Bullying, harassment and other forms of intimidation are vices that have existed in human-to-human interactions.
The reliance on technological gadgets for communication and the spending of a significant amount of time on social media platforms has led to an increase in this behaviour.
A 2018 study by Igbasi Obinna et al, revealed that physical intimidation progressed to cyberbullying.
A recent National Violence Against Women Survey in the United States of America revealed that one out of every 12 women and one out of every 45 men have been stalked at a point in their lives.
Stalking is defined as the consistent and intentional pattern of unwanted contact or behaviour that causes the victim to feel upset, anxious or afraid.
This implies that stalking predates the proliferation of the Internet, technological gadgets and social media.
Cyberstalking is an unwanted behaviour and or harassment in which an individual, the perpetrator, uses electronic communication tools such as email, social media, and messaging apps to monitor, intimidate, or threaten another person(s) often with the intent to cause fear or harm.
It is further attributed to being the top five cyber crimes perpetrated globally. It is estimated that 850,000 adults in the United States are cyberstalking victims every year.
Statista reported that in 2021, about 11 per cent of US adults experienced cyberstalking. National statistics from the United Kingdom revealed a 24 per cent increase in reported cases of cyberstalking in England and Wales in 2020.
The Cyberbullying Research Centre reported a 34 per cent increase in cyberstalking cases in 2019 from six per cent in 2007.
Of the generally reported cases, more women than men were stalked and most of the actors were current or former intimate partners of the victims.
Cyberstalking is usually done on social media platforms. Charities and the authorities have reported a surge in cyberstalking incidents over the last two years.
From April 2020 to March 2021, there were 98,863 reports of stalking to police, marking a 300 per cent increase from the previous year.
A software and digital service review platform, Gitnux, reported that 47 per cent of victims experienced emotional distress, 38 per cent experienced anxiety and 19 per cent of the victims reported depression.
In Nigeria, there have been several reported cases of cyberstalking with the perpetrators taken to court.
The Violation Against Person Act of 2015 made stalking a crime.
Section 17 states that a person who stalks another commits an offence and is liable on conviction to a term of imprisonment not exceeding two years or a fine not exceeding N500,000 or both.
Section 24 (1) of the Cyber Crime (Prohibition, Prevention) Act 2015 states, “Any person who knowingly or intentionally sends a message or other materials through a computer system or network that is grossly offensive, pornographic or of an indecent, obscene or mincing character or causes any such message, matter to be sent or he knows to be false, to cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill-will or needless anxiety to another or causes such a message to be sent “ is guilty of an offence upon conviction carries a greater penalty of N7m or imprisonment for a term, not more than three years or both.
Recently, the police arrested a Tweep, Chude Nnamdi, in Onitsha, Anambra State, for cyberstalking following a petition about his activities on social media.
Nnamdi had since been granted bail and the Force Public Relations Officer, Olumuyiwa Adejobi, while confirming the arrest and allegation against Nnamdi urged “members of the public to familiarise themselves with provisions of the law and be aware of the penalties for violating them, most especially cybercrime laws with the new trends in the digital media space.”
Commenting on the issue, a technology policy analyst, Moses Faya, stated that cyberstalking was a crime under the Cybercrime Act and the Violation Against Persons Prohibition Act, of 2015.
He added that Section 24 subsection 1 of the Cybercrime Act broadly defined cyberstalking, stating that this clause was harped on by aggrieved persons to call for the arrest of journalists and persons who released information about them that might be true.
Faya further noted that the misuse of the Act created a thin line between freedom of expression and defamation, stating that there was no clear definition of these acts in the laws.
“If the information published about your past is factual, that is not defamation but it then depends on the poster’s purpose or intention of releasing those facts. Is it something that you feel should be grossly offensive, indecent or damaging to the person’s character? All these also have to do with the interpretation of the court to define the line between when character damage is being perpetrated despite the information being factual and when it is cyberstalking,” he said.
He added that the motive of stalkers in light of recent happenings was to gain likes, attention and popularity for their posts.
Faya warned against indiscriminate posting of details about people’s lives, saying it could damage the victims’ reputation.
The cybersecurity lawyer stated that victims of cyberstalking should “first report to the police, then seek redress in court instead of fighting the person.”
On her part, a cybersecurity analyst with CVHub, Bunmi Olutimehin, stated that the rise in cyberstalking was associated with the dependence on technology for communication and the long hours spent on social media platforms.
Olutimehin stated that the security implications of cyberstalking included data breaches, emotional and mental distress and loss of reputation on the part of the victims.
She said, “Cyberstalking can lead to data breaches and other security incidents. For example, a cyberstalker may attempt to gain unauthorised access to their victim’s accounts or steal sensitive information such as passwords and personal details, to gain leverage over them. This can result in the victim’s personal and financial information being compromised.
“It can also impact the mental health and well-being of victims. Cyberstalking can lead to anxiety, depression, and other psychological issues, and can even result in physical harm if the stalker takes their behaviour offline.”
The cybersecurity analyst further stated that stalkers using sophisticated techniques to hide their identities and locations posed a challenge for law enforcement agencies to track and investigate them.
On measures to prevent being victims of cyberstalking, Olutimehin said, “It is essential that individuals take steps to protect their personal information and online accounts. This includes using strong passwords, being cautious about what information is shared online, and reporting any suspicious behaviour to law enforcement or cybersecurity professionals. It is also important for organisations to implement strong cybersecurity measures, such as multi-factor authentication and encryption, to prevent cyberstalking incidents and other security breaches.”
She further advised that full names, home addresses, phone numbers, and other sensitive details should not be shared publicly on social media platforms, stating that suspicious behaviour should be reported to law enforcement agency and the platform or service provider where the harassment was taking place.
The analyst added, “Use unique and complex passwords for all your online accounts and avoid using the same password across multiple accounts. Consider using a password manager to help you create and store strong passwords securely.
“Enable two-factor authentication on all your online accounts that offer it. This adds an extra layer of security by requiring a code in addition to your password to access your account.
“Be cautious of messages from strangers on social media and messaging apps. Do not respond to messages from people you do not know and do not click on links or download attachments from suspicious messages.
“Regularly monitor your social media and online presence to ensure that your personal information is not been shared without your consent. Set up alerts for your name and other personal information to help you stay informed of any potential threats.”
Another cybersecurity manager and data protection officer, Philip Aiwekhoe, stated that stalkers attacked their victims for reasons of anger, revenge or control.
He added that cyberstalking could take different forms, including harassment, embarrassment, fake videos, fake acquisition and humiliation of the victim.
Aiwekhoe stated, “Victims of cyberstalking have reported increased suicidal ideation, fear, anger, depression, and post-traumatic stress disorder symptomology and most times it affects the social life of the victims; while perpetrators haven’t realised the impact usually have a negative reaction from the society and most times they do it for financial gains.”
He urged victims to “ignore and cut off the bully, explore legal means by reporting to law enforcement and seek redress in the court of law where needed.”
The data protection officer warned cyberstalkers and bullies to desist from such acts, stating that the crime was punishable under the cybercrime law.
“The Cybercrime Act also outlaws cyberstalking and cyberbullying. Anyone convicted of these could receive N2m minimum fine and/or at least one year in prison. Severe offences could attract a penalty as high as N25m minimum fine and/or up to 10 years imprisonment, depending on the severity of the offence,” Aiwekhoe said.
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