10 THINGS TO KNOW ABOUT NIGERIA’S CYBERCRIME ACT 2015

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This is a high-level overview of what the
Cybercrime Act 2015 provides, and things we
should be aware of.

1. Gives the President the power to designate
certain computer systems, networks and
information infrastructure vital to the national
security of Nigeria or the economic and social
well-being of its citizens, as constituting Critical
National Information Infrastructure, and to
implement procedures, guidelines, and conduct
audits in furtherance of that. Examples of
systems, which could be designated as such,
include transport, communication, banking etc.
To find out more about what such a plan should
look like, you can check the USA’s National
Infrastructure Protection Plan here, or the
European Union’s here.
2. Prescribes the death penalty for an offence
committed against a system or network that has
been designated critical national infrastructure of
Nigeria that results in the death of an individual
(amongst other punishments for lesser crimes).
3. Hackers , if found guilty, of unlawfully
accessing a computer system or network, are
liable to a fine of up to N10 million or a term of
imprisonment of 5 years (depending on the
purpose of the hack). The same punishment is
also meted out to Internet fraudsters who
perpetuate their acts either by sending electronic
messages, or accessing and using data stored on
computer systems.
4. Makes provision for identity theft , with the
punishment of imprisonment for a term of not
less than 3 years or a fine of not less than N7
million or to both fine and imprisonment. An
example of identity fraud would be the individual
who impersonated Chief Bola Tinubu on
Facebook and was apprehended recently by the
police.
5. Specifically creates child pornography
offences, with punishments of imprisonment for a
term of 10 years or a fine of not less than N20
million or to both fine and imprisonment,
depending on the nature of the offence and the
act carried out by the accused persons.
Offences include, amongst others: producing,
procuring, distributing, and possession of child
pornography.
6. Outlaws Cyber-stalking and Cyber-bullying
and prescribes punishment ranging from a fine of
not less than N2 million or imprisonment for a
term of not less than 1 year or to both fine and
imprisonment, up to a term of not less than 10
years or a fine of not less than N25 million or to
both fine and imprisonment; depending on the
severity of the offence.
7. Prohibits cybersquatting , which is registering
or using an Internet domain name with bad faith
intent to profit from the goodwill of a trademark
belonging to someone else, or to profit by selling
to its rightful owner. Individuals who engage in
this are liable on conviction to imprisonment for
a term of not less than 2 years or a fine of not
less thanN5 million or to both fine and
imprisonment.
8. Forbids the distribution of racist and
xenophobic material to the public through a
computer system or network (e.g. Facebook and
Twitter), it also prohibits the use of threats of
violence and insulting statements to persons
based on race, religion, colour, descent or
national or ethnic origin. Persons found guilty of
this are liable on conviction to imprisonment for
a term of not less than 5 years or to a fine of
not less thanN10million or to both fine and
imprisonment.
9. Mandates that service providers shall keep all
traffic data and subscriber information having due
regard to the individual’s constitutional Right to
privacy, and shall take appropriate measures to
safeguard the confidentiality of the data
retained, processed or retrieved.
10. Allows for the interception of electronic
communication, by way of a court order by a
Judge, where there are reasonable grounds to
suspect that the content of any electronic
communication is reasonably required for the
purposes of a criminal investigation or
proceedings.
The above is just a high-level overview of certain
interesting provisions in the newly passed
legislation. The Act itself contains 43 sections,
and is a very important piece of legislation to
foster the development of the nascent ICT
sector in Nigeria. You can read the full provisions
of the Act here – CyberCrime (Prohibition,
Prevention, etc) Act 2015
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