Nigerian lawyer based in Abuja, Helen Nma Dickson, has said that although Nigerian customers have the constitutional right to evaluate products and services, customer reviews could as well result in criminal prosecution under the Cybercrimes Act of 2015.
The lawyer, a managing partner at the Regent Legal Consult, revealed this in a recent interview with The Whistler, stressing that high-profile cases like the “Everlasting Bread” saga, the Erisco Foods Tomato Paste dispute, and a recent book review controversy are testing the boundary between criminal defamation and protected consumer speech.
An unhappy customer can transit to a criminal defendant because of a single heated caption or video,” she explained.
Dickson pointed out that although consumers have the right to file complaints under the 1999 Constitution, the Federal Competition and Consumer Protection Act of 2018, and the NCC Consumer Code of Practice, Section 24 of the Cybercrimes Act makes it illegal to send “grossly offensive” or “false” online messages with the intent to cause “annoyance” or “needless anxiety.”
She, therefore, warned that a consumer review should be properly double-checked for claims they want to make on a product.
“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”, she said.
“ 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.
She then made a reference to the case of the woman who was arrested and detained after making a video on the Bon Bread product, the ‘Everlasting Bread’.
“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.
“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”, she further warned.
Bon bread customer reviews video
Recall that ENigeria Newspaper reported that Bon Bread decided to take legal action on a woman who uploaded a video complaining about the nature of a bread which did not spoil after two months of purchase.
In a follow-up video, she claimed that Bon Bread had served her with a N50 million lawsuit. She added that even though she didn’t include a corporate name or emblem in the video, the brand nevertheless filed a lawsuit.
