• Cyber-security experts, lawyer shed light on consequences of defamation, online trolling

By Ngozi Nwoke

In today’s digital age, social media has become an integral part of daily life. It has bridged the gap between people and made communication easier.

However, this ease of communication has also given rise to a new form of violence, cyber-bullying and defamation of character.

Behind the anonymity of the internet, some individuals hide to spread hate, falsehoods, and malicious statements that can ruin reputations, destroy businesses, and even lead to physical harm.

In Nigeria, the problem has reached alarming levels, with many victims suffering in silence.

Take the case of a Catholic priest who has been accused of incest by a lady on Facebook. The lady alleged that the priest had been having an incestuous relationship with his sister, a claim that had been vehemently denied by the priest and his family. The priest has taken legal action against the lady, and the case is ongoing.

In another incident, a food manufacturing company is locked in a legal battle with a lady who alleged on Facebook that the company’s products are poisonous and have killed people.

The company has denied the allegations, saying they are baseless and have been made to destroy its reputation.

In another disturbing case, Gift Edem, a university student was bullied and defamed on Facebook by a course mate who created a fake account in her name and posted false allegations about her personal life.

The student reported the incident to the police and is seeking justice.

“It was a nightmare, I felt like my life was ruined,” she said. “I couldn’t concentrate on my studies, I was always anxious and worried about what people would think of me.”

The student’s experience is not isolated. A Nigerian entrepreneur was falsely accused of fraud by a former business partner who claimed he had embezzled funds from their joint venture.

The entrepreneur, who has provided evidence of his innocence, is taking legal action against his former partner.

Betty Aderonke, a young entrepreneur, shared her experience of being trolled online after she launched her new product.

“Someone created a fake Facebook account, posted lies about me and my business, and tagged all my friends and family,” she said. “It was embarrassing and caused doubts about my products. I didn’t know what to do at first, but I reported the account and worked with Facebook to have it taken down.”

These are a few examples of the many cases of online trolling and defamation that occur daily in Nigeria. Many victims are reluctant to speak out, fearing further victimisation or being ridiculed.

They highlight the need for stricter laws and enforcement to deal with cyber-bullying and defamation.

Narrating it further, cyber-security expert, Oluwananumi Dawodu emphasised the growing concern of online defamation, urging individuals and organisations to take proactive measures to protect their reputation.

“Finding the troll who made the detrimental statement is the first step in dealing with internet defamation. This can be hard, especially if the individual who made the message is anonymous, but there are several things you can do to make it easier.”

Dawodu recommended starting by examining the defamatory post closely, as trolls often inadvertently reveal their identity through their writing style. “Trolls try to hide who they are, but their writing often gives them away,” he noted.

He also suggested investigating the troll’s social media profile, as they may have left clues about their identity, adding that a lot of trolls leave clues about who they are in the information they post on their profile page.

The expert also highlighted the importance of utilising tools like IP address lookups and reverse image searches to uncover the origin of the post. “These technologies can sometimes help find out where the person who made the post is or what accounts they are linked to.”

However, he acknowledged that trolls can employ VPNs and fake profiles to evade detection. In such cases, he advised seeking the services of a professional investigator to uncover the troll’s identity.

Once the troll is identified, Dawodu stressed the importance of collecting evidence to support a claim. “Documentation is very important because it is the basis for any legal action that may happen next,” he said.

He recommended taking screenshots of the defamatory post, including the date, time, and context, as well as saving the post’s URL.

He urged individuals to consult a lawyer specialising in defamation and online law to understand their legal options and assess the strength of their case. A lawyer can assist in submitting a cease-and-desist letter, which may be enough to halt the troll and get the content taken down.

“If the troll doesn’t respond to the letter or keeps spreading lies, your lawyer will assist you in taking more legal action. A defamation lawsuit might be hard to win, but an experienced lawyer will help you navigate the process and determine the best course of action.”

Edward Kings, another Lagos-based cyber-security expert, alarmed that cyber-bullying and defamation are growing concerns in Nigeria.

“The anonymity of the internet has made it easy for people to hide behind fake accounts and spread false information. We need stricter laws and enforcement to deal with these perpetrators.”

In Nigeria, the Cybercrime (Prohibition, Prevention, etc.) Act 2015 addresses issues related to cybercrime, including online harassment and defamation.

However, victims often face challenges in seeking redress, including identifying perpetrators and gathering evidence.

Lawyers say victims of cyber-bullying and defamation should document evidence, report incidents to the authorities, and seek legal action.

Allwell Ogunka, a renowned lawyer, shed light on the laws governing online defamation in Nigeria.

He stressed: “Defamation is what it is, whether it’s committed online or otherwise. It amounts to defamation provided it is a defamatory statement, it is published, and it is published to a third party.”

Ogunka explained that defamation can either be criminal or civil, with different consequences.

“For private wrong, an injury to a person’s reputation, it is a civil (tort) defamation. The punishment is to compensate the person whose reputation has been damaged. But for criminal defamation, a public wrong, that is, a publication that is considered harmful to the society or public order, the punishment is imprisonment.”

According to Ogunka, in Nigeria, criminal defamation is governed primarily by statutory law under the Criminal and Penal Codes.

“Sections 373–381 of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria 2004 deal with criminal defamation (called “defamatory matter” in the law). It defines defamatory matter as anything likely to injure the reputation of a person by exposing them to hatred, contempt, or ridicule, or by damaging their profession or credit.”

Ogunka also highlighted the Nigerian Cybercrime (Prohibition, Prevention, etc) Act, 2024, which addresses cyber-bullying and online harassment.

“Section 24 of Nigeria’s Cybercrimes Act (as amended in 2024) criminalise sending false or “grossly offensive” online messages that cause annoyance, inconvenience, or harm, and also penalises cyber-stalking.”

The lawyer emphasised that online platforms, such as social media companies, are not automatically liable for defamatory content posted by users.

“However, if they know or are notified that a particular post is defamatory, yet fail to remove it within a reasonable time, they may become liable.”

Ogunka advised victims of online bullying and defamation to report incidents to the police or approach the court to seek redress.

“Liability depends on knowledge, control, and response. Courts would likely apply the common law principle of innocent dissemination on a case-by-case basis.”

Similarly, another lawyer, Tina Ibeabuchi, explained, “We have laws in place to protect individuals from defamation, and online platforms are not exempt. Victims should not suffer in silence. They should speak out and seek justice.

“As social media continues to shape our lives, Nigeria needs to take online trolling and defamation seriously. The government, law enforcement agencies, and online platforms must work together to create a safe online environment.”

As the cases of cyber-bullying and defamation continue to rise in Nigeria, the Nigeria Police Force (NPF) has sent a clear message to perpetrators: no form of online misconduct will be tolerated.

In a bid to curb the menace, the police have made it clear that actions such as “raining direct curses on someone online” constitute cyber-bullying and are punishable under the Cybercrimes Act of 2015.

Both cyber-bullying and defamation are considered criminal offences, and the Nigerian Police Force National Cybercrime Centre (NPF-NCCC) is actively investigating and arresting individuals for offences like criminal defamation, cyber-stalking, and the publication of falsehoods online.

The police have consistently urged Nigerians to use social media platforms responsibly to avoid legal repercussions.

While online offences are covered by the Federal Cybercrimes Act, it’s worth noting that simple “criminal defamation” under the old Criminal Code is no longer an offence in Lagos State’s specific law since a 2011 reform.

In general, the police treat cases of online trolling and defamation seriously when a formal complaint is made, often leveraging the Cybercrimes Act to prosecute offenders.

With the police taking a tough stance on online misconduct, it’s time for Nigerians to think twice before hitting the keyboard