Liability of Internet Service Providers under Nigerian Law

Society & Sustainability, 2021

Social media has been the vehicle for the dynamic progression of globalization. The purpose of social media encompasses many ends. Some of which allow for liabilities for third-party users, or in some circumstances, liabilities for Internet Service Providers. There are many complications in determining the liabilities of Internet Service Providers and third-party users. This paper examined the nature of Internet Service Providers (ISP), social media, and the activities of third-party users in Nigeria. It also interrogated the various instances where third party use of social media might affect ISP liability. This paper further explored the judicial and legal framework of some jurisdictions to see how they view the liabilities of internet service providers. The paper concluded that internet service providers should be held accountable for the content that is published on their platforms as it affects greatly the lives of concerned users offline.

INTERNATIONAL JOURNAL OF COMPUTERS & TECHNOLOGY, 2016

Cyber law deals with codified rules that govern the exchange of communication and information for the protection of intellectual property rights, freedom of speech and public access to information in cyber space. Cyber ethics on the other hand is the application of responsible behavior on the Internet. Currently in Nigeria, the Cyber Crime Act was promulgated in 2015 to tackle online offences. This paper examined the legal framework which regulates public access to information in the cyber space in Nigeria. The paper also highlights lapses inherent in Nigerian legal system. Based on the findings, the paper proffers a number of recommendations. It also observes that due to rapid development in technology, law and ethics should be combined to protect the society from the menace of cybercrime.

A critical appraisal of Domain name protection and Cybersquatting in the Nigerian Jurisprudence, 2024

With the advancement of information technology, came the emergence of the cyberspace and along with it came an increased use of websites with domain names as its unique identifier. In this rapidly evolving digital landscape, domain names have emerged as pivotal assets for individuals, businesses, and organizations, that may seek to run a website in furtherance of their business or object purpose. The increased use of websites for such purposes, has in turn given rise to the need for the effective regulation and protection of domain names. It is against this backdrop that this study then seeks to critically appraise protection of domain names and the pervasive threat of cybersquatting within the Nigerian jurisprudence. It intends to underscore the growing significance of domain names in modern society, where they serve as virtual addresses and valuable brand assets. This work equally seeks to assess the effectiveness of existing legal measures in Nigeria and provide insights for enhancing domain name protection. For this research, the doctrinal method of research was employed; making use of the primary sources of research such as case laws, statutes and policies and secondary sources such as articles, textbooks and. It also employs the use of comparative and analytical approaches of research. This method allows for a comprehensive review of Nigerian legal frameworks, international practices, and notable cybersquatting cases. Findings made during research reveal the intricacies of domain name protection in Nigeria, encompassing the strengths and weaknesses of the current legal framework. Moreover, it highlights the economic and reputational impact of cybersquatting on businesses and trademark holders. It goes on to illuminate the challenges and opportunities which surround domain name protection. Recommendations based on these findings are formulated to address the identified shortcomings in domain name protection. These recommendations encompass legal reforms to align Nigerian legislation with international standards, bolstering enforcement mechanisms, and raising awareness among stakeholders. In conclusion, this study serves as a valuable resource for policymakers, legal practitioners, and businesses operating in the Nigerian digital landscape, offering a roadmap for the enhancement of legal safeguards against cybersquatting and ultimately fostering a secure and equitable online environment.

Journal of Law, Policy and Globalization, 2015

The need to make proper legislations governing interactions in the world of technology is a contemporary issue and several nations across the globe have made serious efforts at legislating for cyberspace. Nigeria as an emerging international market and a continental leader is capable of profiting in cyberspace but has not made serious attempts at legislating for interactions therein, thus the possibility of abuse of the infrastructure is largely open. This article argues that the Nigerian legislature should make adequate legislations to govern interactions in cyberspace and attempts to point out the challenges that the legislature should advert its mind to in the course of doing same. It also attempts to draw lessons from some other jurisdictions. In discussing the challenges, this article considered issues like personal jurisdiction in cyberspace, the default state of anonymity, the constitutional guarantee of freedom of speech, the threat of cybercrime and the need to strike a bal...

Abstract The identification of Information and Communication Technology (ICT) as an essential tool for sustainable development has proved to be worth every investment in Nigeria. Unfortunately, the country's image has also suffered as a result of the nefarious activities of some Nigerians, who has turn the internet into a cheap channel for the perpetration of criminal activities, ranging from range from phishing, online trickery and the 'Advanced Fee Fraud (AFF)'popularly known as '419 spam'.

BAU Cyprus Law Journal, 2023

A computer and access to the internet are prerequisites for committing a cybercrime. We have officially entered the digital age thanks to the proliferation of ICT (Information and Communication Technology). The application of this technology has made it possible to engage in transactions involving both words and money. The proliferation of the internet and the widespread availability of technological devices have opened up not just new avenues for legitimate business but also new possibilities for criminal activity. As more and more forms of organized crime establish online presences, Internet security has become an increasingly pressing issue. Legislators have struggled to amend existing legislation to cover cybercrimes. This article confirms that Nigeria's current legislative system is insufficient to effectively regulate cybercrime. This research provides more evidence that law enforcement agencies are impotent in the face of cybercrime.

Nurudeen Ibrahim Ademola, 2024

This article presents a critical legal analysis of the Nigeria Copyright Act 2022, focusing on its groundbreaking provisions for the protection of digital and online content in Nigeria. The Act represents a significant development in Nigeria's copyright regime, introducing measures to address modern challenges associated with digital content distribution and infringement. Notably, it includes specific safeguards for authors against unauthorized use and distribution of digital materials. Key provisions analyzed include mechanisms for the removal of infringing content, the suspension of accounts of repeat offenders, and protections against the circumvention of technological safeguards. This paper examines these provisions in detail, highlighting their potential anomalies, and strengths in the protection of digital contents in Nigeria.

2017

Electronic commerce (e-commerce) is the buying, selling as well as advertisement of goods and services on the Internet. Thus, the Internet has now given birth to yet another group of consumers known as electronic consumers (e-consumers). The e-consumers are increasing in number over the years as online commercial transactions become a new way of lifestyle across the globe. Consequently, the United Nations and other international organisations made a call for the establishment of consumer institutions to ensure adequate protection of the e-consumers. This is necessary given the susceptibility of the e-consumers to deceptive and unfair trade practices. Therefore, the objective of this paper is to examine the role of the Nigerian courts in protecting the legitimate interest of the e-consumers. The paper adopts doctrinal and empirical methodologies to achieve its tasks. The paper discovers that the judicial system of protecting the rights of consumers and e-consumer in Nigeria is costly...

The rate of cyber-crime has gone up considerably in the last 10 years since the inception of the internet and digital age. There are various kinds of act which would constitute an offence in the newly promulgated cyber-crime Act, 2015 such as: unlawful access to computers, unlawful interceptions of communications, unauthorized modification of data, misuse of data, system interference, intercepting electronic messages, emails, e-money transfer, tampering with critical infrastructure, computer related fraud, computer-related forgery, among others, as offenses that are punishable under the Act. Theft of electronic devices, electronic signature, child pornography and related offences, racism and xenophobic offences are also punishable under the Act. It also provided for cyber-stalking, cyber-squatting and cyber-terrorism as offences; there are actually many valid reasons for the need of cyber-crime laws in Nigeria.