The Importance of Consent in the Social Media Age

The Rise of Non-Consensual Content Sharing

With the growing popularity of social media in Nigeria, photo and video sharing has become second nature for many. Whether it’s a funny clip, an unusual sight, or a viral moment, people quickly pull out their phones and upload content for likes, shares, and engagement. However, many of these images and videos are shared without the individuals’ consent, leading to serious legal and ethical concerns.

It has now become a troubling trend. Strangers are filmed and posted online without knowledge, often subjected to ridicule for entertainment or social media traction. While taking and posting content may seem harmless, it does not override the need to respect privacy rights, data protection laws, and intellectual property considerations.

What is Consent, and Why Does It Matter?

Consent is the explicit approval for capturing and sharing a photo or video. It is a fundamental principle that safeguards personal privacy, dignity, and security. Whether you are a photographer, videographer, content creator, institution, or social media user, ignoring consent can have serious legal consequences.

An individual or organization can legally face lawsuits or penalties for publishing someone’s image or video without permission. In Nigeria, several laws protect people from having their likeness used without consent. Here are some key legal provisions:

Laws Protecting Privacy and Image Rights in Nigeria

1. Section 37 of the 1999 Constitution of Nigeria (as amended) guarantees the right to privacy and prevents unauthorised surveillance and sharing of personal information.
2. Cybercrimes (Prohibition, Prevention, etc.) Act 2015 – Criminalises the non-consensual sharing of intimate images and digital harassment.
3. Nigeria Data Protection Act 2023 – Regulates collecting, processing, and sharing personal data, including images and videos.
4. Defamation and Image Rights under Common Law – Sharing someone’s image in a misleading or harmful way can result in defamation lawsuits.
5. Child Rights Act 2003 – Protects minors from exploitation by prohibiting the sharing of their images without parental or guardian consent.

How to Avoid Legal and Ethical Pitfalls

If you want to stay on the right side of the law while being a responsible social media user, here are some key practices to follow:

• Always Ask for Permission—Respect people’s right to control their image in private or public spaces. If you capture content for professional or commercial use, get written consent through a release form.
• Respect Workplace and Event Policies—When taking photos or videos at a workplace, school, or event, comply with company policies and professional ethics.
• Protect Children’s Privacy – Never share images or videos of minors without parental or guardian approval.
• Avoid Harmful or Embarrassing Content – Resist the urge to post images or videos that could expose someone to ridicule, trolling, or mental distress.
• Think Twice Before Posting – Once an image or video is online, controlling its spread becomes nearly impossible. Make sure your content does not violate someone’s rights before sharing.
• Be Aware of the Legal Consequences – The unauthorised distribution of images can result in cybercrime charges, defamation lawsuits, or privacy violations under Nigerian law.

Holding Social Media Platforms Accountable

Beyond individual responsibility, social media companies and tech platforms need to do more to regulate content shared on their platforms. Whenever users report non-consensual media for privacy violations, quick action should be taken to remove the content and prevent further harm. Stronger policies on digital privacy and media sharing can help create a safer online space for everyone.

Final Thoughts: Respect, Responsibility, and Empathy

Photography and videography have become essential tools for communication and self-expression, but they come with responsibilities. Obtaining consent is not just a legal requirement; it is a sign of respect for people’s dignity and personal space.

Before you post that viral clip or photo, ask yourself: Would I be okay if this were me? The internet never forgets, and public ridicule’s emotional and psychological impact can be devastating. Let’s create a culture of ethical content sharing one where we protect and uplift each other rather than exploit and embarrass.