In the Part I to this write-up we were able to discuss the meaning of Cyberbullying and Cyberstalking and some of the consequences of Cyberstalking. In this Part II therefore, we shall continue with the punitive provisions of The Act as it relates to Cyberstalking.
Section 24 of The Act further provides:
(2) Any person who knowingly or intentionally transmits or causes the transmission of any communication through a computer system or network-
(a)To bully, threaten or harass another person, where such communication places another person in fear of death, violence or bodily harm or to another person;
(b)Containing any threat to kidnap any person or any threat to harm the person of another, any demand or request for a ransom for the release of any kidnapped person, to extort from any person, firm, association or corporation, any money or other thing of value; or
(c)Containing any threat to harm the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime to extort from any person, firm, association, or corporation, any money or other thing of value:
Commits an offence under this Act and shall be liable on conviction-‐
(i) In the case of paragraphs (a) and (b) of this subsection to imprisonment for a term of 10 years and/or a minimum fine of N25,000,000.00; and
(ii) In the case of paragraphs (c) and (d) of this subsection to imprisonment for a term of 5years and/or a minimum fine of N15, 000,000.00.
EXPLANATION
1.1. Going by the above provisions of Section 24(2) of The Act, and in addition to what we discussed in Part 1 to this write-up, for an act to qualify as Cyberstalking, one must have transmitted or caused the transmission of a communication through a computer system or network, and such a transmission must have been done intentionally or knowingly.
1.2. It is further provided that for any of such communications to qualify for cyberstalking, it must:
a) Be done to bully, threaten or harass someone; and the said communication sent to bully, threaten or harass a person must place the person to whom the communication is sent in fear of death, violence or bodily harm of either himself or of another person; or
b) Contain any threat to kidnap any person or any threat to harm someone; contain any demand or request for a ransom for the release of any kidnapped person and geared towards extorting from any person, firm, association or corporation, any money or other thing of value; or
c) Contain any threat to harm someone’s property or reputation or any threat to harm the reputation of a deceased person or any threat to accuse someone of a crime in order to extort from any person, firm, association, or corporation, any money or other thing of value. The bulk of this particular paragraph is centered on internet blackmails which are currently very rampant on social media.
1.3. If one is therefore found wanting or culpable in any of the above provisions of paragraph 1.2 (a)-(c) alongside all the other ingredients as previously outlined in paragraph 1.1, then it is settled that the person has also committed the offence of Cyberstalking. In the case of paragraphs (a) and (b) the offenders would be sentenced to imprisonment for a term of 10 years and/or a minimum fine of N25, 000,000.00; and in the case of paragraph (c) to imprisonment for a term of 5years and/or a minimum fine of N15, 000,000.00.
1.4. It is to be noted that in any case, either of fine or imprisonment can be imposed by the Court, or both fine and imprisonment can be imposed at the same time. However, the imprisonment term can’t be less or more than that provided for in the Act while the fine can be more but not less than the minimum sum provided for.
1.5. In the Part III to this write-up, a summary of the article would be made and it would include every other relevant pieces of information one needs to know about Cyberstalking.
