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Introduction
With mobile phones becoming more and more intelligent and cameras being included as a standard feature on most models, sharing images has never been so quick and easy. This has led to an increase in people sharing intimate or pornographic images with their partners or ex-patners via social media, text and other instant messaging services without their consent. This is known as revenge ponography or non-consentual pornography.
Section 24(1) of the Cyber Crimes Act 2015, defines revenge porn as intentionally sending a message or by other means of computer network that is grossly offensive, pornographic or of indecent or menacing character.
The California Penal Code 647(j)(4) defines the concept of revenge porn more broadly as "intentionally distributing the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress." It may include images taken during the course of an intimate relationship (including images you took of yourself and shared with the intent to keep them private)Hidden recordings; images stolen from electronic devices (phones, computers, tablets, etc.)
British Professors of Law Erika Rackley and Clare McGylnn im their article titled "Image Based Sexual Abuse" featured on the Oxford Journal of Legal Studies, opined that image based sexual abuse be used instead of revenge porn.
In Nigeria, this act is common young adult. According to Safeline.org , reported cases of revenge porn have increased significantly in 2015 and 2016. Leaked images most times are usually accompanied by name, address, place of work and other sufficient information of victims. According to the Cyber Civil Rights Initiative, as many as 90 percent of victims are women.
Effects
The effect of revenge porn can be disastrous. The possession of the material may be used by the perpetrators to blackmail the victims into performing other sex acts (sextortation), victims are also exposed to cyberstalking, discrimination and name shaming. Some other victims have lost their job, position and education. In 2019 Babcock University rusticated its student whose sex tape was leaked online. Consequently, victims of revenge pornography suffer from mental effects such as depression, withdrawal, low self-esteem, and feelings of worthlessness.
Punishment and remedies
Victims of revenge porn may seek remedy in criminal or civil law.
A number of jurisdiction have passed legislations criminalizing revenge porn and Nigeria is not an execption. The Criminal Code Act and the Cyber-crimes (Prohibition, Prevention) Act 2015 are Nigerian laws that have criminalized revenge porn.
Section 170 of the criminal code act provides;
Any person who knowingly sends, or attempts to send, by post anything which;
(a)encloses anything, whether living or inanimate, of such a nature as to be likely to injure any other thing in the course of conveyance, or to injure any person; or
(b) encloses an indecent or obscene print, painting, photograph, lithograph, engraving, book, card, or article, or which has on it, or in it, or on its cover, any indecent, obscene, or grossly offensive words, marks, or designs; is guilty of a misdemeanour and is liable to imprisonment for one year.
Although some have argued that this section when literally interpreted applied only to message sent by post and cannot apply to revenge porn, it should be noted that the criminal code was enacted before the internet became prominent in Nigeria.
However, Section 24(1) Cyber Crimes Act of 2015, laid to rest the controversies sorroundoing section 170 of the Criminal Code, as the issue of revenge porn was covered and anyone found guilty of revenge porn under the Cyber Crimes Act, 2015 is liable of a fine of not more than #7,000,000 or term of not more than 3 years or both.
In AG Federation v Ayan Olubunmi (FHC/AD/17c/2017), the accused was found guilty of Section 24(1) of the Cyber Crimes Act, 2015 was sentenced to two years in prison and a fine N500,000 for posting nude pictures of his ex-lover, Arare Monica, on Facebook. Ayan had threatened to post nude pictures of his ex-girlfriend, Monica, on social media sometime in 2017, when the lady informed him she was no longer interested in the relationship. According to the prosecution, victim who was already married with children pleaded with Ayan not to such act after he asked for N200,000 as inducement for him to rescind his decision. Ayan had, however, posted the nude pictures of Monica as he threatened when the lady could not give him the money he demanded.
"I find this act of the convict highly disgraceful, very despicable and barbaric to say the least. He has behaved true to the saying that hell knows no fury than a lover 's scorn. I must say that the defendant who has a wife and children at home could find it easy to demean and embarrass a woman who was having an amorous affair with him. It is an act of meanness to attempt to, if he has not already tarnished the image and reputation of Asare Monica"- Justice Taiwo in AG Federation v Ayan Olubunmi
Justice Taiwo also lamented that who made the law that issued a punishment of N7 million and three years' jail term to persons guilty of such crimes as it did not make provisions for compensation for the victim. The Administration of Criminal Justice Act of 2015, however, provides that in criminal proceedings or while passing a judgement, the court can order an offender to pay compensation to any person injured by the offence. Section 319
Victims of revenge porn can also seek remedy in civil law. Victims can sue for breach of right to privacy, intentional infliction of emotional distress, defamation ,copyright infringement(According to Wikipedia, 80% of victims took the pictures or recording themselves, this makes them have copyright over them) . in the American case of Jane Doe v David K. Elam (case number 2:14-cv-09788) the victim was awarded $3 million in compensatory damages, $3 million in punitive damages and $450,000 for copyright infringement
In another case, an Australian court in the case of Wilson v Ferguson, the defendant shared sexual images and videos of the plaintiff on social media. The Court decided that the publication of “explicit images of a former partner which had been confidentially shared between the sexual partners during their relationship” constituted a breach of an equitable obligation of confidence. The Court granted an injunction prohibiting further publication and awarded equitable compensation to the plaintiff. The defendant was found liable for A$48,404 in damages.
Protection for victims
Unlike Monica and some other victims that have gotten justice, many victims of revenge porn may not be brave enough to approach the judiciary for justice because of the conservative and judgemental nature of the Nigerian society. There is need for the judiciary to protect the interest of victims of revenge porn and make justice readily available and accessible to them( special department in the ministries of Justice should be created for the purpose of revenge porn cases). In conclusion, it is imperative that the identify of victims of revenge porn who seek justice ,be protected during and after proceeding to avoid any form of victimization.
