…Making or sharing child pornography attracts 10 year jail term
KEHINDE AKINTOLA
Nigeria’s House of Representatives on Thursday approved a fine not
more than N25 million or imprisonment for a term of 15 years or both for anyone convicted of cybercrime in the country.
This was contained in Clause 16(1) of the bill for an Act to amend the
Criminal Code Act. Cap C38 Laws of the Federation of Nigeria, 2004, in
order to provide for offences and penalties relating to computer
misuse and cybercrimes and for other matters connected therewith.
The bill which was passed at the Committee of the Whole, chaired by
Speaker Yakubu Dogara, also approved the provision in Clause 11 which provides that: “Any person who knowingly and without authority or in
excess of authority causes any loss of property to another by altering
erasing, imputing or suppressing an data held in any computer,
whether or not for the purpose of conferring any economic benefits
whether for himself or another person, commits an offence and shall be liable on conviction to a fine of not more than N25,000,000 or
imprisonment for a term of 15 years or to both.”
Clause 2 also provides that: “Any person who with intent to defraud,
sends electronic message to a recipient, where such electronic message material misrepresent any fact or set facts upon which reliance the recipient or another person is caused to suffer any damage or loss,
commits an offence and shall be liable on conviction to a fine of more
than N25,000,000 imprisonment for a term of 15 years or to both.”
For those convicted for identity theft and impersonation by using
computer or network system, Clause 12 provides that such person shall
be liable on conviction to 10 years imprisonment or fine not more than
N15 million or both.
In the same vein, anyone convicted of intentionally using any computer
for production of child pornography for the purpose of distribution,
offering or making available, procuring child pornography for oneself or for another person, or possessing child pornography in a computer system or on a computer-data storage medium, shall on conviction be liable to a fine of not more than N20 million or 10 years imprisonment
or both.
According to the report seen by our Correspondent, child pornography
shall include: pornographic material that visually depicts – a minor
engaged in sexually explicit conduct; a person appearing to be a minor
engaged in sexually explicit conduct; realistic images representing a
minor engaged in sexually explicit conduct and any form of recording
or writing from which a visual image, including a computer generated
image or cached on a computer as a result or an internet browsing
depicting explicit sexual activities involving a child.
“For the purpose of this section, the term ‘child’ or ‘minor’ shall
include a person below 18 years of age.”
The House is expected to pass the bill through Third Reading at the
next Legislative day.
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