Cyberstalking involves the use of technology (most often, the Internet!) to make someone else afraid or concerned about their safety[1]. Generally speaking, this conduct is threatening or otherwise fear-inducing, involves an invasion of a person’s relative right to privacy, and manifests in repeated actions over time[2]. Section 58 of the Cybercrimes Act 2015 defines “cyberstalking” as a course of conduct directed at a specific person that would cause a reasonable person to feel fear.
This writer defines cyberstalking as certain acts perpetuated on the internet that may make a reasonable person feel as though a threat is being posed to his or her safety and well-being.
The foremost legislation on cyberstalking in Nigeria is the Cybercrimes Act 2015. Other legislations that may be applied to a cyberstalking matter are; the Nigerian Criminal Code and the Violence Against Persons Prohibition Act.
Acts that Amount to Cyberstalking under the Cybercrimes Act 2015
Section 24 of the Cybercrimes Act 2015criminalizes 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 [3] .
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 [4].
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[5]. Such an offender will be liable to imprisonment for a term of 10 years and/or a minimum fine of N25,000,000.00[6].
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[7]. Such offender will be liable to imprisonment for a term of 10 years and/or a minimum fine of N25,000,000.00[8]
Statutory Notes on the Prosecution of Cyberstalking
(1) A court sentencing or otherwise dealing with a person convicted of an offence under s24 (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[9].
(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[10].
(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[11].
(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[12].
Ancillary Statutory provisions on Cyberstalking
Cyberstalking can be perpetrated through many acts that are prohibited by other statutes and common law principles. In this section, we will be illuminating these provisions.
1) Compelling action by intimidation: according to s366(a) of the Criminal Code, Subject to the provisions of the Trade Unions Act, any person who, with intent to prevent or hinder any other person from doing any act which he is lawfully entitled to do, or with intent to compel him to do any act which he is lawfully entitled to abstain from doing, or to abstain from doing any act which he is lawfully entitled to do threatens such other person with injury to his person, reputation, or property, or to the person, reputation, or property of anyone in whom he is interested; is guilty of a crime and would be liable to imprisonment for one year.
2) Wilfully placing a person in fear of injury: The act of wilfully placing a person in fear of injury is prohibited under section 4 of the Violence Against Persons Prohibition Act 2015 and is punishable by imprisonment of not more than 2 years or a fine of not more than N200,000 or both. Section 4 of the act also criminalizes attempt [13], aiding, abetting or counselling[14] and receiving and assisting[15] such person after the fact of the crime.
3) Causing emotional, verbal and psychological abuse: The act of causing emotional, verbal and psychological abuse is prohibited under section 14 of the Violence Against Persons Prohibition Act 2015 and is punishable by imprisonment of not more than 1 year or a fine of not more than N200,000 or both. Section 14 of the act also criminalizes attempt [16], aiding, abetting or counselling[17] and receiving and assisting[18] such person after the fact of the crime.
4) Harassment: Section 46 of the Violence Against Persons Prohibition Act 2015 defined harassment as meaning engaging in a pattern of conduct that induces fear of harm or impairs the dignity of a person as including repeatedly sending, delivering or causing delivery of information to another person through means such as letters, telegrams, packages, facsimiles, electronic mail, text messages, or other objects to any person.
5) Intimidation: a person who intimidates another commits an offence and is liable under Section 18 of the Violence Against Persons Prohibition Act 2015, to a term of imprisonment not exceeding one year, or to a fine, not exceeding N200,000, or both. Section 18 of the act also criminalizes attempt [19], aiding, abetting or counselling[20] and receiving and assisting[21] such person after the fact of the crime.
Real-life scenarios and cases on Cyberstalking
1) The TikTok Cyberstalking case[22]. On August 2, 2023, the Federal High Court 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 – 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 (prohibition, prevention, ETC) Act, 2015, and one count of knowingly causing the transmission of communication via Tiktok, gossip mill tv, 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 (prohibition, prevention, ETC) Act, 2015.
2) 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 (Prohibition, Prevention) Act, 2015[23].
Conclusion
The act of cyberstalking, one that can instil fear in a person through the use of online platforms, is one strictly prohibited by the law, and one that, hopefully, should be met with strict disciplinary measures when brought before a court of law. This writer hopes that the statutory provisions regarding this matter will discourage incidents of cyberstalking. If you find yourself a victim of cyberstalking, contact the police and a good lawyer immediately.
[1] 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> accessed on November 29, 2023
[2] 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> accessed on November 29, 2023
[3] S24(a) of the Cybercrimes Act 2015
[4] S24(b) of the Cybercrimes Act 2015
[5] S24(2)(a) of the Cybercrimes Act 2015
[6] S24(2)(c) (i) of the Cybercrimes Act 2015
[7] S24(2)(b) of the Cybercrimes Act 2015
[8] S24(2)(c) (i) of the Cybercrimes Act 2015
[9] S24(3) of the Cybercrimes Act 2015
[10] S24(4) of the Cybercrimes Act 2015
[11] S24(5) of the Cybercrimes Act 2015
[12] S24(6) of the Cybercrimes Act 2015
[13] Section 4(2) of the Violence Against Persons Prohibition Act 2015
[14] Section 4(3) of the Violence Against Persons Prohibition Act 2015
[15] Section 4(4) of the Violence Against Persons Prohibition Act 2015
[16] Section 14(2) of the Violence Against Persons Prohibition Act 2015
[17] Section 14(3) of the Violence Against Persons Prohibition Act 2015
[18] Section 14(4) of the Violence Against Persons Prohibition Act 2015
[19] Section 18(2) of the Violence Against Persons Prohibition Act 2015
[20] Section 18(3) of the Violence Against Persons Prohibition Act 2015
[21] Section 18(4) of the Violence Against Persons Prohibition Act 2015
[22] “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/> accessed 5 December 2023
[23] 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/> accessed 5 December 2023