Some legal experts have advised victims whose nude images were shared online without their consent to pursue both civil and criminal remedies under the Nigerian law.
The lawyers who gave the advice in separate interviews, said the act violates privacy and human dignity, particularly in cases where a company that had engaged a model leaked her nude photographs online without her consent.
A human rights lawyer, Mrs. Jumoke Ajayi, said victims of such exposure could approach the court to enforce their fundamental rights, adding that every individual has a constitutional right to privacy under Section 37 of the 1999 Constitution as amended.
“When a person’s nude photos are published without consent, it amounts to an infringement of that right and defamation of character.,” she said.
Also, another Lagos-based lawyer, Franklin Ojumu, said consent and contractual clarity were critical in modelling agreements, adding that individuals should carefully read the fine print before signing any contract.
He said if nude or semi-nude photographs were not expressly agreed upon, the subject had the right to challenge their publication in court.
“Even if there was consent, it does not give the company unlimited rights to publish or share those images online,” Ojumu said.
Another legal practitioner, Chibuikem Opara, described cyberbullying as when a company leaked unauthorised nude photos of a model online without any consent provided in the contract.
The legal practitioner, who works with the Justification Firm in Ikeja, said such an act is actionable under the law., adding that it is a clear case of cyberbullying, an offence prohibited under the Cybercrimes Act.
“In this regard, the victim can report the matter to security agencies and when it gets to court, the corporate veil can be lifted so that the individuals personally involved will be held liable,” he said.
Opara said under civil remedies, if there was no express agreement, the model could sue for breach of contract and claim exemplary or aggravated damages.
“Issues such as fraudulent misrepresentation will also be explored.
“I believe the model can seek damages from the National Industrial Court and raise issues relating to inhuman and degrading treatment, as well as unfair labour practices under international labour law,” Opara advised.
