Revenge Pornography in Nigeria: A Call for Legal Response and Cyber-Censorship of Content by Internet Service Providers

2020 ◽  
pp. 1-27
Author(s):  
Ifeoma E. Nwafor ◽  
Ndubuisi Nwafor ◽  
Josiah Alozie

Abstract Revenge pornography is the online distribution of sexually uncensored images or videos of another person without consent and to cause embarrassment or torment. Victims of revenge pornography suffer significant harm, including losing jobs and, in extreme cases, committing suicide. The public blames the victim for the role they played. Rather than victim-blaming, victims deserve a takedown order and criminal liability for uploaders of such images. This study adopts a doctrinal approach; it examines key statutes and their interpretation by Nigerian courts while juxtaposing it with the law and practice in the United Kingdom. The United Kingdom was undertaken as a case study because it has a developed jurisprudence which can provide lessons for Nigeria. This study found that the current state of laws in Nigeria is ill-equipped to tackle the menace of revenge pornography. The objective of this study is to offer insights on the prevalence of revenge pornography in Nigeria and suggest legal solutions to address this phenomenon. It canvasses for a non-consensual pornography provision that would criminalise the act of revenge pornography in Nigeria. It also makes a case for cyber-censorship of contents by internet service providers and the need for third-party liability.

Author(s):  
Matthew G. Jeweler

 When Congress enacted § 230 of the Communications Decency Act ("CDA")1 it changed the landscape of defamation law on the Internet. In the eleven years since Congress passed § 230, courts have interpreted it broadly, giving seemingly complete immunity to internet service providers ("ISPs") and website operators in third-party claims for defamation committed on the Internet.2 This essay argues that today, with the Internet being the dominant medium that it is, the CDA is outdated and unfair, and should be amended or repealed in favor of the common law framework for publisher liability in defamation.3


Author(s):  
Christopher T. Marsden

This chapter examines the regulation of third party content transmitted by Internet Service Providers (ISPs), though that general term of art needs definition for the purposes of the chapter. The chapter considers in turn three aspects of the transmission of content over ISPs, though not the provision of content owned by or affiliated with those ISPs. The aspects considered are in turn:


Author(s):  
Anna Lawson ◽  
Lucy Series

This chapter explores how courts in the United Kingdom have used and interpreted the Convention on the Rights of Persons with Disabilities (CRPD) by analysing the seventy-five cases mentioning the CRPD prior to June 2016. These cases are unevenly spread—in geography and in subject matter. In a significant number of these cases, civil society organisations and equality bodies supported disabled litigants (eg through third party interventions). The Public Sector Equality Duty has been construed as giving judges very little power to use the CRPD to hold public sector bodies to account. The CRPD was used as an interpretive aid only in connection with understanding how ECHR and EU law should be understood in the domestic context—suggesting that, were ECHR and EU law no longer to be part of United Kingdom law, the CRPD would play a greatly diminished role in guiding case law in the United Kingdom.


2021 ◽  
Vol 3 (1) ◽  
pp. 1-9
Author(s):  
Alex Tolu OLAGUNJU ◽  
Olubukola Olugasa ◽  
Olalekan Moyosore Lalude

Social media has been the vehicle for the dynamic progression of globalization. The purpose of social media encompasses many ends. Some of which allow for liabilities for third-party users, or in some circumstances, liabilities for Internet Service Providers. There are many complications in determining the liabilities of Internet Service Providers and third-party users. This paper examined the nature of Internet Service Providers (ISP), social media, and the activities of third-party users in Nigeria. It also interrogated the various instances where third party use of social media might affect ISP liability. This paper further explored the judicial and legal framework of some jurisdictions to see how they view the liabilities of internet service providers. The paper concluded that internet service providers should be held accountable for the content that is published on their platforms as it affects greatly the lives of concerned users offline.


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