Nigerian consumers have a constitutional right to review goods and services, but an Abuja-based lawyer, Helen Nma Dickson, has warned that the same review can lead to criminal charges under the Cybercrimes Act 2015.
Dickson, a managing partner at the Regent Legal Consult, in an interview with THE WHISTLER, said that the line between protected consumer speech and criminal defamation is being tested in high-profile cases, including the “Everlasting Bread” saga, the Erisco Foods Tomato Paste dispute, and a recent book review controversy.
Dickson noted that while the 1999 Constitution, the Federal Competition and Consumer Protection Act 2018, and the NCC Consumer Code of Practice guarantee consumers the right to complain, Section 24 of the Cybercrimes Act criminalizes online messages deemed “grossly offensive” or “false” for the purpose of causing “annoyance” or “needless anxiety.”
“An unhappy customer can transit to a criminal defendant because of a single heated caption or video,” she explained.
The legal practitioner advised consumers to distinguish between fact and personal attack, avoid labeling businesses “scam” without evidence, and retain digital proof such as payment receipts, chat logs, and photos of defective goods.
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“Before you hit the ‘share,’ or send button: Ask yourself, “am I reporting a fact, or am I attacking a person? Calling a business a ‘scam’ is a heavy accusation. Use specific descriptors instead: ‘The product received does not match the specifications advertised.’
“ Keep Your Receipts. Before you post, ensure you have a digital trail such as payment receipts, bank alerts, screenshots of the deal, pictures, chat logs etc.
“If the “Everlasting Bread” woman has a trail of where she had asked her supplier to pick up or replace the bread, it becomes invaluable evidence in her case.
“Keep the Tone Professional. Don’t go about insulting, harassing or threatening the vendor.
“State it as an Opinion: Use phrases like “In my experience” or “I found the quality to be…” to clearly frame it as a personal review,” she advised.
She warned that, “your lawyer will not guarantee your freedom of expression when you set up your ring light to talk or arrange your key pad to type yourself into prison.”
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