An Examination of the Liability of Internet Service Providers for Defamatory Content Under Nigerian Law

The growth of social media and user-generated online content has intensified debate about the liability of internet service providers and platform operators for defamatory material posted by third-party users, yet Nigerian law provides limited guidance on this question given the absence of specific platform liability legislation. This study examines how defamation principles under Nigerian law and the Cybercrimes Act 2015 apply to content hosted or transmitted by internet service providers and social media platforms. A doctrinal methodology analysing the Cybercrimes Act, Evidence Act, and relevant judicial decisions from 2018 to 2023, alongside comparative analysis of platform liability frameworks in the United States, European Union, and Ghana, was adopted. Practitioner interviews with 15 digital media lawyers in Lagos and Abuja were conducted. Results indicate that Section 24 of the Cybercrimes Act imposes broad liability for online defamation but is silent on ISP liability for third-party content. Court decisions have inconsistently applied republication principles to social media resharing. The study concludes that Nigeria requires a platform liability safe harbour framework that balances freedom of expression, efficient content governance, and defamation accountability. Recommendations include an Online Safety and Intermediary Liability Act that distinguishes passive hosting from active facilitation of harmful content and introduces proportionate notice and take-down obligations for platforms.

Keywords: defamation, internet service providers, Cybercrimes Act, platform liability, online content