Know The Law: Leaking sex tapes could get you jailed for three years

The frequency of leaked sex tapes on social media platforms is on the rise — and celebrities are mostly at the receiving end.

In October 2021, a sex tape featuring Tiwa Savage, an award-winning Nigerian singer, surfaced on the internet — a development that stirred diverse reactions.

Prior to the release of the sex tape, the ‘Koroba’ singer had alleged that some people were in possession of a video of her intimate moment with a lover, adding that they were attempting to extort money from her.

Recently, the sex tape of Ikuforiji Abdulrahman, the Nigerian singer better known as Oxlade, surfaced online after it was reportedly leaked via Snapchat.

Days later, the singer apologised to his fans over the leaked sex tape, while attributing the incident to “betrayal”.

In the wake of the Oxlade sex tape, conversations on the position of the law on such matters have resurfaced, with many wondering how to take legal action if ever found in such a situation.

POSITION OF THE LAW

Under the Cybercrime (Prohibition, Prevention etc) Act 2015, it is a criminal offence to post pornographic content or leak sex tapes on the internet.

Offenders risk a fine of not more than N7,000,000, three years imprisonment or both — fine and imprisonment.

Section 24 of the Cybercrime Act 2015 states that: “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 or matter to be so sent.

“(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.”

IS THERE A LEGAL PRECEDENT

In October 2018, Ayan Olubunmi, a married man, was arraigned for posting nude pictures of Arare Monica, his former lover, on Facebook.

Counsel to the attorney-general of the federation told the court that Olubunmi had earlier threatened to post the nude pictures of Monica on social media in 2017 when the lady told him she was no longer interested in their relationship.

In its judgment, the federal high court in Ekiti state sentenced Olubunmi to a two-year jail term with a fine of N500,000.