Prank videos, skits risk privacy, defamation lawsuits — Lawyers

Legal practitioners in Abuja have said that pranksters and skit makers in Nigeria face significant legal risks, including potential imprisonment and civil liability, if their content constitutes defamation.

‎In an interview with the News Agency of Nigeria (NAN), Miss Fyafa Ismailu, a legal practitioner in Keffi said that unauthorized recording of individuals in prank videos violated provisions of the Nigerian Data Protection Act.

‎She said that the act required consent before collecting or processing personal data, including video recordings.

‎“Secretly recording individuals in public can be considered a breach of the right to privacy,” she said.

‎Ismailu also said that skit making fell under short film production regulated by the National Film and Video Censors Board.

‎The lawyer said that the Cybercrimes (Prohibition, Prevention,) Act 2015 made provision for additional legal backing by criminalizing cyberstalking, harassment, impersonation and online defamation.

‎She said that any act that infringed on the rights of another person, including unauthorized videography or photography, was actionable under the Nigerian law.

‎Another legal practitioner, Mrs FD Gwom, also told NAN that prank content became problematic when individuals were filmed without consent, stressing that privacy rights remained protected under the Nigerian law.

‎“The risk lies in infringing on others’ right to privacy. Filming people without permission is an actionable cause of action meaning you can sue anyone who does it,” she said.

‎She explained that laws on defamation, hate speech and public morality applied equally to skit creators, adding that freedom of expression did not permit abuse of individual rights.

‎“Comedy is legal, but once it becomes defamatory or incites violence, action can be taken against the violator,” Gwom said.

‎She added that although skit makers were not specifically captured under any tax law, income generated from digital content remained taxable under personal income tax provisions.

‎The lawyers were in agreement that there was no clear regulation for skit making or prank videos in the Cybercrimes (Prohibition, Prevention etc.) Act.

‎They, however, maintained that under Section 24 of the act, there was punishment for harmful conduct carried out through digital platforms which prank or skit content might fall into if it violated people’s rights.

‎Section 24 imposes penalties ranging from up to 3 years’ imprisonment or N7 million fine for offensive or false messages.

‎It also prescribes up to 10 years imprisonment or a minimum of N25 million fine for serious threats, cyberstalking, or extortion, with additional penalties for violating court orders.

‎The lawyers noted that while stricter regulation may be necessary, it must not stifle the fast-growing digital creative economy.

‎They called for responsible content creation and respect for consent to avoid legal disputes. (NAN)