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Cyberstalking in Nigeria: An Exploratory Study of Section 24 of the Nigerian Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024

  • Ifeoma E. Nwafor

摘要

The increase in internet use, interconnectivity, and affordability of data have intensified online harms, including cyberstalking on social media platforms and online generally. Victims of cyberstalking suffer severe harm, such as mental health issues, long-term psychological trauma, stigmatisation, depression, low self-esteem, job loss, fear and suicide. The Nigerian Cybercrime (Prohibition, Prevention, Etc.) Act of 2015 made cyberstalking a crime under section 24 of the Act. However, the Economic Community of West African States Court of Justice ruled that section 24 (1) the Cybercrime Act of 2015 violates the right of freedom of expression and information. This paper evaluates the argument that the Cybercrime Act of 2015 violates free expression, a fundamental human right in the Nigerian Constitution vis-a‑z the Nigerian Cybercrime (Prohibition, Prevention, Etc.) (Amendment) 2024. The findings reveal that the repealed provisions of section 24 of the Nigerian Cybercrime Act do not clearly define the offence of cyberstalking or stipulate the parameters or elements of the offence. Although, the amended provisions of section 24 make some improvement in protecting freedom of expression in Nigeria it does not fully ensure digital rights and press freedom. This paper canvasses for the further reform of section 24 of the Cybercrime Act to align with the constitutional rights of Nigerian citizens and offers recommendations for better protection for victims of cyberstalking in Nigeria.