ABUJA — A widely circulated social media graphic claiming that the Federal Government has enacted a new “2025 Cybercrimes Act” with draconian penalties for recording private conversations, administrator liability, and life imprisonment for online offenses is false and misleading.
The viral post, which has been shared extensively across WhatsApp groups, Facebook, and X (formerly Twitter), purports to issue a “legal notice” warning content creators and social media administrators about strict new criminal offenses.
A legal review of Nigeria’s cybersecurity statutory framework reveals that the viral message misrepresents Nigerian law, conflates foreign legislation, and fabricates statutory provisions.
Key Fact-Checks of the Viral Claims
- Claim: A “2025 Cybercrimes Act” Was Just Enacted.
- Fact: False. Nigeria operates under the Cybercrimes (Prohibition, Prevention, etc.) Act of 2015, which was formally amended by President Bola Tinubu on February 28, 2024. No “2025 Cybercrimes Act” exists in Nigerian law.
- Claim: Section 10 Criminalizes Recording Private Conversations.
- Fact: False. Section 10 of Nigeria’s Cybercrimes Act deals strictly with unauthorized tampering with critical national information infrastructure by employees or system administrators. The text in the viral post regarding “recording private discussions” was copied from cybercrime legislation in Zambia.
- Claim: Section 24 Imposes Life Imprisonment for Online Abuse or Inciting Hatred.
- Fact: False. Following a ruling by the ECOWAS Community Court of Justice, the National Assembly amended Section 24 in February 2024 to strike out vague terms like “grossly offensive” or “annoyance”. Under the operative 2024 Amendment Act, Section 24 specifically addresses messages sent to cause a breakdown of law and order or pose a threat to life, carrying a maximum penalty of 3 years imprisonment, a fine of N7 million, or both.
- Claim: WhatsApp Group Admins Are Automatically Liable for Members’ Posts.
- Fact: Misleading. Nigerian statutory law does not contain an automatic vicarious criminal liability clause for group administrators. Criminal liability under Nigerian law requires proving intent (mens rea) and direct participation (actus reus) or active conspiracy.
Legal Experts Urge Public Discretion
Legal practitioners and digital rights advocates have advised citizens to disregard the viral post, noting that periodic chain messages often recycle distorted snippets from foreign statutes or expired bills to trigger panic.
While cyberstalking, unauthorized computer access, identity theft, and electronic fraud remain punishable offenses under the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act 2024, enforcement is strictly guided by the gazetted 2024 provisions rather than unverified social media disclaimers.
