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| Credits – hamilton-griffin.com |
While reading the papers, I
came across an article about a man who had raped a 15 year old girl, I am sure
such stories or incidents must not be entirely new to you, chances are you have
also come across it in the news before. Young unsuspecting children are taking
advantage of by adults and it’s not ok for such activities to continue as it
may damage the child forever. A lot can be done to curb the shameful act by
ensuring prosecution of alleged rapist and the rehabilitation of rape victims. The
law has however taking it a step further by providing statute against child
pornography.
came across an article about a man who had raped a 15 year old girl, I am sure
such stories or incidents must not be entirely new to you, chances are you have
also come across it in the news before. Young unsuspecting children are taking
advantage of by adults and it’s not ok for such activities to continue as it
may damage the child forever. A lot can be done to curb the shameful act by
ensuring prosecution of alleged rapist and the rehabilitation of rape victims. The
law has however taking it a step further by providing statute against child
pornography.
According
to the Cybercrime
(Prohibition Prevention) Act, 2015, child pornography includes pornographic
material that visually depicts -‐a minor engaged
in sexually explicit conduct; a person
appearing to be a minor engaged in
sexually explicit conduct; and realistic
images representing a minor engaged in
sexually explicit conduct. For the
purpose of this law, the term “child”
or “minor” means a person below 18 years.
to the Cybercrime
(Prohibition Prevention) Act, 2015, child pornography includes pornographic
material that visually depicts -‐a minor engaged
in sexually explicit conduct; a person
appearing to be a minor engaged in
sexually explicit conduct; and realistic
images representing a minor engaged in
sexually explicit conduct. For the
purpose of this law, the term “child”
or “minor” means a person below 18 years.
Child
pornography laws have existed in other legal jurisdictions for a long time and it’s
great to see it being introduced in Nigeria. The Cyber Crime Act 2015 in
Section 23 provides in subsection 1 that:
pornography laws have existed in other legal jurisdictions for a long time and it’s
great to see it being introduced in Nigeria. The Cyber Crime Act 2015 in
Section 23 provides in subsection 1 that:
“Any
person who intentionally uses any computer
system or network in or for -‐(a)
producing child pornography; (b) offering
or making available child pornography; (c)
distributing or transmitting child pornography;
(d) procuring child pornography for oneself
or for another person; (e) possessing
child pornography in a computer system
or on a computer data storage medium: commits
an offence under this Act and shall
be liable on conviction –
person who intentionally uses any computer
system or network in or for -‐(a)
producing child pornography; (b) offering
or making available child pornography; (c)
distributing or transmitting child pornography;
(d) procuring child pornography for oneself
or for another person; (e) possessing
child pornography in a computer system
or on a computer data storage medium: commits
an offence under this Act and shall
be liable on conviction –
(i)
in the case of paragraphs (a), (b)
and (c) to imprisonment for a term
of 10 years or a fine of not
more thanN20,000,000.00 or to both
fine and imprisonment; and
in the case of paragraphs (a), (b)
and (c) to imprisonment for a term
of 10 years or a fine of not
more than
fine and imprisonment; and
(ii)
in the case of paragraphs(d) and (e)
of this subsection, to imprisonment for
a term of not more than 5 years
or a fine of not more thanN10,000,000.00
or to both such fine and
imprisonment.”
in the case of paragraphs(d) and (e)
of this subsection, to imprisonment for
a term of not more than 5 years
or a fine of not more than
or to both such fine and
imprisonment.”
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| Credits – darkgovernment.com |
Furthermore,
any person who knowingly makes or sends
other pornographic images to another computer by
way of unsolicited distribution shall
be guilty of an offence and upon
conviction shall be sentenced to One
year imprisonment or a fine of
Two Hundred and Fifty Thousand Naira or
both.
any person who knowingly makes or sends
other pornographic images to another computer by
way of unsolicited distribution shall
be guilty of an offence and upon
conviction shall be sentenced to One
year imprisonment or a fine of
Two Hundred and Fifty Thousand Naira or
both.
Subsection
(3) states that any person who, intentionally proposes,
grooms or solicits, through any computer system
or network, to meet a child for
the purpose of:
(3) states that any person who, intentionally proposes,
grooms or solicits, through any computer system
or network, to meet a child for
the purpose of:
(a)
engaging in sexual activities with the
child;
engaging in sexual activities with the
child;
(b)
engaging in sexual activities with the
child where –
engaging in sexual activities with the
child where –
(i)
use is made of coercion, inducement,
force or threats;
use is made of coercion, inducement,
force or threats;
(ii)
abuse is made of a recognized
position of trust, authority or influence
over the child, including within the
family; or Child pornography and related
offences.
abuse is made of a recognized
position of trust, authority or influence
over the child, including within the
family; or Child pornography and related
offences.
(iii)
abuse is made of a particularly
vulnerable situation of the child,
mental or physical disability or a
situation of dependence;
abuse is made of a particularly
vulnerable situation of the child,
mental or physical disability or a
situation of dependence;
(c)
recruiting, inducing, coercing, exposing, or
causing a child to participate in pornographic
performances or profiting from or otherwise
exploiting a child for such purposes; commits
an offence under this Act and shall
be liable on conviction -‐
recruiting, inducing, coercing, exposing, or
causing a child to participate in pornographic
performances or profiting from or otherwise
exploiting a child for such purposes; commits
an offence under this Act and shall
be liable on conviction -‐
(i)
in the case of paragraphs (a)
to imprisonment for a term of not
more than 10 years and a fine
of not more thanN15,000,000.00; and
in the case of paragraphs (a)
to imprisonment for a term of not
more than 10 years and a fine
of not more than
(ii)
in the case of paragraphs(b) and(c)
of this subsection, to imprisonment for a
term of not more than 15 years
and a fine of not more thanN25,000,000.
in the case of paragraphs(b) and(c)
of this subsection, to imprisonment for a
term of not more than 15 years
and a fine of not more than
This law is however yet to be fully tested in courts as
it is a new legislation and not many people have been charged under its
provisions, however, it will serve as a major deterrent to anyone involved in
the business of child pornography.
it is a new legislation and not many people have been charged under its
provisions, however, it will serve as a major deterrent to anyone involved in
the business of child pornography.
Adedunmade Onibokun
@adedunmade