The latest and biggest prank-gone-wrong news in Nigeria involves popular Oyo-based skit maker Trinity Guy who was arrested and remanded in prison for allegedly sexually exploiting a minor. In the short but disturbing viral video, the skit maker was seen engaging a 10-year-old girl in a conversation during which he asked the girl to describe his genitals. Although the video was planned, with the accused claiming to have received permission from the girl’s parents, Trinity Guy was at the receiving end of criticisms for involving a minor in his skit. While his case remains undecided in an Ibadan court, it has raised questions about the nature of pranks as content creation in the ebullient Nigerian entertainment industry.
Content creation has been on the rise for the past years, with its efflorescence largely due to the popularity of digital platforms such as YouTube, Instagram and TikTik which provide opportunities for their young users. Apart from pranks, other content forms are comedy skits, dances and interview videos.
As Krakowiak and Modliński (2014) put it, a prank, also known as a practical joke, is any ridiculous action done to entertain, amuse or ridicule a victim who does not expect to be the subject of ridicule at the time. Although pranks are meant to be fun and entertaining, they are likely to be perceived as insensitive because they may induce fear, harm or damage in the victim. Because a prank comes with an element of surprise and takes people unawares, it could instigate serious psychological stress and trigger health complications such as cardiac arrest or hypertension in the victim. Some pranks might also be tantamount to harassment or abuse, which puts the personalities of victims at stake and paints them in a negative light.
Pranksters in Nigeria include Koloboy, Teaser Prank, Zfancy, Alice Marve and MachiGold, and their pranks take different forms. For instance, in a Teaser Prank series, the prankster attaches a cucumber to his groins inside his shorts so that it makes a noticeable bulge that is easily mistaken for his erect manhood. He then moves around and converses with ladies, studying their reactions as he pretends to be unaware of the bulge. Even as seemingly superficial and harmless as contents of this nature appear, they could be interpreted as harassment.
The Nigerian law does not directly regulate pranks and other new digital forms. However, there are provisions of the law that safeguard against any harm or damage that may result from pranks. This makes prank videos a risky venture. Should the pranked person suffer any harm, the prankster will be held accountable and asked to face the music within the ambit of the law.
Lagos-based legal practitioner Chidi. C. Omenogor Esq. points out that: “It is in the light of changing circumstances like this that laws are reviewed. At present, pranks would be more of a question of morality rather than legality. By the virtue of the fact that the particular act is immoral, it would be easier to ascribe a certain illegality to it especially when it is established to be against public policies”.
In most parts of the world, the law is highly protective of minors, and any adult’s attempt to take advantage of a minor physically, sexually or emotionally is met with strict legal consequences. In 1959, the UN General Assembly adopted the Declaration of the Rights of the Child, which emphasizes the child’s rights to education, protection, health care, shelter and proper nutrition.
According to Section 29 (4) of the 1999 Nigerian constitution, a minor is any person under the age of 18. The minor’s interests are protected by the Child Rights Act (2003) which, as Nneamaka Onyema Esq. puts it, “guarantees the rights of all children in Nigeria, providing for the best interest of a child to be of paramount consideration in all actions.”
State laws in Nigeria follow in the footsteps of the National constitution, with their specific procedures for child rights protection. According to Section 35 (1) of the Oyo State Child Rights Law 2006, a person who sexually abuses or sexually exploits a child in any manner is guilty of an offence. Subsection (2) then recommends as punishment a jail term of fourteen years upon conviction.
“That the accused claimed he sought the consent of the parents is not valid. It would not fly in the face of the law. The child is under the protection of the law as a citizen of the Federal republic of Nigeria. Even the parents of the child must face the wrath of the law”, Chidi. C. Omenogor Esq. opines.
While the Trinity Guy case lingers, the lessons are extractable. In the quest for fame, engagements and financial rewards, content creators must conduct themselves responsibly. Whatever digital form (pictures and video) they choose to engage their audience with must be respectful of legal, moral and religious sensibilities of the society. It is high time content creators began to consult their lawyers before the release of any content whose legality is in doubt.