Rise of Online Prostitution and the Need for Criminal Code Reform

Prostitution in the Digital Age

The landscape of prostitution is evolving rapidly due to the rise of social media and online platforms, especially in Nigeria, where 36.75 million people were active on social media as of January 2024, comprising 16.2% of the total population. This digital transformation raises critical legal concerns, particularly regarding the Criminal Code Act and its outdated definitions.

Defining Prostitution: The Limitations of the Criminal Code Act

Section 1 of the Criminal Code Act of Nigeria defines prostitution as:

"prostitution" (with its grammatical variations and cognate expressions) includes the offering by a
female of her body commonly for acts of lewdness for payment although there is no act or offer of an
act or ordinary sexual connection;

The key elements of the definition highlight several important points:

Broad Scope: The term "prostitution" is established with broad language that encompasses "acts of lewdness for payment." This implies that any act deemed lewd, regardless of context or medium, falls under the umbrella of prostitution.

Gender Specification: The definition specifically mentions "the offering by a female," which indicates a targeted focus on the actions of women, but the inherent lewdness for payment still applies regardless of context (physical or virtual).

No Requirement for Physical Sexual Connection: The clause that states there doesn't need to be "an act or offer of an act of ordinary sexual connection" further broadens the interpretation. It means that even if the acts are not explicitly sexual in a traditional sense but are still lewd and for payment, they could still be classified as prostitution.

Platform Neutrality: The definition does not specify that lewd acts must occur in a physical location (e.g., a brothel); thus, it can be argued that it applies equally to online platforms. The lack of clear distinctions between offline and online allows for legal interpretation that can encompass digital solicitation.

Potential Challenges fo the Definition of Prostitution Under the Crimnal Code Act

Despite the broad nature of the definition, there are several challenges that may arise in its enforcement:

Changing Context: As society progresses, the emergence of social media and online platforms complicates traditional understandings of lewdness and prostitution. Without specific legal language that addresses online activities, enforcement may become inconsistent.

Omissions in the Law: If the law does not explicitly mention online activities, it may lead to challenges in prosecution or enforcing regulations against online prostitution, as those engaging in such acts may exploit these loopholes.

In summary, while the provided definition has the potential to criminalize acts of lewdness in both physical and online contexts, the efficacy of enforcement relies on how updated and clear the legislation is in addressing the evolving digital landscape. It highlights the urgency for lawmakers to adapt existing definitions to modern realities to ensure comprehensive legal protection and accountability.

The Absence of Online Terminology in the Definition of Brothel

The Criminal Code Act defines brothel as:

brothel" means any premises or room or set of rooms in any premises kept for purposes of prostitution;  

Notably, the Criminal Code Act does not incorporate terms like 'online' or 'internet' in its definition of brothel which are crucial in today’s context. This omission prevents lawmakers from adequately addressing this evolving issue, leading to a significant gap in the legal prevention of online prostitution.

Online Platforms as Modern Brothels

Social media, apps, and various websites have emerged as prevalent venues for prostitution, allowing individuals to solicit customers without the constraints of physical premises. These platforms facilitate the exchange of money for sexual content, often normalizing illicit activities in plain sight. The law, however, remains silent on these digital interactions.

Fearless Solicitation: Female Sex Workers Operating with Impunity

Certain females have begun to boldly solicit clients online, operating with a troubling sense of fearlessness and impunity. With little to no fear of legal repercussions, they openly advertise sexual services on social media and messaging platforms, showcasing their disregard for legal boundaries. This alarming trend illustrates a culture of normalization surrounding online prostitution, fostering an environment where individuals feel emboldened to engage in unlawful activities without the threat of prosecution.

Lewdness Under the Guise of Content Creation

Many individuals engaging in online prostitution often disguise their activities as 'content creation' utilizing platforms like social media to display lewd acts aimed at attracting clients. This practice allows them to bypass traditional definitions of prostitution and evade scrutiny. By curating an online persona that emphasizes provocative content—such as suggestive photos, videos, or explicit interactions—they draw in potential customers under the pretense of entertainment or artistry.

The Slay Queen Phenomenon

A notable trend within this context is the 'Slay Queen' phenomenon, where young women present themselves as glamorous, fashionable individuals often showcasing lavish lifestyles on social media. These Slay Queens frequently employ lewd acts—such as suggestive posing or provocative dance videos—to captivate their audience and generate interest. Their lifestyles are allegedly funded through various means, including gifts or direct payments for sexual favors, which may not be overtly acknowledged in their posts.

The Legal Gray Area of Slay Queens and Prostitution

Even if Slay Queens are generating income from lewd acts, often compensated by platforms for content creation, this raises important legal questions regarding their activities. Does the monetization of lewd content excuse their actions from the definition of prostitution, which explicitly forbids engaging in lewdness for payment? This ambiguity creates a challenging legal landscape where individuals appear to operate in a gray area, evading the stipulations of the law while still participating in behaviors that align closely with traditional forms of prostitution. The confusion surrounding these definitions complicates enforcement efforts and highlights the urgent need for legislative reform to address the realities of online exploitation.

Behind-the-Scenes Negotiations in Direct Messages

Once potential clients are engaged, many negotiations usually occur privately through direct messages (DMs), where the terms of the sexual encounter are discussed away from the public eye. This clandestine form of communication enables individuals to negotiate prices, services, and conditions without the worry of immediate legal repercussions. 

In this hidden environment, clients may be more willing to discuss specific lewd acts and finalize arrangements, further embedding these transactions into the fabric of everyday online interactions. The ability to conduct negotiations in a discreet and private manner enhances the appeal of such offerings, creating a significant challenge for law enforcement and regulators trying to address the issue of online prostitution.

Protecting Young People: The Urgency for Change

The rise of online prostitution raises urgent concerns about the protection of young individuals from sexual exploitation. Initiatives such as Project Safe Childhood—launched in the United States in 2006—reveal a growing recognition of the need to combat child sexual exploitation. This initiative has led to a 40% increase in prosecutions related to online sexual offenses, highlighting the dire nature of the issue.

A Call to Action for Lawmakers

Given the evidence of increasing cases of sexual exploitation online, it is imperative for Nigerian lawmakers to reconsider and amend the Criminal Code Act. By including definitions that encompass digital platforms and activities, the law can better protect vulnerable populations and reflect the realities of modern society.

The rise of online prostitution presents complex legal challenges that must be addressed through effective legislative reform. As Nigeria continues to grapple with the implications of its digital age, it is crucial for lawmakers to adapt existing laws to ensure proper regulation and protection against exploitation. Only through proactive legislative action can society safeguard its members, particularly the youth, from the heightened risks associated with online activities.