignity.” Section 3.0.2.2 of the NBC code also provides that, “Hate speech is prohibited therefore, a Broadcaster shall not transmit any programme, programme promotion, community service announcement or station identity, which is likely, in any circumstance, to provoke or perpetuate in a reasonable person, intense dislike, serious contempt or severe ridicule against a person or groups of people because of age, colour, gender, national or ethnic origin, disability, race, religion or political learnings”. This section mandates broadcasters must ensure that their programming promotes national unity and does not contain content that could lead to violence or promote discrimination based on ethnicity, religion or other factors.[11] Violations of these regulations can result in sanctions or penalties imposed by the National Broadcasting Commission Act.[12]

Nigerian Copyright Act, 2022 also protects original works of authorship, including artistic, musical, and literary works. Posting and sharing copyrighted materials without the permission of the Copyright holder on Social Media platforms can constitute Intellectual Property Rights infringement. The users of social media can be subject to legal action for violating copyright laws. Copyright holders also have the right to pursue legal remedies against infringers, including seeking damages and injunctions. [13]

The Nigerian Government has proposed various regulations aimed at monitoring and controlling social media platforms. For instance, on 5^th November 2019, the Nigerian Senate (National Assembly) proposed the social media Bill, to regulate Social Media Use to curb the spread of fake news, hate speech, and other forms of misinformation. Compliance with these regulations, if enacted, would be essential to avoid legal consequences for both the users and the social media platform providers. The title of the bill is “Protection from Internet Falsehood and Manipulation Bill”, 2019, which criminalizes the use of social media in peddling false or malicious information.[14]

Generally, social media users in Nigeria should be mindful of these legal implications and adhere to relevant laws and regulations, exercise caution in their online activities and to be aware of these legal implications.

4.1 THE LEGAL IMPLICATION OF SOCIAL MEDIA USE IN NIGERIA: PRIVACY AND CYBERSECURITY

Privacy and Cybersecurity are vital when discussing the legal implications of Social Media Use in Nigeria. The collection, storage, and misuse of personal data by social media platforms, leading to potential breaches of privacy rights have raised concerns in Nigeria. For instance, the Nigerian Data Protection Regulation 2019, aim to safeguard individuals’ personal information, imposing obligations on social media companies to protect user data and ensure consent for its use.[15] Cybersecurity threats like identity theft, phishing scams, and so on, aggravate the risk associated with social media and the users of social media must prioritize cybersecurity measures.

4.2 PRIVACY

Privacy within the Legal implications of social media use in Nigeria encompasses the right of individuals to control their personal information online, including data protection laws, regulations governing the collection, use and sharing of personal data by social media platforms and the responsibility of users to respect the privacy of others.

Social media platforms have their terms of service, privacy policies and privacy settings, once one posts something online, it is in most cases impossible to control who sees it, however, some laws guide and protect individuals’ privacy rights. When one uses these social media platforms, one agrees to their terms and conditions, which may involve sharing certain information with third parties or advertisers. It is always a good idea to review and understand these policies before using social media. It is also very essential that one is aware of and understands one’s rights and responsibilities when using social media in Nigeria.

The 1999 Constitution of the Federal Republic of Nigeria recognizes the right to privacy as a fundamental human right under Section 37 which provides that, “The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”

Regulatory bodies like the Nigerian Data Protection Regulation (NDPR), 2019, were enacted to regulate the processing of personal data in Nigeria.[16] The NDPR applies to all organizations that collect, process, or store personal data and establishes principles for the lawful processing of personal information, including transparency, purpose limitation, data minimization, and security safeguards. It applies to data controllers and processors, including social media platforms, and outlines principles for the lawful processing of personal data with the National Information Technology Development Agency (NITDA) and implements measures to protect users’ privacy. The NITDA oversee compliance with data protection regulations and enforces penalties for non-compliance. NITDA is also responsible for implementing and enforcing the NDPR, conducting audits, and investigating data breaches. This includes appointing Data Protection Officers, conducting data protection impact assessments, and ensuring the security of personal data.[17] The NDPR requires that personal data is collected and processed fairly and lawfully, without excessive or unnecessary collection. Data controllers must communicate the purposes for which data is being collected and ensure it is only used for these purposes. One of the fundamental principles of data protection is to obtain consent from individuals before collecting, processing, or disclosing their personal information. Social media platforms must ensure that the consent should be specific that is, the users should understand what is being collected, why it is being collected, and how it will be used.

Social media platforms collect various types of personal data including users’ names, email addresses, contact information, browsing history, location, photos, posts, likes, and comments. This data is often used for targeted advertisement, content personalization and other purposes. NDPR requires that this data be collected and processed fairly and lawfully and for explicit and legitimate purposes. Social media platforms are saddled with the responsibility of implementing adequate technical and organizational security measures to protect users’ data from unauthorized access, disclosure, alteration or destruction. This includes encryption, access controls and regular security audits. In the event of a data breach, social media platforms are required to promptly notify affected users and the Nigerian Data Protection Commission (NDPC) following the Nigerian Data Protection Regulation (NDPR). [18]

Social media platforms often share users’ data with third-party entities, such as advertisers, app developers, researchers, and other entities. The sharing must be done with the users’ consent and for legitimate purposes. The Nigeria Data Protection Act, 2023 (NDPA) mandates that data controllers enter into data processing agreements with third parties to ensure that personal data is handled in compliance with data protection regulations.[19] This Act requires a Data Controller to enter into a contract (i.e. a third-party data processing contract) with a third party (Third-Party Processor) where it engages that third party to process the Personal Data obtained from Data Subjects on its behalf.[20] Users should have control over how their data is shared with third parties.

Social media users or individuals generally have certain rights regarding their data, including the right to access, rectify, erase, and restrict the processing of their information.[21] Social media platforms must provide users with mechanisms to exercise these rights easily, such as through user account settings or dedicated request forms. Data controllers are required to respond to data subject requests within a reasonable timeframe and free of charge, except in cases of manifestly unfounded or excessive requests. If social media platforms transfer users’ data outside Nigeria, they must ensure that adequate safeguards are in place to protect the data under Nigerian Law. This may include using standard contractual clauses, binding corporate rules, or obtaining user consent for the transfer.

The NDPA empowers the NDPC to enforce compliance with data protection regulations and impose penalties for the violation of these regulations. Penalties for non-compliance may include, fines, sanctions, legal actions against the social media platforms and orders to cease processing of personal data. In cases of grievous breaches of privacy or data protection laws, affected individuals may also have the right to seek legal redress through Nigerian courts.[22]

Social media users should be aware that information shared on social media platforms may become public, even if they have privacy settings enabled. Therefore, they should exercise caution when sharing sensitive personal information and regularly review their privacy settings to control who can access their data.

Overall, privacy in Nigeria is protected by a combination of legal frameworks such as constitutional provisions, data protection laws, and so on. These legal frameworks, principles and regulations are aimed at protecting individuals’ data from authorized access, misuse, and disclosure. Social media platforms should uphold users’ privacy rights and comply with data protection laws to avoid legal repercussions. The legal frameworks also help to promote trust and confidence in the use of technology.

4.3 CYBERSECURITY

Cybersecurity in this context involves addressing the legal implications of utilizing online platforms while safeguarding individuals’ privacy, data, and rights in compliance with the Nigerian laws and regulations. It also refers to the measures and protocols put in place to protect individuals, organizations and the broader digital ecosystem from cyber threats and risks associated with the use of social media. This involves ensuring compliance with Nigerian laws and regulations governing online activities, safeguarding personal data, preventing cybercrime, and mitigating legal liabilities related to the use of social media in Nigeria. It also encompasses some aspects such as data privacy, cybercrime legislation, intellectual property rights, defamation and libel laws, adherence to user agreements and terms of service, incident response and reporting, as well as promoting cyber security awareness and educationamong social media users in Nigeria.

Nigeria has enacted the Cybercrime (Prohibition, Prevention, etc.) Act of 2015 which criminalizes various online activities including hacking, identity theft, phishing, and cyberstalking. This involves conducting regular audits and assessments in compliance with the Cybercrime Act and other relevant cybercrime laws. To comply with the cybercrime legislation, it is important to implement robust cybersecurity measures such as firewalls, intrusion, detection systems, and anti-malware solutions, to prevent unauthorized access and cyberattacks. It is also important to ensure collaboration with law enforcement agencies, such as the Nigerian Police Force and the Economic and Financial Crimes Commission (EFCC), to combat cybercrime activities targeting social media use. Nigerians should be educated, trained, and given awareness on the use of social media to give them insights about common cyber threats and cybercrime preventive measures. Advanced threat detection and response security solutions, such as Security Information Event Management (SIEM) systems help to proactively identify and mitigate cyber threats in social media platforms. It also helps to recognize and address potential security threats and vulnerabilities before they have a chance to disrupt business operations.[23]

Social media users in Nigeria must be aware of and respect intellectual property rights, including copyright and trademark laws when sharing and posting content online. Cybersecurity measures involve implementing strategies to prevent the unauthorized use or distribution of copyrighted materials and trademarks on social media platforms, thereby reducing the risk of legal disputes and liabilities related to intellectual property infringement.

Cybersecurity encompasses efforts to mitigate the risk of defamation and libel arising from false and harmful statements shared on social media platforms. This involves providing users with guidance on how to differentiate between an opinion and a fact when posting content on social media (i.e., implementing content moderation strategies that strike a balance between freedom of expression and the prevention of harmful speech, including defamation and libel). Developing a user-friendly reporting mechanism that allows social media users to flag and report offensive or abusive content for review by social media platform administrators is essential in ensuring cybersecurity. Cybersecurity measures involve promoting responsible social media conduct, fact-checking information before sharing, and understanding the legal consequences of defamatory remarks under Nigerian defamation laws.

Social media users must comply with the terms of service and users’ agreement of the social media platforms they use. Cybersecurity efforts familiarise oneself with these agreements, understand users’ rights and responsibilities, and ensure adherence to platform policies to avoid account suspension or legal action for violating terms of service.

In the event of a cybersecurity incident or data breach involving the use of social media use, individuals and organizations must have an incident and comply with legal requirements for reporting such incidents to relevant authorities, such as the Nigerian Communication Commission (NCC) or law enforcement agencies. It also involves developing comprehensive incident response plans that outline roles, responsibilities, and escalation procedures for responding to cybersecurity incidents affecting social media platforms. When there is a data breach in the use of social media, it is very important to conduct regular tabletop exercises and simulation drills to test the effectiveness of incident response plans and improve incident handling capabilities. This also includes establishing clear communication channels and protocols for reporting security incidents to users, regulatory authorities, law enforcement agencies, and other relevant stakeholders. It is also important to maintain detailed incident logs and records to support post-incident analysis, forensic investigation, and compliance with legal reporting requirements.

Promoting cybersecurity awareness and education initiatives is critical to empowering social media users in Nigeria to recognize potential risks, protect their personal information, and understand their legal rights and obligations when using online platforms. Organizing cybersecurity awareness campaigns, training sessions, materials, resources, and workshops targeted at social media users to educate them about common cyber threats, the best practices for staying safe online and to promote responsible social media use. This also involves collaborating with educational institutions, government agencies, and industry partners to integrate cybersecurity awareness and digital literacy into school curricula and professional development programs. It is important to develop interactive online resources, such as webinars, podcasts, and e-learning courses, to raise awareness about cyber threats, privacy risks and online safety practices. To ensure cybersecurity awareness, leveraging social media platforms and online communication channels to disseminate cybersecurity awareness messages and engage with diverse audiences across Nigeria is also very important.

Cybersecurity aims to foster a secure and legally compliant environment for engaging with social media platforms while mitigating potential legal risks and protecting users’ rights and interests. It also involves a comprehensive approach to protect users’ privacy, data, and legal interest while promoting responsible online behaviour and compliance with relevant laws and regulations.

CONCLUSION

In conclusion, addressing the legal implications of social media use in Nigeria, particularly concerning privacy and cybersecurity, underscores the need for comprehensive measures to protect individuals’ rights, data, and online safety. As social media platforms continue to serve as integral communication channels and avenues for expressions and sources of information, it is imperative to address the legal ramifications associated with their usage.

Privacy concerns arise due to the vast amounts of personal data shared on social media platforms, necessitating adherence to data protection regulations such as the Nigeria Data Protection Regulation (NDPR). Cybersecurity threats, including hacking, identity theft, and phishing attacks, pose significant risks to users’ privacy and data security, emphasizing the importance of robust cybersecurity measures.

To effectively navigate these legal implications, stakeholders must prioritize data privacy and cybersecurity through various initiatives. This includes implementing encryption, access controls, and data anonymization techniques to safeguard personal information, as well as complying with cybercrime legislation to prevent unlawful activities online.

Furthermore, collaboration among government agencies, law enforcement, industry players, and civil society is crucial to advocate for legislative updates, share threat intelligence, and enhance cybersecurity resilience. Additionally, promoting cybersecurity awareness and education initiatives can empower users to protect themselves online and understand their rights and responsibilities.

Ultimately, by addressing the legal implications of social media use in Nigeria through a multifaceted approach encompassing privacy protection and cybersecurity measures, social media platforms can create a safer and more secure digital environment for all users, while upholding individuals’ rights to privacy and online saf

[1] https://communications.tufts.edu/marketing-and -branding/social-media-overview/

[2] https://www.oxfordreference.com/display/10.1093/oi/authority

[3] Kaplan, A.M. and Haenlein, M (2010), Users of the World, Unite! The Challenges and Opportunities of Social Media, Business Horizons, Vol. 53 No.1, pp.59-68

[4] https://www.cloudflare.com/learning/privacy/what-is-data-privacy/

[5] https://www.techtarget.com/searchsecurity/definition/cybersecurity/

[6] https://datareportal.com

[7] Cybercrimes (Prohibition, Prevention, etc.) Act 2015

[8] Section 373 of The Criminal Code Act in Nigeria

[9] Section 391 of The Penal Code Act in Nigeria

[10] The Nigeria Data Protection Act

[11] The Nigerian Broadcasting Code

[12] The National Broadcasting Commission Act LFN 2004 N11

[14] Protection from internet Falsehoods and Manipulation and other related matters Bill 2019

[15] The Nigerian Data Protection Regulation (NDPR) 2019

[16] https://ndpc.gov.ng