Unauthorized video recording refers to capturing visual footage of a person without their knowledge or permission. This can include recording someone in a public or private setting, such as their home or workplace.
The legal framework around video recording without consent in Nigeria is primarily governed by the Cybercrimes Act of 2015 and various provisions in the Nigerian Constitution and state laws.
When a person records a video of another in a public space and shares it, the video creator violates the other person’s right to privacy as protected by the Constitution.
Read also: What the law says on CCTV Cameras in Workplace
Examples of unauthorized video recording
1. Filming a person in a public place without their consent, such as recording a video of them on the street or in a shopping mall.
2. Setting up a hidden camera in a private space, like a bedroom or bathroom, to record someone without their knowledge
3. Recording a person engaging in intimate or sexual acts without their permission, even if it occurs in a public place.
4. Sharing or disseminating a recorded video of a person beyond the personal or household sphere without their consent.
Section 37 of the 1999 Constitution of Nigeria guarantees citizens’ privacy, protecting them from unauthorized recordings in private settings. This section states that “the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected”. Thus, recording someone in a private space without consent is illegal and can lead to legal consequences, including civil lawsuits for invasion of privacy.
The right to privacy is a fundamental human right
The right to privacy is a fundamental human right enshrined in Article 12 of the Universal Declaration of Human Rights (UDHR). Adopted in 1948, Article 12 states that;
“No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
The Meaning of “Privacy of Citizens” in Nigeria
The right to privacy of citizens is guaranteed under Section 37 of the Constitution of the Federal Republic of Nigeria, which states that;
“The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”
The Court of Appeal in the case of Nwali v. EBSIEC & Ors (2014) LPELR – 23682 (CA). held that:
“Section 37 of the 1999 Constitution states that “the privacy of citizens, their homes, correspondence, conversations and telegraphic communication telephone guaranteed and protected”.
The judge said “ It is clear from the text of the provision that it specifically mentioned the types of privacy that it protects. Five of them are listed therein as follows: 1. The privacy of citizens 2. The privacy of their homes 3. Privacy of their correspondence 4. The privacy of their telephone conversations 5. The privacy of their telegraphic communication. These are clearly restated by this Court in the Federal Republic of Nigeria V. Daniel (2011) 4 ELR 4152 thus- “Undoubtedly, by virtue of the Provision of Section 37 of the 1999 Constitution, the privacy of every Nigerian citizen, the home, correspondence, telephonic and telegraphic communications are cherishingly guaranteed and protected. …. It is glaring that the phrase “Privacy of Citizens” is general and is not limited to any aspect of the person or life of a citizen. It is not expressly defined by the Constitution and there is nothing in the Constitution or any other statute from which it’s exact meaning or scope can be gleaned.”
Exceptions to the consent requirement
Law Enforcement Interceptions: The Nigerian Constitution protects the privacy of citizens in communications (Section 37) but allows for lawful interception in the interest of national security, public safety, and other justifiable reasons (Section 45).
The Lawful Interceptions of Communications Regulations, 2019 allows law enforcement to intercept communications with a warrant. In emergencies related to national security or imminent danger, they can act without a warrant but must obtain one within 48 hours. This is grounded in Section 147 of the Nigerian Communications Act, which empowers the Nigerian Communications Commission (NCC) to authorize such interceptions.
Public Interest: Individuals have the right to record events in public spaces, particularly for documenting matters of public interest, such as police activity. This is supported by Section 39 of the Nigerian Constitution, which protects freedom of expression, albeit with limitations concerning the privacy rights of others present.
Court Proceedings: There is no law prohibiting video recording court proceedings without permission. While courts may request prior approval, such requests should not be unreasonably denied, as court proceedings are generally open to the public. This aligns with Section 36(3) of the Nigerian Constitution, which ensures a fair hearing.
For instance, in a notable incident at the High Court of Akwa Ibom State, a journalist was ordered to leave the courtroom for recording without prior approval.
News Reporting: Journalists and individuals recording events of public interest, such as protests or public speeches, may do so without consent, provided the recording is not used in a manner that violates privacy rights. This aligns with the right to freedom of expression, which protects the sharing of information in public contexts.
Personal Safety: Recording may be justified if it is necessary to protect oneself or others from imminent harm or illegal activities, such as threats of violence or extortion.
Administration of Criminal Justice Act, 2015 (ACJA) mandates the electronic recording of confessional statements under specific conditions, ensuring that such recordings are conducted lawfully and with respect for the rights of individuals involved.
Video recorded without consent?
If a person’s right to privacy is violated through unauthorized recording, they can approach a High Court to seek redress under Section 46(1) of the Constitution. The court may award damages or issue an injunction to restrain further violation.
Invasion of Privacy and Unauthorized Recording in Nigeria Using Law Reform (Torts) Law in Lagos State as a Case Study
The Law Reform (Torts) Law of Lagos State, Ch. L82 of 2015 provides statutory remedies for invasion of privacy in Nigeria.
Specifically, Section 29 of the law states that anyone who intentionally intrudes on the solitude, seclusion, private affairs or concerns of another in a highly offensive manner is liable for invasion of privacy.
When someone records another person without their consent, especially in private situations, it can violate the victim’s privacy. The recorded material may then be publicized, which Section 29(3) also prohibits if it is highly offensive and not of legitimate public concern.
The law provides several remedies that a court can grant for invasion of privacy which are ;
– Injunction to stop the defendant from further violating the plaintiff’s privacy
– Damages to compensate the plaintiff
– Order for the defendant to account for profits gained from the privacy invasion
– Order for the defendant to deliver any materials, articles, photos or documents obtained through the violation
– Any other appropriate relief
So in cases of unauthorized video recording, a victim can sue the perpetrator under this law and potentially obtain an injunction to prevent the recording from being published, recover damages, and force the defendant to hand over any ill-gotten materials.
Lawyer speak
An Abuja-based lawyer, Muhammad Yusuf, in an interview with the Jurist newspaper, has this to say on an unauthorized recording.
Speaking on what constitutes a breach of privacy when it comes to unauthorized recordings, he noted that it’s when the recording is about an individual’s private life like his family, home, correspondence, conversations etc.
He revealed that legal action can be taken on the grounds of the right to privacy provided by the Constitution.
He said individuals can take legal action if recorded without their consent except where what was recorded was that individual committing a crime or infringing on another person’s right.
Legality of recording law enforcement agents
Speaking of which, are there specific guidelines citizens should follow to ensure their recordings are legally protected? Mr Yusuf said
” A few things. They should not record the private life of individuals except where there is a reasonable suspicion of abuse or infringement which can be used as proof. They should always record with good intentions without any form of malice or ill intention.
Speaking further, he said “They should always try to submit such recordings to the appropriate authority to aid investigation. They should avoid sharing such recordings on social media while the investigation is in process and has not been concluded. It should only be shared where there is a just cause.“
Responding to whether there is specific legislation that protects the right to record law enforcement officers in Nigeria and what limitations exist on recording law enforcement agent activities? he said
“You cannot record anything that concerns their private life. Even while on duty you cannot record them except where it is perceived that they are carrying out an act not in line with their professional code of conduct or where they appear to be abusing the privilege they have been given, or where they are seen committing an offence or an infringement. The penal and criminal codes enjoin citizens to assist the authorities to either arrest people committing crimes or record them as at the time they are committing such crimes and give it to the authorities as evidence to aid prosecution.”