A CRITICAL ANALYSIS OF IMAGE RIGHTS PROTECTION IN A DIGITAL AND SOCIAL MEDIA ERA: NIGERIA IN FOCUS

Abstract

The advent of social media platforms and the growing digital environment have dramatically transformed the landscape of image creation, dissemination, and consumption. The visual content has become increasingly ubiquitous and easily shareable, questions of ownership, consent, and privacy have gained prominence. This article considers certain digital and social media trends, such as online behaviour, user-generated content/marketing campaigns, rise of influencer culture, and memes. This paper examined how these trends intersect with the image rights of individuals, exemplifying the challenges of balancing individuals' rights with the growing demand for creative expression and online engagement. The paper further embarked on a thorough examination of the existing legal frameworks in Nigeria and their effectiveness or otherwise in safeguarding individual image rights. The paper relied on a doctrinal research methodology in analysing the issues raised therein. It made several findings, including that the Copyright Act of 2022 and the Nigeria Data Protection Act are inadequate to protect the image rights of individuals. The paper recommended, inter alia, a special legislation for the protection of image rights, such as the Image Rights Ordinance of Guernsey, should be made in Nigeria.