Name and Shame Is It Legal
However, the ICO is not allowed to award compensation to individuals directly affected by a data breach. In a case like booking a restaurant, where the breach was not only intentional, but also malicious, a victim may want to take further action. If the ICO has found an organization guilty of a data breach, lawyers can work with the evidence it presents to file a private lawsuit. It is not absolutely necessary to go to the ICO first, but their conclusions can strengthen any claim. If someone uploaded a photo of you with a nasty comment on social media, would you call it public shame, cyberbullying, or both? If the goal is to humiliate, shame or hurt someone, most may argue that this would qualify as cyberbullying. There is a punishment for every crime, and publicly dishonoring a criminal could be a punishment. A criminal is different from a suspect and, as such, the denunciation and shame of a criminal cannot apply to a criminal suspect. This work answers that question; “Naming and humiliating suspects: lawful or illegal?” It examines the definition of “naming and humiliating”; the status of a suspect; the practice and threat of whistleblowing in Nigeria; and the legality of naming and humiliating suspects in Nigeria. In addition, the book briefly focuses on whether a conviction is a public denunciation; and whether all convicted persons can be named and humiliated.
Taking the case to social media may be considered brave and courageous by the general public, but could legally cost the victim dearly. The rise of #MeToo and #IBelieveHer movements that offer solidarity to victims exist and take place mainly on social media. While the intention is to create a safe space for comfort, responsibility, and possible justice, this is not what materializes in relation to the law. When this potential customer made her reservation, she probably didn`t bet on sharing her personal information on the internet. And while customers who don`t show up are undoubtedly a real problem for restaurants, the owner`s decision to name and blame the customer was not just a bad etiquette, but a serious invasion of her privacy. The use of personal data is currently governed by the Data Protection Act 1980. This law is designed to protect the storage of personal data, and its rules apply to any public or private organization that has access to third-party data. While data may seem like a very technical term, it actually covers all sorts of personal information – from things like name, address, or ethnicity to more sensitive documents like religious beliefs, expressions of opinion, and sexual orientation.
Suspects across Nigeria are presumed innocent until a court decides otherwise. Therefore, no person, group or government in any part of the world has the power or authority to name and blame a suspect in Nigeria for a crime. Naming and humiliating is a punishment for crimes and, as such, these are the claims of only some convicts in Nigeria, such as sex offenders. Therefore, an innocent person, group, company or institution should not be named and humiliated. All suspects in Nigeria are innocent and should never be named or humiliated. Naming and embarrassing a suspect is a flagrant violation of their basic human rights. It is also a violation of several civil rights of the suspect. Naming and embarrassing a suspect is also a civil injustice and a crime in itself. Whistleblowing and shaming suspects is illegal in all parts of Nigeria and on all issues, including national security issues. And if you want to avoid being publicly humiliated, practice acting like someone is pointing their camera directly at you when you`re in a public space.
Treat others the way you want to be treated and always behave in a way that you don`t mind seeing yourself live on TV. The various laws prohibiting sexual and gender-based offences in the states of Nigeria also contain provisions relating to the maintenance of sex offender registers. They also made the names and information of sex offenders public and named and shamed perpetrators. These are the most popular naming and shame practices in Nigeria today. Whether such a practice is lawful or illegal is one of the issues discussed in the next section. Naming and shaming means “publicly saying that a person, group or company has done something wrong.”  It is a form of public shame used to mobilize public opinion against certain types of behavior or companies and, in turn, to discourage them. The practice takes place both nationally and internationally, where whistleblowing is often used to denounce unfair trade practices or human rights violations.  The Cambridge Dictionary defines “the activity of publicly stating that a person or company, etc. has behaved or behaved unlawfully”. Among the most popular words/phrases in Nigeria is “naming and humiliating”.
The phrase owes its recent popularity to the Nigerian federal government. The Federal Ministry of Labour of Nigeria is headed by a lawyer, Senior Advocate of Nigeria and former Governor of Lagos State; Mr. Babatunde Fashola, SAN. Recently, public media reported that Mr. Fashola threatened to name and blame defaulting contractors hired by the federal government. While sharing your experience may be permitted by law if no details of the case are made public, it is illegal to name and blame the alleged perpetrator,” Schwarz said. When you share your information with an organization, you trust that that information will be used and stored correctly. It`s not just social kindness – it can represent a legal relationship. The organization has a duty to you. If this obligation is breached and this breach results in a loss to you, you may be entitled to compensation.
There is evidence that denunciation and shame can reduce atrocities and push the aforementioned and shameful governments to improve their human rights records.     However, some researchers question whether naming and shaming actually has the desired effects.    A Cardiff restaurant recently made headlines after its owner went on Twitter when a customer missed his booking. The screenshot of the booking, posted on Twitter, revealed the guest`s name, phone number and email address. The post not only revealed his personal data, but also triggered a barrage of abuse from other users of the social media site. The experience of shame can have catastrophic side effects. The person who becomes ashamed may lose psychological devastation, death threats, or employment because of the incident. The person who commits the shame may also face retaliation and negative consequences in their own life – in some cases, including civil or criminal prosecution. “If an alleged sex offender is named and humiliated online by an alleged victim without having been convicted by a court of such a crime, various remedies are available to the defendant, such as the charge of defamation (pecuniary damages due to damage to reputation) or the charge of violation of the crime (injury to dignity),” Schwarz explains. In short, the answer is that yes, public shame online is legal. However, there are many exceptions to this generalization, such as: Although modern culture does not generally turn to physical forms of public shame, we have developed similar cruel shame tactics that use modern technologies: namely, the Internet. For more recent examples of public shame, look no further than Monica Lewinsky, the intern who had an affair with then-President Bill Clinton — or Steven Bartman, who attempted to catch a foul ball during the 2003 National League Championship baseball game (which, according to some fans, cost the Cubs the win and the championship).