The Menace of Cyberbullying and Cyberstalking in Nigeria

INTRODUCTION

Man has been engineered to be a social being. There is the innate need to connect with other humans and their environment. Before the advent of technology, man had to make use of various means such as the use of birds, chants, stories, drawings, foot messengers, town criers, post office etc. to foster communication with friends and families beyond reach.

The emergence of modern technologies, especially that of information and communication technology (ICT) is changing the way we live our lives. The availability and easy access to these technologies such as mobile phones and computers have in many ways redirected human social interactions especially among youths. With the advent of technology, there has been an increase in global connectivity.

Global interaction has also improved tremendously because of the force of globalization channelled by the internet. This evolution has transformed the world into a global village with the seamless and free exchange of information, ideas, skills, culture, and technology. In recent times, there has been an evolution of several social platforms aiding global connectivity within the younger and the older generations world-wide. For instance, social media platforms such as Facebook, Twitter and Instagram with the aid of both visual and audio capacity have created a bridge of communication linking total strangers from various regions of the world.

The advent of technology has heralded quite a lot of advantages but along with it comes a great evil. Social media has become an integral part of communication and information sharing worldwide, including Nigeria. However, despite its benefits, social media platforms also pose risks, with cyberbullying, cyber stalking and instances of defamation emerging as a prevalent and concerning issue. Social media, a tool to foster global connectivity professionally, economically, personally and for educational growth has tremendously evolved to become a breeding ground for perpetrating ill vices which has been made possible on the cyber space by technology.

DEFINITION OF TERMS

1. CYBERBULLYING:

According to Ybara & Mitchel, Cyber bullying is defined as” a form of aggression that involves the use of information and communication technologies such as mobile phones, video cameras, email, and web pages to post or send harassing or embarrassing messages to another person.”[1]

According to Willard, Cyber bullying was described as “ it as sending threatening messages to a victim, or using digital technologies in a way that will lead to psychological and social problems for him/her”.[2]

According to Bergman & Baier, Cyber bullying was described as “being cruel to others by sending or posting harmful material or engaging in other forms of social aggression using the internet or digital technologies.”[3]

1. CYBERSTALKING:

Cyberstalking involves the use of technology (most often, the Internet!) to make someone else afraid or concerned about their safety[4]. The conduct is threatening or otherwise fear-inducing and involves the invasion of a person’s right to privacy, and manifests in repeated actions over time[5]. Section 58 of the Cybercrimes Act 2015 defines Cyber Stalking “as a course of conduct directed at a specific person that would cause a reasonable person to feel fear”.

• CYBER BULLYING AND CYBER STALKING IN NIGERIA

The past few decades have seen quite a significant growth in Information Communication Technology (ICT) and the widespread use of social media platforms. The rapid increase in the internet usage has transformed Nigerians into active participants in the recent cyberspace. Social media has become an essential tool for young people to build and enhance social connections and to learn technical skills. In our recent technologically advanced world, social media has infiltrated almost every aspect of human life.

Despite the advantages that social media offers for development, and growth for humans and the affairs of a country, its facelessness has raised serious concerns about its susceptibility to manipulation to promote violence, hate speech, misinformation, and undermine democracy. In addition, recent pessimism associated with the proliferation of social media includes its potential to exacerbate the incidence of cyberbullying, cyberstalking and defamation of character which poses emotional and psychological distress to users. In several cases across the globe, the  anguish experienced on social media platforms has led to irrational and potentially harmful decisions, including contemplating suicide.[6]

The tremendous advancements in social media offer convenience and freedom in online communication, it also gives rise to substantial challenges such as cyberbullying and cyberstalking which negatively affects individuals[7] The Internet has broken down barriers to communication, allowing anyone to be targeted by cyberbullying regardless of their status or background. The phenomenon of cyberbullying has also called into question the place of society role models in dealing with cyberbullying in empowering ways, without suppressing their own thoughts and behaviours[8], and in creating a safer online environment.

1.2 CYBER BULLYING:

Cyberbullying encompasses various forms of aggression conducted through different online platforms including via  text messages, emails, chat rooms, and social media. Social media platforms enable users to create and share content while engaging in social interaction with large or small communities.

Common examples of cyberbullying include sending abusive messages and posting inappropriate information about a person on the internet. Victims of cyberbullying repeatedly experience intentional aggression, often due to a power imbalance with the aggressor on social media[9]. To address this menace infesting our society, Nigeria has introduced a Cyberlaw, known as the Cybercrime (Prohibition, Prevention, etc.) Act 2015 (Cybercrime Act) which was recently amended in 2024. It aimed at combating these unlawful activities.[10] The enactment of the Nigerian Cybercrime Act of 2015 addresses various online criminal acts, including child pornography, cyberstalking, and cyberterrorism.

Cyberbullying is a very complex phenomenon with varying definitions. There is no universal definition. However, it is commonly described as an aggressive and intentional act carried out through electronic means, targeting a victim repeatedly over time. The use of the internet, cell phones, or other devices to send text, emails or images with the intention of hurting or embarrassing someone is also recognized as cyberbullying.

In Nigeria, Cyberbullying is defined as the use of technology to send harmful or embarrassing content[11]. Cyberbullying encompasses various behaviours, including persistent harassment through emails or texts despite the recipient’s request for no further contact. It can also involve public actions such as threats, defamation, ridicule in online forums, hacking or vandalizing online content about a person, spreading false statements to discredit or humiliate the victim, spreading rumors with the intention of inciting hatred, and disclosing personal information to defame or humiliate victims of crime.[12]

The term Cyber Stalking is sometimes used interchangeably with Cyberbullying, which is referring to conducts directed at causing fear in a specific person. While there are shared elements such as intent and repetition, scholars have not reached a consensus on the defining properties of Cyberbullying.

Cyberbullying is a detrimental consequence of technological advancement, which takes place primarily on online platforms, particularly social media.  unlike the traditional bullying which has physical elements. The absence of inhibitions in the online environment allows for rapid and widespread victimization.[13]

It is pivotal to note that Cyberbullying refers to the use of technology  and not physical actions to harass, hurt, embarrass, humiliate, and intimidate victims. It must incorporate the essential elements of bullying, including being intractable, recurring, causing harm perceived by the target, and being perpetrated via computers, phones, or other electronic devices. Cyberbullying primarily occurs among young people, but when adults are involved, it may be categorized as Cyber-harassment or Cyberstalking[14].

1.3 FORMS OF CYBERBULLYING IN NIGERIA:

Cyberbullying encompasses different ranges of behavioural patterns such as spreading rumors, making threats, engaging in sexual remarks, revealing personal information, and using derogatory labels, including hate speech. However, distinguishing between offensive expressions, hate speech, and cyberbullying can be challenging as boundaries become blurred. The evolving nature of cyberbullying, driven by new tools and methods for online attacks, adds to this complexity. Cyberbullying can take various forms such as direct cyberbullying (insulting messages) or indirect cyberbullying (rumors and fake news)[15].

Below are few forms of Cyberbullying as perpetrated by bullies in recent times:

1. OUTING

This is a form of cyberbullying that involves the unauthorized sharing of private or embarrassing information for malicious purposes. In Nigeria, outings are commonly performed using imagery and video.

2. TRICKERY

A form of cyberbullying in which the victim is deceived into revealing personal information that the cyberbully intends to share or use as a threat. In Nigeria, a common manifestation of trickery is revenge porn, which involves the leaking of sex tapes or nude pictures.

3. TROLLING AND ROASTING

These are common forms of cyberbullying that involve disruptive behaviour and deliberate provocation online. Trolling is characterized by purposefully causing discord and annoyance which is quite common on Twitter, whereas roasting entails multiple individuals attacking a single victim to humiliate them. These forms of cyberbullying often blur the line between harmless comments and harmful intentions. Interestingly, research suggests that trolling is often seen as a form of entertainment by those who engage in it.

4. VISUAL/SEXUAL CYBERBULLYING

This involves the misuse or editing of private photos to humiliate them. The act of sharing intimate or embarrassing visual content without consent falls under this category. It aims to degrade and shame victims by leveraging their personal photos.

5. VERBAL CYBERBULLYING

This includes insulting messages, hate speeches, and derogatory labels. It encompasses behaviours such as spreading rumors, threatening, engaging in sexual remarks, and using offensive language online. Verbal attacks through comments posted on the Internet are a form of verbal cyberbullying often faced by victims.

6. EXCLUSION

This is another form of cyberbullying that involves intentionally leaving someone out of a social gathering, online conversations, or specific platforms. Cyberbullies aim to inflict emotional harm through exclusion by isolating individuals and denying their participation.

7. HATE SPEECH

This is a prevalent form of cyberbullying, where bullies use derogatory language to offend their victims, based on characteristics such as race, religion, sex, or sexual orientation. It involves public expressions of animosity or disparagement of individuals or groups.

8. HARASSMENT

 This is persistent and intentional messaging via the phone or Internet.

9. FRAPING

This involves impersonating victims and posting content in their names.

1.4 CONSEQUENCES OF CYBERBULLYING:

Cyberbullying is associated with negative emotional, mental and psychological consequences, such as low self-esteem, suicidal ideation, anger, frustration, and other related problems. Research indicates that cyberbullying is linked to various real-world issues, including problems at school, anti-social behaviour, suicide, substance use, and delinquency. Despite the prevalence of cyberbullying, traditional bullying remains common all around the world. No one is spared. From the poor to the rich, from those in power to celebrities. Every human is susceptible to Cyberbullying in cyberspace.

2.1 CYBERSTALKING:

Cyberstalking involves the use of technology (most often, the Internet!) to make someone else afraid or concerned about their safety[16]. The conduct is threatening or otherwise fear-inducing and involves the invasion of a person’s right to privacy, and manifests in repeated actions over time[17]. Section 58 of the Cybercrimes Act 2015 defines Cyber Stalking “as a course of conduct directed at a specific person that would cause a reasonable person to feel fear”.

ACTS THAT AMOUNT TO CYBERSTALKING UNDER THE CYBERCRIMES ACT 2024

Section 24 of the Cybercrimes Act 2024 criminalizes cyberstalking as it relates to the following acts:

1. Knowingly or intentionally sending a message that is offensive or obscene or menacing character or causing any such message or matter to be so sent. Such 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.
2. Knowingly or intentionally sending a message that one knows to be false for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causing such a message to be sent. Such 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
3. Knowingly or intentionally transmitting or causing the transmission of any communication through a computer system or network to bully, threaten or harass another person where such communication places another person in fear of death, violence or bodily harm or to another person. Such an offender will be liable to imprisonment for a term of 10 years and/or a minimum fine of N25,000,000.00.
4. Knowingly or intentionally transmitting or causing the transmission of any communication through a computer system or network containing any threat to kidnap any person or any threat to harm the person of another, any demand or request for a ransom for the release of any kidnapped person, to extort from any person, firm, association or corporation, any money or other thing of value. Such offender will be liable to imprisonment for a term of 10 years and/or a minimum fine of N25,000,000.00.
5. Knowingly or intentionally transmitting or causing the transmission of any communication through a computer system or network containing any threat to harm the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, to extort from any person, firm, association, or corporation, any money or other thing of value. Such offender shall be liable to imprisonment for a term of 5 years and/or a minimum fine of N15,000,000.00.

PROSECUTION OF CYBERSTALKING IN NIGERIA:

1. A court sentencing or otherwise dealing with a person convicted of an offence under Section 24 (1) and (2) may also make an order, which may, for the purpose of protecting the victim or victims of the offence, or any other person mentioned in the order, from further conduct which:

(a) amounts to harassment; or

(b) will cause fear of violence, death or bodily harm; prohibit the defendant from doing anything described/specified in the order.

2. A defendant who does anything which he is prohibited from doing by an order under section 24, commits an offence and shall be liable on conviction to a fine of not more than N10,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.
3. The order made under section 24(3) may have effect for a specified period or until further order and the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order.
4. Notwithstanding the powers of the court under section 24 (3) and (5), the court may make an interim order for the protection of victim(s) from further exposure to the alleged offences.

INSTANCES WHERE CYBERBULLYING AND CYBERSTALKING WAS PROSECUTED IN NIGERIA

1. THE TIKTOK CYBERSTALKING CASE[18]

On August 2, 2023, the Federal High Court, Lagos State sentenced a Tik Toker, Okoye Blessing to three years imprisonment or a fine of one hundred and fifty thousand naira, for her actions of posting offensive and defamatory content, spreading false information about a celebrity actress named Eniola Badmus, and threatening her through various social media platforms. She was convicted on two counts; one count of conspiracy to commit cyberstalking, which is criminalized under  Section 27 of the Cybercrimes Act 2024, and one count of knowingly causing the transmission of communication via the social media platform Tiktok, Gossip Mill T.V, Remedy blog, and other social media network, which is grossly offensive, false, and to aimed at causing annoyance, inconvenience danger, insult, injury, criminal intimidation, enmity, hatred, and needless anxiety to the prejudice of Eniola Badmus which is an offense punishable under Section 24(1)(b)& (2)(a)& (c) of the Cybercrimes Act 2024

2. PROSECUTION OF A BLOGGER

A blogger was arrested for cyberstalking the former minister of works, Babatunde Raji Fashola. He allegedly posted false information about Fashola’s involvement in the drafting of a controversial verdict in the Presidential Election Petition Trial, and that the military had been sent to Fashola’s house, thereby allegedly intending to cast aspersion on the former minister. This act was condemned by the police as being a crime under Section 24 of the Cybercrime Act, 2024[19].

CONCLUSION:

Though social media has several benefits, there are proven ill vices heralded by the embrace of social media and this is now a menace in the society. The act of Cyberstalking and Cyberbullying is one that can instil great fear, inflict bodily harm and death in a person using online platforms and should be strictly prohibited by the law and frowned upon by the society.

FOOTNOTES:

[1] Ybarra, M. L. & Miltchel, J. K. (2004). Online aggressors or targets, aggressors and targets: A comparison of associated youth characteristics. Journal of Child Psychology and Psychiatry, 45, 1308-1316.

[2] Willard, N. (2014). An educator’s guide to cyber bulling and cyber threats. Retrieved from www.accem.org/pdf/cbcteducator.pdf

[3] Bergmann, M. C., & Baier, D. (2018). Prevalence and correlates of cyberbullying perpetration. Findings from a German representative student survey. International Journal of Environmental Research and Public Health, 15(2), 274. Barlett, C. P., Gentile, D. A., Anderson, C. A., Suzuki, K., Sakamoto, A., Yamaoka, A., & Katsura, R. (2014). Cross-cultural differences in cyberbullying behavior: A short-term longitudinal study. Journal of Cross-Cultural Psychology, 45(2), 300-313.

[4] Fisher, B.S., F.T. Cullen, and M.G. Turner, Being pursued: Stalking victimization in a national study of college women. Criminology & Public Policy, 2002. 1(2): p. 257-308 seen in Sameer Hinduja “Cyberstalking”, Cyberbullying Research Centre  https://cyberbullying.org/cyberstalking

[5] Spitzberg, B.H. and G. Hoobler, Cyberstalking and the technologies of interpersonal terrorism. New media & society, 2002. 4(1): p. 71-92. seen in Sameer Hinduja “Cyberstalking”, Cyberbullying Research Centre  https://cyberbullying.org/cyberstalking

[6] Adebayo, D. O., & Ningga, M. T. (2021). Relationship Between Social Media Use and Students’ Cyberbullying Behaviours in a West Malaysian Public University. Journal of Education, 1-10.

[7] Xu, Y., & Trzaskawka, P. (2021). Towards Descriptive Adequacy of Cyberbullying: Interdisciplinary Studies on Features, Cases and Legislative Concerns of Cyberbullying. International Journal for the Semiotics of Law, 34, 929-943. doi: 10.1007/s11196-021-09856-4

[8] Hackett, L. (2016). Cyberbullying and Its Implications for Human Rights. Human Rights, No. 4, Vol. LIII. Retrieved from https://www.un.org/en/chronicle/article/cyberbullying-and-its-implications-human-rights

[9] Agustiningsih, N., Yusuf, A., & Ahsan (2023). Types of Cyberbullying Experienced by Adolescents. Malaysian Journal of Medicine and Health Sciences, 19(6), 99-103.

[10] Uba, J. (2021, July 7). Nigeria: Cybercrimes And Cyber Laws In Nigeria: All You Need To Know. Olisa Agbakoba

https://www.mondaq.com/nigeria/security/1088292/cybercrimes-and-cyber-laws-in-nigeria-all-you-need-to-know

[11] Xu, Y., & Trzaskawka, P. (2021). Towards Descriptive Adequacy of Cyberbullying: Interdisciplinary Studies on Features, Cases and Legislative Concerns of Cyberbullying. International Journal for the Semiotics of Law, 34, 929-943. doi: 10.1007/s11196-021-09856-4

[12] Ifeoma, P. (2022, January 8). The Position of Nigeria’s Cyber Laws on Cyberbullying, Cyberstalking, Cybersquatting and Other Related Offences https://dnllegalandstyle.com/2022/the-position-of-nigerias-cyber-laws-on-cyberbullying-cyberstalking-cybersquatting-and-other-related-offences 

[13] Adediran, A. O. (2021). Cyberbullying in Nigeria: Examining the Adequacy of Legal Responses. International Journal for the Semiotics of Law, 34(4), 965-984. doi:10.1007/s11196-020-09697-7

[14] Irabor, B.P., & Osebor, I.M. (2022). The Moral Implications of Cyberbullying Vis-À-Vis Parental Concerns. Abraka Humanities Review, 12(1), 162-169.

[15] Iqbal, S., & Jami, H. (2022). Exploring Definition of Cyberbullying and its Forms From the Perspective of Adolescents Living in Pakistan. Psychol Stud, 67, 514-523. https://doi.org/10.1007/s12646-022-00689-0.

[16] Fisher, B.S., F.T. Cullen, and M.G. Turner, Being pursued: Stalking victimization in a national study of college women. Criminology & Public Policy, 2002. 1(2): p. 257-308 seen in Sameer Hinduja “Cyberstalking”, Cyberbullying Research Centre  https://cyberbullying.org/cyberstalking

[17] Spitzberg, B.H. and G. Hoobler, Cyberstalking and the technologies of interpersonal terrorism. New media & society, 2002. 4(1): p. 71-92. seen in Sameer Hinduja “Cyberstalking”, Cyberbullying Research Centre  https://cyberbullying.org/cyberstalking

[18] Court’s Judgment On TikToker Cyberstalking Case Against Eniola Badmus: A Step Towards Ensuring Online Safety” (Law Pavilion.com, 5 Dec, 2023) https://lawpavilion.com/blog/courts-judgment-on-tiktoker-cyberstalking-case-against-eniola-badmus-a-step-towards-ensuring-online-safety/

[19] Oluyemi Ogunseyin, “Police to arraign Ibeziem for cyberstalking, alleging Fashola wrote Tribunal judgement” (The Guardian.ng, 06 September 2023) < https://guardian.ng/news/police-to-arraign-ibeziem-for-cyberstalking-alleging-fashola-wrote-tribunal-judgement/>