Over the past few weeks, the media space has been filled with tales of sex tapes linked to some of our favourite on-screen personalities.
The trend arguably started when Tonto Dikeh cried out that her ex; Mr. Kpokpogri had her nude pictures and was blackmailing her with them.
She also went on to state that he also had in his possession sex tapes of popular celebrities and specifically named – Janema!
The entertainment space was still reeling from all that when Tiwa Savage revealed that somebody had gotten hold of a clip of her having sex and was blackmailing her with it; She insisted that she refuses to cave in and would not give in to her blackmailer – not too long after, the alleged sex tape surfaced.
As expected, the said sex tape since it was released has generated a bit of commotion. Quite a lot people, have gone on to offer their two cents, mostly in form of reprimand or solidarity.
LEGALLY SPEAKING
The publication or distribution of one or more sexually explicit photos or videos of someone else, without the subject’s permission in whatever guise or reason is illegal.
Primarily, every citizen of Nigeria by virtue of Section 37 of the Nigerian Constitution 1999 (as amended) is guaranteed a right to private life and family – a right that is awfully breached by sex tape publication.
Section 24 Cybercrimes Act of Nigeria 2015 provides:
“(a) any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be so sent; or
(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 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.”
Also, Section 170 of the Criminal Code 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 obscure 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.”
At this point it is necessary to note that unwittingly, reproducers in form of bloggers, Instagram news outlets and other online content providers may become liable as accessories after the fact as they publish these images and videos.
In concluding; Morally, this new trend is worrisome and reprehensible but most importantly too, it is illegal and punishable by law.