Comparative Study of Cybercrime Laws in Nigeria and China (The Constraining Dynamics)

Abstract

Cybercrime is a growing threat to security of life, property and transactions generally. The threat posed by cybercrime arises from the fact that criminals and fraudsters have realised the huge potentials of cyberspace and have consequently, replicated their nefarious activities in the physical world in ways that are unique to the cyberspace. To check aberrations arising from use of the cyberspace for criminal purposes, United Nations (UN) and various countries have made legislations to forestall criminal acts in the internet. It’s against this foregoing background that this paper comparatively, appraised legal constraints that may hinder efforts with implementing principal laws enacted to curb cybercrimes in Nigeria and China. From an analysing primary secondary data, this paper identified the constraints as jurisdiction matters, law enforcement, applicable laws, issue of evidence, courts and human rights concerns among others. Findings of this paper indicate that these constraints are real. However, the level of success in addressing the constraints varies in the two countries under consideration. As a developing country whose cybercrime law was only enacted in 2015, Nigeria has not acquired solid experience in the application of its cybercrime law. This is unlike China, a developed economy whose principal cybercrime law not only dates back to 1957 but is robust and has been tested. Among the recommendations is that all cadres of personnel that will administer cybercrime laws be trained to be computer, information and communication technology literate especially in Nigeria.