Appraisal of Digital Age Challenges: Cyber Torts and Privacy Rights in Nigerian Law

Abstract

The rapid advancement of digital technologies has transformed socio-economic interactions while generating complex legal challenges in protecting privacy and regulating civil wrongs in cyberspace. This study critically examines cyber torts and privacy rights within the Nigerian legal framework, assessing the extent to which existing laws address harms such as online defamation, cyberstalking, identity theft, and unauthorised data disclosure. Adopting a doctrinal and comparative methodology, the paper analyses relevant constitutional, statutory, and judicial authorities in Nigeria, drawing on insights from the United Kingdom, the United States, and South Africa. It also engages emerging issues, including artificial intelligence, big data, surveillance capitalism, cross-border jurisdiction, and platform liability. The findings reveal that Nigeria's legal framework remains fragmented, predominantly regulatory and criminal in orientation, and deficient in providing effective civil remedies. The absence of a coherent doctrine of cyber torts and limited judicial innovation further weakens protection for victims of digital harm. The study recommends recognising cyber torts, developing a comprehensive civil liability regime, and strengthening institutional and international cooperation to ensure effective privacy protection in the digital age.