CYBERCRIME

Cybercrime would mean any activity which involves the computer or the internet

network. The Nigerian principal legislation on cybercrime did not define the word

‘cybercrime’.

The South African electronic communications amendment act 1 of 2014 defines

cybercrime as any criminal or other offences that is facilitated by or involves the use of

electronic communication or information systems, including any device or the internet or

any one or more of them.

Cybercrimes are crimes that are usually specific to a network of information technology

infrastructures that are interdependent on each other (cyberspace). Cybercrime is

borderless as the offender does not need to be at the same place as the victim to attack the

victim or the victim’s computer or property. Cybercrime may generally be divided into

two i.e crimes that affects computer network and devices directly; crimes that are

facilitated by computer networks or device, the primary target of which is independence

of the computer networks or device.

See also the council of Europe convention on cybercrime.

Initially, there were no laws in Nigeria to combat computer crimes which led to the

creation of an ideal environment for criminals to freely operate without any law to

combat their activities. See section 36 (12) of the CFRN. Aoko v Fagbemi.

There are certain bodies in Nigeria set up by the federal government to deal with

cybercrime and they include EFCC, NFIU, Nigerian Cybercrime Working Group

(NCWG). The principal legislation on cybercrime in Nigeria is the cybercrime

(prohibition, prevention, ETC) act 2015. The law was enacted for the prohibition,
prevention, prosecution and response to cybercrime and for other related matters. Other

laws which indirectly relate to the prosecution of cybercrime include Economic and

Financial Crimes Commission ( establishment) act 2004, Money Laundering

(prohibition) act ; Evidence act; advanced free fraud and other fraud related

offences act; penal code, criminal code, criminal code law of Lagos state.

One of the objectives of the act is to promote cyber security and the protection of

computer systems and networks, electronic communications, data and computer

programs, intellectual property and privacy rights. The application of the provision of the

act is to apply throughout the FRN. Section 2 of the CA. the act criminalizes unlawful

access to a computer and the crime is punishable with a term of imprisonment of not less

than 2 years. Section 6(1) CA. If the unlawful access to computer was done for the

purpose of accessing confidential information, industrial secrets, commercial

information, data etc, the offender will be sentenced to not less than three years. Section

6(2) CA. Section 17 of the CA criminalizes cyber terrorism which is the act of accessing

or causing to be accessed any computer system for the purpose of committing a terrorist

act and is liable upon conviction to life imprisonment. The act also criminalizes child

pornography in section 14. In Nigeria ‘hacking’ which is the unlawful access to a

computer is prohibited. Section 6 also sections 1&2 of the English Computer Misuse

Act makes it an offence for a person to log into another person’s computer.

For a person to be guilty of hacking in Nigeria, the offender must have a fraudulent intent

but in England the offence is committed regardless of the intention of the offender.

In India, section 43 information technology act also criminalizes unauthorized access to

the computer of another. Section 66 criminalizes hacking and the hacker is expected to
pay compensation to the complainant and the hacker is liable to 3 years imprisonment. In

Nigeria, phishing is a crime in section 36 CA and the punishment is 3 years. The offence

can also be prosecuted under section 419 CC as the offence involves the making of a

false representation so that another person can disclose vital and sensitive information

about their computer such as passwords, credit card numbers, etc. In England the offence

of phishing is not expressly provided for under the law, but it can come in category of the

offence created by Section 43& 66 of the IT act. The offence can also be prosecuted

under section 416 & 464 of the Indian penal code. See the case of NASSCOM v Ajay

goods & ors.

In Nigeria section 24 CA criminalizes cyber stalking and cyber bullying and the

punishment is 3 years. In England, section 2 (a) Protection From Harassment Act

1997 provides for the offence of stalking which covers cyber stalking. Punishment is 6

years jail term.

In India, the IT act did not make provisions for stalking but the Indian penal code

criminalizes stalking under section 354(d). Cyber stalking is a gender based offence in

India as it can only be committed by only a ,man against a woman.

In Nigeria, Section 22 CA criminalizes identity theft and impersonation of any person

who is engaged in the services of any financial institution and identity theft is defined in

Section 58 as the stealing of somebody else’s personal information to obtain goods and

services through electronic transactions. In England, identity theft is covered by the

English fraud act and it is referred to as phishing. In India, identity theft and phishing

seems to be the same. Nigeria separates identity theft from phishing while the other

jurisdiction fused them. In Nigeria, section 18 of the CA makes it an offence for any
person that accesses or causes to be accessed any computer or computer system for the

purpose of terrorism. In England, section 1 of the terrorism act 2000 defines cyber

terrorism as the use of violence or threat of action which is designed to interfere with or

disrupt through electronic system the government or to intimidate the public or a section

of the public.

In India, section 66 (1) ITA states that cyber terrorism is committed when a person

denies access to authorized personnel to a computer resource. Access a protected system

or introduced a contaminant into a system with the intention of threatening the unity,

integrity, sovereignty or security of India.

In Nigeria, it is an offence under Section 17(1) CA and the offence is committed when a

person’s signature or a company’s mandate is forged through electronic devices with

intent to defraud or misrepresent and the punishment is 7 years.

In England, Section 1 of the forgery and counterfeit act criminalizes forgery of any

kind.

In India, the combined effect of section 1 of the Forgery and Counterfeit act criminalizes

cyber forgery.

In Nigeria, section 25 of the CA criminalizes the offence of cyber squatting by providing

that any person who intentionally takes or makes use of any name, business name

registered and owned by an individual, government without authority commits an

offence.

In England, the law did not clearly define the phrase ‘internet domain’ because most of

the laws regarding domain names are found in contract.