CYBERBULLYING LAWS; A VIOLATION OF THE FREEDOM OF EXPRESSION OR NOT?

     

    Have you ever been bullied on the internet or any social media platform, or received hurtful texts, either by an anonymous sender or someone you recognize on the internet? Probably because of your view on an issue or because of your color?

  Since the Internet has turned the world into a global village with the free exchange of information, ideas, skills, culture, and technology, it has increased the occurrence of abuse which is otherwise referred to as "Cyberbullying".

 Study shows that one out of three internet users has experienced cyberbullying. 

 This article tends to analyze the concept of Cyberbullying and your rights against it. And if the Cyberbullying laws the freedom of expression.

             WHAT IS CYBERBULLYING?

    Cyberbullying has been defined as the "process of using the information and communication technology, to text or post images or videos intended to hurt or embarrass another person. It can occur through SMS, text, and apps, or online on Social media platforms, forums, or gaming sites where people can view, participate in or share content. It can also include sharing personal or private information about someone else's pictures or videos causing humiliation or embarrassment. 

   It has special concerns in that it can be:

 Persistent; digital devices offer an ability to continuously communicate 24 hours a day, so it can be difficult or those experiencing cyberbullying to find relief.

  Permanent; most information communicated electronically is permanent and public if not reported and removed.

   The word "Cyberbullying" is often used interchangeably with "Cyberstalking" and Section 5 of the Cybercrimes Act 2015 of Nigeria uses the word "Cyberstalking" which it defines as "any cause of conduct directed at a specific person that would cause a reasonable person to feel fear".

   Little things such as trolling, catfishing, catching trips, blatant harassment, and mistreatment of people online are neither fun nor vibes. It is Cyberbullying! A major observation is that Cyberbullying has indeed gained normalcy and many internet users engaging in it do not seem to be aware of the criminal connotation of their actions.

 IS CYBERBULLYING A CRIME IN NIGERIA?

  Cyberbullying is a criminal act and even in situations where these embarrassing pictures, text, and videos are shared without the aim of humiliating the victim, such actions can still be incriminated under other laws such as Criminal Code Act and the Penal Code Act.

  Even though it was not expressly provided for in the Cybercrimes Act, this Act criminalizes two specific forms of Cyberbullying: Cyberstalking and Racist/Xenophobic offenses which is not even sufficient to cover the various forms of Cyberbullying existing in the world today. The law prohibits information that is grossly offensive, photographic, indecent, obscene, false, or places another in fear of death, violence, or bodily harm to another person.

   Section 24(4) of the Cybercrime (Prevention & Prohibition) Act provides that a defendant who does anything which he is prohibited from doing commits an offense and shall be liable on conviction to a fine of not more than 10 million or imprisonment for a term of not more 3 years, or both.

   Section 26 of this same Act criminalizes the intentional distribution or making available of Racist/Xenophobic materials to the public through a computer system, and anyone convicted will be liable to five years imprisonment, and, or a minimum of than million fine.

   CYBERBULLYING AND ITS LAWS, A BREACH OF THE RIGHT TO FREEDOM OF EXPRESSION OR NOT?

  Freedom of speech and expression is a constitutionally granted right of a person to hold opinions and to receive and impart ideas and information without interference. 

It is provided in Section 39 of the 1999 Constitution of Nigeria (as amended). To complement the enjoyment of the rights guaranteed under subsection 1 of Section 39, Subsection 2 provides for the rights of every person, to be entitled to own, establish and operate any medium for dissemination of information, ideas, and opinions.

  In the case of Div V. African Newspaper Ltd, the Supreme Court ruled that the right to comment freely on matters of public interest is one of the fundamental rights of speech guaranteed to the individual in the Nigerian Constitution.

 It has been a controversial topic whether this right has been breached by Section 24 of the Cybercrimes Act stated above. 

 To balance that controversy, under Section 45(1)(a)(b) of the 1999 Constitution of Nigeria, it is evident that the right to freedom of speech only extends to the limit that it does not cause harm to another person. Freedom of expression is never an absolute right. The limitation as constitutionally proven includes sedition, defamation, copyright infringement secrets, censorship, perjury, and the law of contempt.

In Ukaegbu V. Nigeria Broadcasting Corporation, the Court of Appeal held that the right contained in Sections 38 and 39 of the Nigerian Constitution is not absolute and can be regulated when it comes to wireless broadcasting, television, or films.

Thus, both Sections combined imply that a person is only allowed the freedom to give his or her opinion on matters which are the truth, and would not cause damage to the victim.

 ARE CYBERBULLYING LAWS A BREACH OF THE BULLY'S OR VICTIMS' FREEDOM OF EXPRESSION?

Highlighting a culture of intolerance and disrespect towards the heterogeneity of opinion only normalizes abusive behaviors to a certain extent and sends a clear message, that it is okay to digitally attack those with a different perspective from ours. This undermines the freedom of expression that we should all have and also creates an environment in which the self-expression of others is suppressed.

    From the laws of the Cybercrimes Act and the Constitution, it is never a breach of the bully's fundamental right to freedom of expression as his expression victimizes someone else. Thus, it is a crime. 

  Rather it is a protection of the victims' freedom of expression, as they are often bullied for their opposing viewpoints on a topic or issue. 

        PROFERRED SOLUTIONS TO CYBERBULLYING 

   First of all, the Cybercrimes Act provisions for Cyberbullying are not broad enough to cover all forms of Cyberbullying, such as Mockery or trolling which need not be false, offensive, or incite fear of death or violence. So the Legislature needs to pass efficient laws to emphasize the issue of Cyberbullying. 

  The law itself is inefficient, as there are not even rampant cases of the arrest of these people initiating Cyberbullying and those who send these embarrassing videos in form of anonymous. There should be total enforcement of these laws.

  Empowerment programs should be conducted to encourage more people to seek legal aid once they are Cyberbullied.

    To prevent Cyberbullying, healthy relationships with everyone should be promoted, so that we treat each other with dignity and respect. 

       WHAT TO DO WHEN BEING CYBERBULLIED

   One out of every three active users of the Internet has been Cyberbullied. It is neither fun nor vibes. You may think you will " go with the flow" therefore it won't get to you. Cyberbullying kills, first your will, then you. It affects victims emotionally and psychologically. Victims are even twice as likely to commit suicide. 

   Here is how you can manage Cyberbullying:

Do not respond instantly, since the aim of the bully is to get you to respond emotionally and engage you in a mud fight. Do not give the bully satisfaction.

Be sensible enough that you don't have to be a Cyberbully to others to retaliate.

You could report the Cyberbully's page on any of the Social media platforms where it occurred.

Block the bully's account, so you won't receive any more harassing texts or pictures.

Keep your personal information private, and be mindful of catfish accounts (fake accounts created for the sole purpose of targeting vulnerable and susceptible people).

Try to mind your business. It's okay for someone not to agree with you. It's okay not to have an opinion or a contribution on a matter. Let people be people. Drink water and mind your business.

Do not sit on the fence. When you see that someone is being bullied, lend your voice in vilifying the bully. Don't be "leemao-ing"," smh-ing". You are only empowering the bullies that way and therefore have turned yourself into a Cyberbully which is a Criminal act.

Finally, use your emotional intelligence. Understand that those who say embarrassing and humiliating things to you are only suffering from a personality issue, one depression or another. No person who is entirely confident and has a high level of emotional intelligence goes about the internet sending defaming things to people. Know that the problem is them not you.

CONCLUSION

   This article has surveyed the meaning of Cyberbullying, what the law says about Cyberbullying, If Cyberbullying laws are a breach of freedom of expression, proffered solutions to Cyberbullying, and also what to do when being Cyberbullied. It has also been discovered that Cyberbullying is a Criminal act in Nigeria with its punishment.

 One of the best ways to avoid Cyberbullying is to maintain a healthy relationship with everyone. 

Freedom of Speech is very important to everybody, but it is meaningful if it is protected for all to benefit. 

REFERENCES

-www.researchgate.net>publication

-1999 Constitution of the Federal Republic of Nigeria(as amended)

-Cybercrimes (prevention and prohibition) Act 2015 of Nigeria.

-www.mondaq.com/nigeria/security

-www.findlaw.com/education/student

-www.turbofuture.com/internet/cyberbullying

  AUTHOR:

OGO GLADYS AMARACHI