15 points to note about latest cybercrime act, how it affects you

The latest cybercrime legislation in Nigeria is the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act 2024, signed into law on February 28, 2024, by President Bola Tinubu, amending the 2015 Cybercrimes Act. Below are 15 points highlighting key provisions of this amended Act and their impact on content creators in Nigeria, based on available information and the context of the creative economy. These points reflect both the legal framework and practical implications for content creators, such as social media influencers, journalists, bloggers, and videographers.

1. Revised Cyberstalking Provisions: The Act amends Section 24, previously criticized for targeting journalists and activists, to refine the definition of cyberstalking. It now focuses on intentional, harmful online behavior, but vague wording still risks misapplication against creators posting critical or satirical content, leading to potential arrests or self-censorship.
2. Penalties for Cyberstalking: Offenders face up to 3 years imprisonment or a fine of ₦7 million (approx. $4,300 in 2025) for cyberstalking. Content creators must avoid content that could be interpreted as defamatory or harassing to steer clear of legal repercussions, especially when engaging in political or social commentary.
3. Unauthorized Recording as an Offense: The Act makes it an offense to record conversations without consent, with penalties including fines or imprisonment. Creators producing podcasts, interviews, or skits must secure explicit permission to avoid legal challenges, complicating spontaneous content creation.
4. Cybersecurity Levy Controversy: A proposed 0.5% levy on electronic transactions to fund cybersecurity (suspended in May 2024 after public outcry) could have increased costs for creators relying on digital payments for monetization. If reintroduced, it may raise operational expenses for platforms and creators.
5. Mandatory Traffic Routing: Section 41 now requires public and private organizations to route internet and data traffic through Security Operations Centres (SOCs) and a national Computer Emergency Response Team (CERT). This centralization could enable surveillance, prompting creators to be cautious about sensitive content to avoid government scrutiny.
6. Hacking and Data Misuse Penalties: Section 6 strengthens penalties for unauthorized access to computer systems (up to 5 years imprisonment or ₦5 million fine) and data misuse (up to 7 years or ₦7 million). Creators must secure their accounts and avoid using pirated software or tools that could be seen as hacking aids.
7. Content Removal Obligations: Platforms are required to cooperate with law enforcement to remove illegal content, such as fraud or defamation. Creators risk content takedowns or account suspensions if their posts are flagged, even erroneously, affecting visibility and revenue.
8. Surveillance Concerns: Section 38 allows law enforcement to access traffic data and subscriber information without explicit court warrants, raising privacy risks. Creators, especially investigative journalists, may face surveillance, discouraging exposés or critical reporting.
9. Child Protection Measures: The Act retains strict penalties for child pornography (up to 10 years or ₦20 million fine). Creators producing family or youth-oriented content must ensure compliance with age-appropriate standards to avoid misinterpretation or legal action.
10. Defamation Risks: The Act criminalizes spreading false information or defamatory content online, with penalties up to 3 years imprisonment. Creators engaging in humor, satire, or commentary must verify facts to avoid lawsuits or arrests, particularly when targeting public figures.
11. Platform Policy Enforcement: Platforms like TikTok and Meta have removed millions of Nigerian accounts for policy violations (e.g., 2 million TikTok accounts in 2024). Creators face stricter moderation, requiring adherence to both platform rules and the Act to maintain account integrity.
12. Low Public Awareness: Many Nigerians, including creators, are unaware of the Act’s provisions, such as prohibitions on cyberbullying or unauthorized content distribution. This lack of awareness increases the risk of unintentional violations, necessitating education for creators.
13. Impact on Creative Freedom: The Act’s enforcement, combined with platform crackdowns, fosters self-censorship. Creators, especially TikTokers and journalists, may avoid controversial topics (e.g., politics, religion) to evade legal or platform penalties, limiting creative expression.
14. Copyright Synergy: The Act complements the Copyright Act 2022, which protects digital content. Creators benefit from stronger IP protections but must ensure their content doesn’t infringe on others’ rights, as platforms are empowered to remove infringing material.
15. Risk of Selective Enforcement: Posts on X suggest the Act is rigorously enforced, sometimes to protect elites, raising concerns about selective application. Creators criticizing powerful figures may face disproportionate legal scrutiny, necessitating caution in content creation.

Notes and Context

• Legal Framework: The Cybercrimes (Amendment) Act 2024 builds on the 2015 Act, aiming to address evolving cyber threats like fraud, hacking, and cyberstalking, but its broad provisions impact content creators significantly.
• Impact on Creators: Nigeria’s 4.2 million creative sector workers (projected to grow by 2.7 million by 2025) face increased compliance burdens. While the Act protects against cybercrimes like piracy, it risks stifling free speech and creativity through overreach.
• Criticism and Concerns: The Act has been criticized for enabling surveillance and targeting dissenting voices, with at least 25 journalists prosecuted under the 2015 Act. Amendments aim to address misuse, but gaps remain.
• Practical Implications: Creators must invest in legal literacy, secure consents for recordings, and align with platform policies to navigate the Act’s requirements while protecting their work and freedom.

If you need more specific details or have a particular aspect of the Act in mind (e.g., a specific section or case), please let me know, and I can refine the points further!

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