Victims can sue companies, individuals over non-consensual nude photo leaks – Lawyers

Some legal experts have urged victims whose nude photographs were shared online without their consent to take both civil and criminal actions against the offenders, in line with Nigerian law.

The lawyers made the call in separate interviews with the  News Agency of Nigeria (NAN) in Lagos, describing the act as a gross violation of privacy and human dignity especially in cases involving companies that leak models’ nude images without consent.

A human rights lawyer, Mrs. Jumoke Ajayi, said such victims could approach the court to enforce their fundamental rights under Section 37 of the 1999 Constitution (as amended , which guarantees the right to privacy.

“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 stated.

She added that the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 also provides legal backing for prosecution, noting that Section 24 criminalises the distribution of intimate images without consent, with offenders liable to imprisonment if found guilty.

Similarly, Mr. Franklin Ojumu , a Lagos-based lawyer, stressed the importance of consent and contractual clarity in modelling agreements. He advised individuals to read contracts carefully before signing, noting that if nude or semi-nude photos were not expressly agreed upon, their publication could be challenged in court.

“Even if there was consent, it does not give the company unlimited rights to publish or share those images online,” Ojumu said, adding that victims could seek compensation for emotional distress, reputational damage, and invasion of privacy.

He further noted that Nigerian courts are becoming increasingly receptive to digital rights violations, and that well-prepared cases could set strong legal precedents.

On his part, Mr. Chibuikem Opara of  Justification Firm, Ikej , described the unauthorised publication of nude images as a form of  cyberbullying , punishable under the Cybercrimes Act.

“In this regard, the victim can report the matter to security agencies. When it gets to court, the corporate veil can be lifted so that the individuals personally involved will be held liable,” Opara explained.

He added that civil remedies are also available, including suits for breach of contract, fraudulent misrepresentation , and  inhuman or degrading treatment  under international labour law.

Mr. Ademola Owolabi, Managing Partner at Adetokunbo & Co Chambers, Lagos, noted that such incidents could give rise to both civil and criminal liabilities, especially where there was no express contractual permission for the publication of nude images.

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

Also commenting, Mr. Ogedi Ogu, Country Director of the Advocacy for Justice and Accountability, described such cases as clear violations of individual rights.

“I do not think the agreement to model for the company included her posing nude, nor does it entitle the company to obtain, retain, or commercialise her nude photos,” Ogu said.

He added that affected individuals have the right to sue for damages and seek court injunctions restraining the company from further sharing or distributing such images.