Buba Girl: Why sharing ‘revenge porn’ on social media could land you in jail
Whether for the purpose of blackmailing or coercing victims into complying with their demands, some individuals engage in the deplorable act of releasing explicit content of others online.
Nigeria with 31.6 million active social media users— one of the largest users in Africa—the ‘virality’ of such content has been exacerbated by the Retweet and Share buttons. Many individuals participate in propagating this content without comprehending the legal ramifications.
Hence, it comes as no surprise that the sex tapes of Nigerian TikTok influencer Esther Raphael, also known as ‘Buba Girl’, and Ugandan influencer Christine Nampeera have become trending topics in Nigeria’s cyberspace following their release on Tuesday, August 29, 2023. Numerous individuals, perhaps out of ignorance, are sharing this content, thereby potentially exposing themselves to imprisonment.
Here’s what the law says:
In Nigeria, sharing explicit content online carries significant legal consequences, including the potential for a three-year jail sentence.
The Cybercrime Act of 2015 was enacted to address a range of online offenses, encompassing explicit or obscene content, cyberbullying, and the notorious ‘Yahoo’ fraud, which has tarnished Nigeria’s reputation.
Section 24 (a) of the Cybercrime Act specifically targets the dissemination of materials considered obscene or indecent.
It states: “Any person who knowingly or intentionally sends a message or other matter via computer systems or networks that is grossly offensive, pornographic, or of an indecent, obscene, or menacing character, or causes any such message or matter to be sent, commits an offense under this Act. Upon conviction, they shall be liable to a fine of up to N7 million or imprisonment for a maximum of three years, or both such fine and imprisonment.”
Comprehending ‘Obscene’ and ’Indecent’ Content:
While in the past, some Nigerians might have shared ‘obscene’ and ‘indecent’ content for likes and retweets, without necessarily comprehending what these terms entail in legal contexts, there’s a growing concern that some might deliberately share explicit content to amass X (formerly Twitter) impressions, aiming to qualify for the platform’s compensation.
Obscene content, which typically involves sexually explicit material surpassing accepted social norms, and indecent content, implying material that is offensive, improper, or morally objectionable, fall under the jurisdiction of Nigerian law, carrying a three-year imprisonment penalty in Nigeria’s overcrowded prisons—where the population exceeds capacity by nearly 40 percent.
This raises the question: Does engaging in the sharing of such content justify the potential legal repercussions?
The trending ‘Buba Girl’ sex video isn’t the first instance of explicit content involving Nigerian celebrities being released and widely shared online, with little consequences for those who propagate such videos on their social media platforms.
From Ikuforiji Olaitan, more commonly known as Oxlade, to Tiwa Savage and Big Brother All-Star housemate Cross Okonkwo, celebrities whose explicit content has been leaked online have yet to receive justice, as many share this content without being identified or apprehended by law enforcement authorities.
While there is a public demand for new measures to ensure the apprehension of those who distribute explicit content, there is a pressing need for individuals to exercise digital responsibility.
The legal provisions outlined in the Cybercrime Act underscore the significance of responsible online conduct. As the digital landscape continues to evolve, individuals are strongly advised to exercise caution and respect when interacting with online content. This not only prevents them from running afoul of the law but also contributes to a positive online culture that upholds the rights and dignity of all users.
