UNDERSTANDING CYBERBULLYING IN THE EYES OF THE LAW
The advancement in science and technology has today led man into a journey of a digitalized world and a decentralized system of governance. The proliferation of crimes can be attributed to the uncultured and decentralized system occasioned by easy access to technology and the internet. However, the enormous advantages, scientific contributions and technological advancements in recent times cannot be quantified even though crimes such as identity theft, cyberbullying cyberstalking,…internet fraud are increasing exponentially.
In today’s civilization, where magnified percentage of man’s activities are carried out on social space, social interactions often unfold online, the phenomenon of cyberbullying has emerged as a pressing issue calling for immediate attention of all stakeholders. Unlike traditional bullying, which occurs in physical spaces, cyberbullying manifests through digital platforms—spanning social media, texting, gaming, and various online forums. The anonymity and easy reach of the internet can amplify the effects of bullying, making it a serious concern for individuals of all ages. This article explores the complexities of cyberbullying, examining its definition, implications, relevant laws, and the legal remedies available to victims. By shedding light on this issue, we aim to humanize the statistics and emphasize the importance of legal and societal responses to cyberbullying.
DEFINING CYBERBULLYING
Because of the complex nature of the crime, Cyberbullying has no all-encompassing definition. Cyberbullying is typically defined as the use of digital technologies to harass, threaten, or harm others. Cyber bulling 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 larger or small communities. Since many have come to the realization of making money through the number of engagements, the crime has been on the increase, as in other to drive traffic, there must be a catching topic. Many have also become part of this crime without knowing by sharing these hatful and defamatory comments without verifying the authenticity of information posted. The Nigeria government in other to cutdown this menace has in 2015 introduced a cyberlaw, known as the Cybercrime (Prohibition, Prevention, etc.) Act which was recently amended in 2024.
Cyberbullying is a detrimental consequence of science and technological advancement, which takes primarily on online platforms, particularly various social media platforms. In all, cyberbullying is cyber-harassment, that is, it involves the use of technology and not the conventional physical actions to harass, hurt, embarrass, humiliate, and intimidate victims.
FORMS OF CYBERBULLYING
Cyberbullying is a global problem that needs urgent attention and intervention as many victims ended up taken the wrong approach or reaction. It encompasses different unhealthily behaviours patterns such as spreading tales, making threats and using derogatory statements, and hateful speech. This can lead many victims into depression, suicidal thought and taken laws into their own hands. The following are inter alia the forms of cyberbullying:
- HARASSMENT
This involves sending repeated, aggressive messages intended to intimidate or distress the victim. It can occur through social media posts, text messages, or comments on various platforms. For instance, a victim might receive a barrage of hateful messages over several days, leading to emotional distress.
- OUTING
Outing is the act of revealing the sexual or gender identity of a person. This form of cyberbullying involves the untheorized sharing of a private or an embarrassing information for malicious purposes. In Nigeria, outing is commonly performed using imagery and video of the victim.
- TRICKERY
This is a form of cyberbullying in which the victim is tricked or deceived into revealing personal information that the cyberbully intend to share or use as a threat or blackmail. This in Nigeria has been on the increase as many Nigerians have been victims to this menace. It involves the leaking of the information such as sex tapes or nude pictures gotten from the victim for either blackmail or damaging the victim’s public name and this lead to humiliation.
- IMPERSONATION/FRAPING
Impersonating someone online to damage their reputation or relationships is a common tactic in cyberbullying. Bullies might create fake profiles or hack existing accounts to post embarrassing content, misrepresenting the victim and manipulating their online presence.
- SEXUAL CYBERBULLYING
This the act of sharing intimate or embarrassing visual content without the knowledge of consent. The aim of this act is to degrade and shame the victim by leveraging on their personal photos, tapes and videos.
- DOXXING
Doxxing refers to the act of publicly revealing private information about someone without their consent, often to incite harassment. This can include sharing personal addresses, phone numbers, or other sensitive data, leaving victims vulnerable to real-world consequences.
- EXCLUSION
Intentionally excluding someone from online groups or conversations can lead to feelings of isolation and rejection. This form of cyberbullying can be particularly damaging in school environments, where social dynamics are crucial to a student’s experience.
CONSEQUENCIES OF CYBERBULLYING
One of the end points of victims of cyberbullying is its associate negative emotional, mental and psychological consequences, such as suicidal ideation, low self-esteem, pain, anger, frustration, and other problems. The psychological impact of cyberbullying can be profound, leading to anxiety, depression, and in extreme cases, suicidal thoughts. Victims often feel powerless, as the harassment follows them into their personal spaces, business place, blurring the lines between public and private life.
THE LEGAL FRAMEWORK
In Nigeria, the principal legislation on cyberbullying is the Cybercrime (Prohibition, Prevention, and Enforcement) Act, of 2015 which was recently amended in 2024. Section 24(1) of the Act, prior to its recent amendment made it an offense to send a message via a computer system that was “grossly offensive, pornographic or of an indecent, obscene or menacing character” or to send a message or cause any such message or matter to be so sent; or to send a message, knowing it to be hateful, and shameful. It provides thus:
(1) Any person who knowingly or intentionally sends a message or other matter by means
of computer systems or network that –
(a) is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be so sent; or
(b) he 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 causes such a message to be sent: commits an offence under this Act and 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) Any person who knowingly or intentionally transmits or causes the transmission of any communication through a computer system or network
(a) 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;
(b) 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, Cyberstalking.to extort from any person, firm, association or corporation, any money or other thing of value; or
(c) 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: commits an offence under this Act and shall be liable on conviction-
(i) in the case of paragraphs (a) and (b) of this subsection to imprisonment for a term of 10 years and/or a minimum fine of N25,000,000.00; and
(ii) in the case of paragraph (c) and (d) of this subsection, to imprisonment for a term of 5 years and/or a minimum fine of N15,000,000.00.
(3) A court sentencing or otherwise dealing with a person convicted of an offence under subsections (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.
(4) A defendant who does anything which he is prohibited from doing by an order under this section, 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.
(5) The order made under subsection (3) of this section 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.
(6) Notwithstanding the powers of the court under subsections (3) and (5), the court may make an interim order for the protection of victim(s) from further exposure to the alleged offences.
As earlier mentioned, cyberbullying is a global menace as such each various jurisdiction enacts laws to cover its space. While there is no comprehensive law addressing cyberbullying specifically, several laws both in and outside jurisdiction provides a foundation for protecting individuals from online harassment.
CONSEQUENCIES OF CYBERBULLYING
For those affected by cyberbullying, several avenues for seeking legal recourse exist. Some of the remedies available to victims of cyberbullying are:
- Reporting to Authorities
Victims should document incidents of cyberbullying and report them to local law enforcement, especially if threats are made. Law enforcement can investigate and potentially bring criminal charges against perpetrators. This step can be crucial in establishing a formal record of the harassment.
- Civil Litigation
Victims may pursue civil lawsuits against their harassers for claims such as defamation or intentional infliction of emotional distress. Successful lawsuits can result in monetary compensation for the emotional and psychological harm caused by the bullying.
- Restraining Orders
In severe cases, victims can seek restraining orders to legally prohibit their harasser from contacting them. This can provide an essential layer of protection, allowing victims to reclaim their sense of safety.
CHALLENGES IN ADDRESSING CYBERBULLYING
Despite the existing legal framework, significant challenges remain in effectively combating cyberbullying:
- Anonymity
The anonymity afforded by the internet can make it difficult to identify perpetrators, hindering legal action and accountability. This anonymity often allows bullies to act without fear of immediate consequences, complicating efforts to hold them responsible for their actions.
- Jurisdiction Issues
Cyberbullying often crosses state lines, raising complex questions about which laws apply and complicating enforcement. Victims may feel lost navigating a patchwork of regulations, making it challenging to seek justice.
- Evolving Technology
The rapid evolution of technology and social media means that tactics used by cyberbullies are constantly changing. Legal frameworks struggle to keep pace with these developments, making it challenging to address emerging threats effectively.
- Emotional Toll on Victims
Beyond the legal complexities, the emotional toll on victims can be profound. Many individuals face anxiety, depression, and a sense of isolation as a result of cyberbullying. Support systems, both legal and emotional, are essential in helping victims navigate these challenges.
Cyberbullying is a serious issue that can have devastating effects on individuals and communities. As we continue to navigate our digital landscape, it is crucial for lawmakers, educators, and society as a whole to work collaboratively to combat this form of harassment. While legal protections exist, understanding the nuances of cyberbullying and the human experiences behind it is essential in fostering a culture of respect and accountability online.
Victims of cyberbullying need to know they are not alone and that there are resources and legal avenues available to help them seek justice. As technology advances, our commitment to creating safe and supportive online spaces must remain steadfast, ensuring that everyone can navigate the digital world without fear of harassment or abuse.
Creating awareness and fostering conversations around the topic of cyberbullying is vital. Educational programs that address the impact of online harassment, combined with strong legal frameworks, can help empower victims and reduce the prevalence of cyberbullying. Communities must work together to cultivate empathy and respect in both online and offline interactions, ultimately creating safer environments for all individuals.
By addressing cyberbullying comprehensively—through education, legislation, and community support—we can strive to ensure that the internet remains a space for positive connection rather than a platform for harm.
