The legal experts in Nigeria have urged victims whose intimate nude images are shared online without their consent to seek both civil and criminal remedies. The advice comes amid rising concerns about privacy violations and the misuse of personal images, especially in cases where companies leaking such images have engaged models.
Therefore, the legal practitioners characterized the act of unauthorized publication of nude photos as an infringement on privacy and a violation of human dignity. Human rights lawyer Mrs. Jumoke Ajayi emphasized that every individual enjoys a constitutional right to privacy under Section 37 of Nigeria’s 1999 Constitution (as amended).
She explained, “When a person’s nude photos are published without consent, it amounts to an infringement of that person’s right and defamation of character. The victim can sue both the company and the individuals involved.”
Ajayi further advised victims to file petitions with law enforcement agencies under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, highlighting that Section 24 of the Act criminalizes the distribution of intimate images without consent. She warned that offenders, if found guilty, face imprisonment.
Lagos-based lawyer Mr. Franklin Ojumu highlighted the importance of consent and clarity in contracts, especially in the modeling industry. He urged individuals to carefully scrutinize contractual agreements before signing, as “if nude or semi-nude photographs were not expressly agreed upon, the subject has the right to challenge their publication in court.” Ojumu also pointed out that even when consent was given, it does not grant companies unlimited rights to publish or distribute such images online. Victims, he added, could claim damages for emotional distress, reputational harm, and invasion of privacy.
He noted, “Courts have become increasingly receptive to digital rights violations and a well-presented case can set a strong precedent.”Cyberbullying lawyer Mr. Chibuikem Opara of the Justification Firm in Ikeja described the situation of leaking unauthorized nude photos online as a clear case of cyberbullying—an offense prohibited under the Cybercrimes Act. “Victims can report such matters to security agencies, and when it reaches court, the corporate veil can be lifted so that individuals personally involved will be held liable,” he explained.
Civil remedies are also available; if there was no express agreement, the model could sue for breach of contract and seek exemplary or aggravated damages. Opara added, “Issues such as fraudulent misrepresentation can also be pursued. I believe the model can seek damages from the National Industrial Court and raise issues related to inhuman and degrading treatment as well as unfair labor practices under international labor law.”
Adetokunbo & Co Chambers’ Managing Partner, Mr. Ademola Owolabi, underscored the overlap between contractual breaches and criminal liability in such cases, stating, “There is a breach of contract because there was no express permission for the picture to be used in the manner it was used.”
Mr. Ogedi Ogu, Country Director of the Advocacy for Justice and Accountability, framed the unauthorized publication of nude photos as a flagrant infringement on individual rights. He observed, “I do not think the agreement to model for the company included her being or posing nude for the company. It also does not entitle the company to obtain, retain, or commercialize her nude photos.” Ogu emphasized that victims have the right to initiate legal action against such entities and can claim damages.
“In such a situation, the individual can bring an action for damages and also seek necessary court orders restraining the company from further sharing or distributing such pictures,” he said.
