Legal Opinion On The Facebook Post By Mbmbskin On The Alleged Use Of Cream Induced Cream By The Popular Yoruba Star Actress Madam Saje

Background

On the 3rd day of April, Nigerians woke to the post made by one Mbmbskin via the Facebook platform and I quote:

"I was watching a movie recently featuring Yoruba star actress Madam Saje and a close up look at her neck showed a heavily blemished neck that obviously wasn't age induced but cream induced blemish.

I think it must have made her insecure and the reason she sought help on what to do that became a viral video floating around the internet where she was seen applying some black potion and praising it that verydarkman picked up on and lambasted the makers of the product.

I doubt the said product did much because recent pictures of her at an event showed the issue still persist even though heavily pancaked with foundation makeup.

As someone of her age and in an industry where heavy lighting and makeup is important and more so showbiz, her skin has been put through a lot and at this point because of her age won't easily snap back and what she needs is a skin healing regimen instead of being put through more and more harsh product hoping to bleach away the burn.

In our sunburn boot camp taking place this weekend, you'll learn the skin healing daily regimen which will make you come out of camp with a better skin than came in with so if you have mothers or fathers or anyone in your life struggling with dark spots, redness, burns, extreme skin dryness then you need to take your seats in the sunburn boot camp. Raise your ✋ in the comments section to be added. #Mbmbskin #Sunburn #Beautytip”

In the above post, the writer alleged that, the popular actress used induced cream with a picture of her. Apparently, this post sparked up various reactions among Nigerians majorly condemning such post all in the name of advertising their skincare products to the public.

A. Issues for Determination

The issues for determination in this post are:

• Right of Privacy
• Defamation which is criminal in nature
• Cyberstalking and Cyberbullying

B. Opinions

i. Right of Privacy

The right to privacy is one of the fundamental human rights entrenched in the Nigerian Constitution. Section 37 of the 1999 Constitution provides that:

“The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”

This section is sacrosanct and must be honoured by all persons living in Nigeria or associated with it, including the publisher of that post. Madam Saje has a right to privacy regarding the management of her body, including what she uses for her upkeep and beauty. Such information should not be exposed or leaked for the purpose of advertising skincare products.

ii. Criminal Defamation

The Defamation matter is defined in Section 373 of the Criminal Code Act as a matter likely to injure the reputation of any person by exposing them to hatred, contempt or ridicule, or likely to damage their profession or trade.

Section 375 of the Criminal Code Act stipulates that any person who publishes defamatory matter is guilty of a misdemeanor and is liable to imprisonment for one year. If the defamatory matter is published knowing it to be false, the penalty increases to two years.

The publisher’s actions toward Madam Saje are criminally defamatory, and she has the option to sue the publisher in a State High Court. The defamatory statement was made in a permanent form via the Facebook platform, harming Madam Saje’s reputation and leading to financial and moral loss.

iii. Cyberstalking or Cyberbullying

Cyberstalking or Cyberbullying refers to the use of electronic communication to harass, intimidate, or harm others. This is typically done through social media, messaging apps, or other digital platforms.

The Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 is the foremost legislation on cyberstalking in Nigeria. Section 24 of the Act criminalizes cyberstalking in various forms, such as sending offensive messages, false information, or making threats. The penalties can range from fines to imprisonment of up to 10 years.

The Facebook post by Mbmbskin constitutes cyberstalking under this law, and Madam Saje can seek legal redress in line with the cited sections of the Cybercrimes Act of 2015.

Conclusion

Every person in Nigeria should be aware that invading someone's Right of Privacy, making defamatory statements, or engaging in Cyberstalking/Cyberbullying is an offence under the Cybercrimes Act of 2015 and Section 37 of the Constitution, among other laws. The actions of the publisher in this case are not only defamatory but also a clear violation of Madam Saje’s rights.

It is my hope that this opinion provides clarity on the actions of the publisher and the appropriate steps Madam Saje may take.