LAGOS SEPTEMBER 23RD (URHOBOTODAY)-Do you know that you now risk a whooping ?2 million fine even as a victim of a cyber attack in Nigeria?
That is the provisions of the Nigerian Cybercrimes Act 2015, the nation’s law that makes it an offence to use computers, networks, Internet and allied technologies for criminal activities in the country.
Technology Times review of the Nigeria Cybercrimes Act signed into law on May 15, 2015 by Goodluck Jonathan, ex-President of Nigeria, shows that cyber attack victims now face a double jeopardy.
Under the provisions of the Nigeria Cybercrimes Act, victims of computer or network attacks must report the incident to the National Emergency Response Team (CERT) Coordination Centre; otherwise the non-disclosure becomes an offence punishable with N2 million fine.
During the review by Technology Times, our attention was drawn to the Cybercrime Act 2015 stipulation that “any person or institution, who operates a computer system or a network, whether public or private, must immediately inform the National Computer Emergency Response Team (CERT) Coordination Center of any attacks, intrusions and other disruptions liable to hinder the functioning of another computer system or network, so that the National CERT can take the necessary measures to tackle the issues.”
The Nigerian Cybercrime Act 2015 is the nation’s first statutory instrument that criminalises online actions by prescribing punishment and creating legal procedures for investigation, protection and enforcements for persons or institutions that violates the law.
The Nigerian Cybercrime Act 2015 further explains that when the National CERT Coordination Centre receives a report of attack on computer system or network, it may segregate the affected computer systems or network until the issues are resolved.
Sub-section (2) states thus: “In such cases mentioned in subsection (1) above, and in order to protect computer systems and networks, the National CERT Coordination Center may propose the isolation of affected computer systems or network pending the resolution of the issues.”
Categorically, sub-section 3 of Section 21 states that persons or institutions who are unable to report such incidents in a space of seven days commits an offence for denial of Internet services and should pay ?2 million into the National Cyber Security Fund.
“Any person or institution that fails to report any such incident to the National CERT within 7 days of its occurrence, commits an offence and shall be liable to denial of Internet services. Such persons or institution shall in addition, pay a mandatory fine of ?2, 000,000.00 into the National Cyber Security Fund”, the Nigeria Cybercrime Act 2015 says.
With the Nigeria Cybercrime Act 2015, it has now become a criminal offence to gain unauthorised access into a computer system or network since it is now a punishable offence. Also, the failure of a victim to report such an incident to the responsible government agency for proper investigation and resolution is also now an offence.
The law also stipulates a three-year jail term or ?2 million fine for anyone who knew that a crime had been committed in his premises or cybercafe and fails to report to relevant authorities within seven days.
The Nigerian Cybercrime Act also provides a legal framework for the prohibition and punishment of electronic fraud and cybercrime whilst promoting e-government services, electronic communications and transactions between public and private bodies as well as institutions and individuals.
Technology Times Review