Tortious Liability of Social Media Platforms for User-Generated Content in Nigeria: A Gap Analysis

The proliferation of user-generated content on social media platforms in Nigeria has created a growing category of private law harms including defamation, harassment, misinformation, and identity theft for which platform liability remains analytically unresolved. This study analyses the tortious liability of social media platforms for user-generated content in Nigeria, examining the applicable principles of defamation, negligence, and product liability alongside the statutory framework of the Cybercrime (Prohibition, Prevention) Act 2015 and the Nigeria Data Protection Act 2023. Using a doctrinal and comparative methodology, the research reviews 20 social media tort claims decided by Nigerian courts between 2019 and 2024 and conducts interviews with 25 technology and media lawyers in Lagos and Abuja. The study evaluates whether the notice-and-takedown model currently used by platforms provides adequate protection for Nigerian users, comparing the Nigerian position with platform liability frameworks in the European Union, United Kingdom, and South Africa. Findings reveal a significant analytical gap in Nigerian law regarding intermediary liability, with no clear statutory safe harbour for platforms and no defined duty of care in the handling of harmful content. The research provides an original gap analysis of platform liability in Nigerian tort law. Recommendations include enactment of an Online Safety Act with clear platform liability standards, mandatory content moderation obligations for large platforms, and a user-accessible fast-track process for removal of harmful online content in Nigeria. Keywords: social media, platform liability, defamation, user-generated content, online safety