What To Do If Your Nude Photos Are Leaked

 

Consent to pursue both civil and criminal remedies under the Nigerian law.

The lawyers gave the advice in separate interviews with the News Agency of Nigeria (NAN) in Lagos.

They described the act as a violation of 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.

According to her, 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.

“The victim can sue both the company and the individuals involved,” Ajayi said.

She added that victims could file petitions with law enforcement agencies under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015.

According to her, Section 24 of the Act criminalises the distribution of intimate images without consent.

The lawyer added that offenders, if found guilty, are liable to imprisonment.

Also, another Lagos-based lawyer, Mr Franklin Ojumu, emphasised that consent and contractual clarity were critical in modelling agreements.

Ojumu added that individuals should carefully read the fine print before signing any contract.

He noted that 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.

The lawyer added that victims could seek damages for emotional distress, reputational harm and invasion of privacy.

He noted that the courts had become increasingly receptive to digital rights violations and that a well-presented case could set a strong precedent.

In his opinion, Mr 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, told NAN that such an act is actionable under the law.

According to him, 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 added that, 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.

Mr Ademola Owolabi, the Managing Partner of Adetokunbo & Co Chambers, Lagos, described the situation as one in which a contractual relationship could give rise to criminal liability.

“There is a breach of contract because there was no express permission for the picture to be used in the manner it was used,” he said.

Also speaking, the Country Director of the Advocacy for Justice and Accountability, Mr Ogedi Ogu, described the situation as an infringement on the individual’s rights.

He said, “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 commercialise her nude photos.”

According to Ogu, such individual reserves the right to institute an action against the erring company and claim damages.

“In such a situation, the individual can bring an action for damages and also seek necessary orders of the court restraining the company from sharing and distributing such pictures,” he said.

(NAN)