THE LAW, ONLINE HARASSMENT AND CYBERBULLYING: STRIKING A BALANCE BETWEEN FREEDOM OF SPEECH AND WHAT CAN BE CRIMINALISED

Abstract

The rise of digital communication technologies has amplified human expression, but it has equally opened unprecedented avenues for abuse, harassment, and psychological violence. Online harassment and cyberbullying now pose grave threats to personal dignity, mental health, and social cohesion. However, attempts to regulate harmful online conduct frequently collide with the constitutional guarantee of freedom of expression. This paper interrogates the delicate balance between protecting individuals from digital harm and safeguarding free speech in a democratic society. It examines Nigeria’s legal framework - particularly the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 - and critiques its enforcement vis-à-vis constitutional and international human rights standards. Drawing on comparative jurisprudence, the paper proposes a rights-sensitive model that criminalises conduct, not opinion, and that fosters accountability without suppressing legitimate expression.