A little voice whispered…..

“Fame can be fun until it flips. A moment ago you‟re riding on the rollercoaster of popularity, you blinked and you‟re before the court having a date and explaining why the „prank‟ or statement you made wasn‟t so funny after all.”

What about…..

“You only just hit the „post‟ button and suddenly, you don‟t know why you‟re going missing in a police van….iykyk”

The phrase “clout-chasing” is a commonly used phrase which originated (or rather thought to have originated) on social media around 2012. However the word „clout‟ in itself has been in use for centuries which connotes multiple meanings and synonymous interpretation. This word has been used to mean „Political influence‟ (in the 1860s), and evolved to mean popularity and coolness in the 2010s. Apparently, clout chasing can be defined as an intentional act of an individual to attain fame in a desperate manner.

It is unarguable that we are in the digital era where everything and all kinds of information are available online at everyone‟s fingertip. Not only does the internet space entertains the expression of everyone‟s imaginations, thoughts, and whatnots, the internet space, social media precisely, knows no bounds. Clout-chasing, the art of doing anything for likes, shares, and a taste for internet fame, has become a defining feature of social media era. From outrageous stunts to degrading comments, to questionable pranks amongst others, people are willing to push boundaries for viral glory. But what happens when those antics cross legal boundaries? At what point will the act of chasing clout turn to a legal battle? What will be the consequences? These questions and more will be examined below.

TYPES AND EXAMPLES OF CLOUT-CHASING

Clout chasing in itself has been ascribed to be a negative act of a person in attaining fame or popularity on social media, however, clout chasing is not necessarily an evil or immoral act as many thought. Clout chasing can be a strategic mechanism for brands, companies, and even legal firms to be in the spotlight and popularized their brands as well as reach broader audience. Thus, clout chasing is a two side coin, having a positive and negative side. The types of clout chasing include:

1. The Opportunistic Influencer: These are set of individuals who seize trending topics, viral moments, or controversies to boost their own visibility and engagement, leveraging on these trends to push themselves or their brands to the spotlight and reach wider audience.
2. Brand Riding a Wave: This refers to businesses or organizations that quickly align their marketing or products with trending cultural moments, hashtags, or viral events to capitalize on the public's attention. While this can sometimes be effective, it risks backfiring if perceived as tone-deaf or opportunistic.
3. Event Tagging: The act of attaching oneself or one's content to high-profile events, holidays, or trending occurrences—whether relevant or not—to draw attention and gain traction.
4. The Shock Jocks: These clout chasers rely on offensive or controversial opinions to spark outrage and engagement, believing that any attention, even negative, is good attention.
5. The Fake Flexers: This type flaunts wealth, luxury, or success they don‟t actually have—rented cars, borrowed clothes, or outright lies about their lifestyle, all for the illusion of status.

While the above are the types of clout chasing, few examples of relatable clout chasing will be highlighted below.

1. Sharing everyday life online in an attempt to gain reputation.
2. Harassing celebrities online or calling out celebrities making different allegations just to gain popularity.
3. Using unrelated hashtags during major events or posting about a trending topic to gain visibility.
4. Pranking people and asking or conducting unsolicited interviews all in the name of creating content.
5. Jumping on different challenge and games to improve and maintain visibility etc.

THE LEGALITY OF CLOUT CHASING ON SOCIAL MEDIA IN NIGERIA

In Nigeria, the legal framework in force concerns itself not with clout chasing by any citizens, in fact, the law provides for, and guarantees the fundamental right of citizens to freedom of speech; freedom of expression, thought, conscience and religion; right to private and family life (if chosen to be kept private) etc. These rights are provided under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended). With this provision of the constitution, everyone is allowed to express their thoughts, share their views or opinions on different subject matter on the social media space. However, the question is “Is the freedom of expression absolute and at what point will the law intervene when a person encroaches on the right of another?”

It is pertinent to state that the right to freedom of expression is so much guaranteed in Nigeria, only that the right after this freedom of expression is however, not guaranteed. The freedom of expression is not absolute; the law intervenes when a person exercising this right encroaches on the right of another or become a source of disunity, chaos, quagmire and lawlessness. The court in several cases have held that it is important for a person to know that while he/she exercises his fundamental right of expression, it is imperative that the person does not also trample on the right of another. In the case of Patrick Elohon v. FRN, the court stated that the right to freedom of expression on social media is guaranteed and not be restricted without just cause. The court in A.G Abia state v. Ubani also ruled that the defendant‟s right to freedom of expression was not absolute and could be held liable for defamation. Also, in the case of okedara v. A.G Lagos state, the Court of Appeal dismissing a challenge and affirming the decision of the Federal High Court relating to the constitutionality of section 24(1) of the Cybercrime Act, 2015 (now Cybercrime (Prohibition, Prevention,etc) Amendment Act, 2024) held that the provision of the act making it an offense to send a message via a computer system which was “grossly offensive, pornographic or of an indecent, obscene or menacing character” or to send a message……..of “causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another……” to be clear, explicit, valid and not in conflict with the provisions of section 36(12), 39 and 45 of the 1999 Constitution. Also, in Times Publishing Company v. Carlisle, the Court stated that “good name is amongst a man‟s priceless possessions….” Thereby insinuating that any untrue statement made by a person about another person is capable of tarnishing a man‟s good name and that constitute defamation which is actionable.

Clout chasing in itself is not the business of the law as earlier stated, however, it will become the law‟s business when a clout chaser goes overboard to encroach on the right of another by posting or publishing untrue or defamatory statements about another or spreading false information that is capable of causing chaos in the society all in the course of attaining social media fame and just to be in the spotlight. The Nigerian government has ensured that several laws and regulations are put in place to combat the misuse of the right to freedom of speech guaranteed under the constitution and to ensure deterrence from such act. Not only does the Cybercrime Act provides various criminal limitations to the exercise of freedom of speech which many are leveraging on to chase clout, it also spells out the various punishments for defamation, slander, libel and other outrageous acts of a clout chaser using all and any means to gain popularity. Other legislation that criminalizes these acts is the criminal/penal code.

It is important to state on the issue of defamation that it can also be done by security agencies like the Police, Army, Economic and Financial crimes commission (EFCC) and other agencies on social media platforms. In the case of Nasiru Saidu Ali V EFCC, Justice John Okorowo of the Federal High court Abuja awarded damages of N5m damages against the Economic and Financial Crimes Commission for wrongfully parading aPhotographer Nasiru Saidu Ali popularly known as Kozzo, as a fraudster. He was paraded along other alleged internet fraudsters and his pictures posted on social media platforms. He was later released after his innocence was established but he dragged the Anti- graft agency to court for criminal defamation. And the court in Basorun v Ogunlewe held that defamation spoken or written is always actionable and even if not damages is not proven, the law would infer damages.

There have been some cases of clout chasing that have led many in trouble over the time. Some of these cases includes;

1. The Dammy krane and Davido defamation saga
2. Prophet Jeremiah fufeyin and Verydarkman saga
3. Speeddarlinton and Burnaboy
4. Verydarkman and the Falanas

Apart from the legal implication that can arose from clout chasing through defamation, slander and libel as mentioned earlier, a clout chaser can also get into other troubles of bad reputation, loss of customer‟s trust for one‟s brand or business, distrust from friends and family amongst other. Although, not only does clout chasing has negative effects, there are positive effects of clout chasing as well because as stated earlier, clout chasing is a two sides coin. A reasonable clout chaser can use trends, comments, opinions to gain social media popularity without necessary doing anything outside the purview of the law. For example, Daniel Regal became popular on social media for his constructive criticism on celebrity‟s posts and all. Also Verydarkman became popular for calling out the bad actions of celebrities as well as politicians without necessary being offensive about it but rather, he always tries to be constructive about his criticisms. Veekee James is another person who became popular trying all means to make her brand visible. There are other comedians, actors/actresses (Funke Akindele is an example as well), content creators amongst others who sees opportunities to promote themselves and their brands through tiktok challenges and other trends on social media. Social media if properly and legally leveraged on, is capable of making an individual popular, helps in building reputation for oneself and one‟s brand, disseminate information to educate the public, and most importantly makes one rich through the monetization of different social media platforms.

CONCLUSION

Apparently, it is arguable that some of the acts by individuals highlighted above cannot be termed as clout chasing, however, in my opinion, I believe every actions done by individuals on the social media space has a specific goal(s) expected to be achieved either to gain more followers, boost visibility , or attractscustomers. One way or the other everyone is doing something to intentionally or unintentionally achieve something for themselves or their business. Some persons term this as “PR” but regardless it is a form of clout chasing. As rightly said, clout chasing is not necessarily an evil or offence under the Nigerian law, even though negative energy has been attributed to the phrase. However, in all that is to be done on the social media space, it is important that individuals take proper precautions to avoid legal or non-legal troubles.