LEGAL IDEAS FORUM

The Legal Consequences Of Leaking And Appearing In a Sex Tape

In the wake of the embarrassing moment of indiscriminate release of sex tapes and nude pictures of celebrities on social media, it has become of urgent importance for one to be abreast with the brutal legal consequences attached to leaked sex tapes and their effect on the corporate moral sensitivity and integrity of the public.

One particular polluting sex tape has unassailably trended more than any other private sexual material released recently. The news of this particular sex tape has become the hottest gist in town, discussed in every nook and cranny by every dick and harry.

The leaked sex tape of concern, is a short video showing a condomless dipstick of a faceless man drizzling and drenching with arousal fluid while engaging in an unholy dalliance with a popular female celebrity, moaning in the epicurean aqua sexual pleasure.

The leaked sex tape of concern has attracted diametrical opinions, while some are complaining bitterly that sex tape is too short, some others have described the amorous activity as a ‘’Quickie”, while some said the damage of the ignominious act is irreparable, others are of the opinion that it is a contrived and a purposeful act to draw attraction and attention to the celebrity, while the grovelers and crawlers of her celebrity status are showing undersavable sympathy even when she has disingenuously and conspicuously refused to apologize for her faux pas and ignominy .

However, it is sufficing to note that at the early stage of the musical career of the putative victim in the leaked sex tape, she spectacularly captivated Nigerians with soothing and genuine love songs. In recent times, much to our amazement and shock, she viciously introduced risqué and raunchy lyrics to her recent song, in one of her songs, she euphemistically advised for need to do enjoyment with politicians (who knows whether this is the enjoyment where our political leaders spend our hard-earned taxpayer’s money?).

To worsen the whole issue, she has by her influential celebrity status role modeled our young girls into dressing provocatively and lecherously, despite all the criticism and bashes she received from her frequent stage faux pas , she stayed stubborn, like the Greek myth Icarus, until she let the wind to expose the fowl’s anus.

It’s is in the view of the above introduction that we honorably situate our legal discuss on the following question ;

(1)What are the legal consequences of releasing someone private and sexual materials?

(2)What are the legal consequences of showing and appearing in a sex tape?

(3)What are the legal consequences of releasing and posting someone private and sexual pictures?

Legally speaking, the act of posting someone’s explicit and intimate pictures or video without his or her Consent is called “REVENGE PORN”. It is the act of person mistakenly or purposefully distributing the sexual images or materials of another person without his Consent. The law is aimed at preventing unquantifiable disgrace and shame that may befall on the victim. It is immaterial whether the victim first allowed herself to be recorded, the issue is whether there is consent at the point of distribution of the sexual materials to the Public.

This malicious act is mostly carried out by jilted lovers full of vengeance and anger, who want to subject their estranged lovers to untold psychological and emotional trauma.
Legally speaking, such an act of posting and sharing another person’s private and sexual materials without his/her consent is a violation of trust and fundamental Right to privacy under section 37 of the 1999 Constitution which the victim can be monetarily quantified.
Apart from the tortuous and civil action which can arise from the malicious act of posting someone nudes’ material, a criminal action can also arise from it.

The act of posting someone sexual material with or without his consent is punishable under various criminal enactments such as the Criminal Code and the Cyber Crime (Prohibition and Prevention) Act, 2015

Section 170(b) of the Criminal code outrightly prohibits the sending of Obscene, indecent and offensive post, it is misdemeanor which is punishable with one year imprisonment.
However, the Cyber Crime (Prohibition and Prevention) Act, 2015, Emphatically spelt out the punishment of “Revenge Porn”
Section 24 of Cyber Crime (Prohibition and Prevention) Act 2015, say that:

24(a). Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be so sent; or

24(b). He knows to be false for the purpose of causing 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: commits an offence under this Act and shall be liable on conviction to a fine of not more than N7, 000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.

Deducing from the two above provision, a person risks 3 years in imprisonment for sending or posting another’s sexual materials to the public without his consent. More importantly, the act of blackmailing or intimidating someone with his sexual materials in the advancement of monetary payment falls under this category.

LEGAL CONSEQUENCES OF APPEARING IN A
LEAKED SEX TAPE
.

Generally speaking, morality and law are two different concepts, morality is set of norms which only applies to the conscience of the addressee, on the other hand the law is a set of rules with the element of coercion. Generically, private sin cannot be equated with crime but sometimes the law and morality can interwoven and sometimes overlapping in enforcement and prohibition some set of behavior and conduct.

An established set of morality is indispensable for good governance to the welfare of the society. Societies runs into chaos and break down when there is no common morality being observed. The framers of our various Nigeria Criminal code understanding the indispensability of morality framed out some sections in our criminal code dealing with Moral, from Section 214 to 233 spelling out offences against morality.

Under Section 231 of the Criminal code appearing in a sex tape released to the Public can be termed as an INDECENT act, capable of corrupting, insulting and offending member of the Public ,it is an offense punishable with 2 years’ imprisonment.
What matters most is that an obscene material is in the public domain. However, it beholds on the person appearing on the sex tape under Section 231 to show the cogent excusable reasons for the video appearing in the Public.

CONCLUSION

Conclusively, the unspeakable act of people normalizing and standing with fornication should immediately call for a self-retrospection as a Christian, the pontificators of fornication supersonically rushed to cite their misinterpreted John 8:7 … he that is without sin should first cast the stone…, many of us have levitated on the verse to justified our immoralities. Jesus Christ only prevented the Adulterous woman from been killed, there are in Plethora of verses abhorring immorality and fornication.

It beats my imagination that something that we are supposed to be ashamed of, is now a trending fashion, the way people normalize immorality these days begs for the question of what really was the sins of the people of Sodom and Gomorrah.
Nobody is really a saint, but calling a wrong Role model a “Strong Woman” shows that we have crossed the Rubicon.

According to St. Augustine “ the will of man is perverse because it is perverse, he is lost to lustfulness because he’s lost to lustfulness sexuality become irresistible, fornication is a fleshly desire independent of man’s control which can only be conquered by the holy spirit and the spirit of recognizing that is a Sin.” David the man after God’s heart recognized it, by frequently asking God for Forgiveness after each adultery he committed. As human beings we wear the sartorial of fallibilities and weakness but the idea of accepting immoralities as a way of life or liberation of man or even fancy it with words like “I dey catch cruise“ ,“everybody get him own life to live” shows that we need to rediscover our moral compass.

One thing we should not Forget is that a man live for himself, his society and his children. Once a trial or pictures of fornication have reached the domain of the Public, such shameful imagery will always pop up and resonate when a member of the public sees your children. That is the more reason we should always condemn immoralities.

May God help us to Conquered the sin of the flesh

ABOUT THE AUTHOR

Ehidiamen Destiny Odianosen is a legal writer, public affairs analyst and an active legal practitioner. He has unflinching penchant for examining legal principles and expressing same through legal writing. He has special interest in Property Law. He has published many informative articles on legal issues and public affairs matters.

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