Non-Consensual Intimate Image Dissemination Under Criminal Law: A Doctrinal and Comparative Analysis of Consent, Privacy and Extraterritorial Jurisdictions

This article examines Non-Consensual Intimate Dissemination (NCID) under criminal law through a rigorous doctrinal and comparative analysis of consent, privacy, and extraterritorial jurisdiction. The study is situated within the context of a widely reported incident involving a foreign national who recorded consensual sexual encounters with African nationals and subsequently disseminated the intimate recordings on social media without their consent, thereby raising complex questions concerning the limits of sexual autonomy, digital privacy, reputational harm, and cross-border criminal accountability in the digital age. Employing a doctrinal research methodology, chosen because the study principally involves the analysis, interpretation, and evaluation of existing rules and judicial authorities, the article analyses relevant statutory provisions, constitutional guarantees, and judicial authorities within Nigeria, while drawing comparative insights from selected common law and international jurisdictions that have developed specific legislative responses to image-based sexual abuse. The findings reveal significant doctrinal ambiguities between consent to dissemination, alongside fragmented privacy protections, evidentiary challenges, and inadequate statutory recognition of image-based abuse as a distinct and aggravated criminal harm. The study further identifies structural challenges relating to territoriality and enforcement, particularly where offenders, victims, and digital platforms operate across multiple jurisdictions, thereby complicating investigation, prosecution, and victim redress. It argues that traditional criminal law principles concerning mens rea, harm, and jurisdiction require principled recalibration to effectively address technologically facilitated sexual exploitation. The article recommends the enactment of clear and comprehensive offences criminalizing non-consensual dissemination, the articulation of a rights-based and autonomy-centered understanding of consent and reasonable expectation of privacy, and the strengthening of extraterritorial jurisdiction and mutual legal assistance frameworks. It concludes that a coherent, victim-centered criminal justice response is imperative to safeguard dignity, equality, autonomy, and digital integrity