Liability of Internet Service Providers Under Nigerian Law

Abstract

This paper examines the role of Internet Service Providers as bridges and intermediaries between private persons, organisations and even government arms and the internet and the liabilities placed on them by the law with regard to wrongful acts of their subscribers or clients under the laws of Nigeria. It is common knowledge that actions against ISPs are commonest with defamation and infringement of copyright. The legal framework in the US and the UK are examined to determine if there are lessons to learn for Nigeria. The Nigerian legal framework also places some responsibilities on ISPs with regard to crime prevention and prosecution. This is because private rights are not yet much of an issue in the Nigerian cyberspace. The paper points out that much of the regulation governing ISPs liability in respect of civil matters do not have legislative power but are mere guidelines and suggests that the US and UK patterns have a lot to offer Nigeria.