By Folarinwa Aluko
Ada had always admired Prado, the viral TikTok sensation known for his ‘Gold Digger’ loyalty test skits. As a 2nd year undergraduate, juggling school and dreams of making it in Nigeria’s entertainment industry, she was thrilled when Prado messaged her to take up a role in one of his videos.
At the studio shoot, Prado was all smiles.
“Just a quick scene,” he said, “You’ll be in a towel—nothing too revealing. It’s normal. Probably won’t even make the final cut.” Nervously, Ada agreed. Wrapped in a red towel, she did her scenes, uncomfortable, but Prado and the crew laughed it off, “It’s normal”
She trusted them.
It’s one week after the show, her phone has been buzzing all night.
Its morning now, half-awake, she unlocks it and freezes- the sleep escaping from her eyes instantly. In her dm was a video thumbnail with a freeze-frame of Ada in the red towel. Her heart sinks as she sees the title “Hook-Up Babe Loyalty Prank Gone Wrong!!!”
The thumbnail clearly showing Ada appearing to take her towel off in front of an edited image of a smirking co-actor. It had Fifteen million views.
Fifteen million views!!!
Her eyes cloud as she scrolls through the comments. Some laughed, others leered.
“Olosho! She’s definitely guilty.”
“Girls of nowadays, all they know is hook up!”
“Repent and give your life to God”
There were messages from Friends, Classmates and Lecturers.
When Ada confronted Prado, he shrugged. “This is how it works. People love drama—it’s good exposure for you.”
Depictions of nudity have become an integral part of Nigeria’s fast-growing entertainment industry. The use of nudity in viral skits, movies, pranks, and other online content often conflicts with Nigeria’s culturally conservative values, where modesty is highly regarded. This conflict has sparked public debates around empowerment, morality, and artistic integrity. While some viewers appreciate the emotional depth nudity can add, others see it as taboo, clashing with traditional or religious values.
Actresses (and Actors) asked to appear in scenes involving nudity or sexually suggestive behavior often don’t know how they will be depicted in the final edit. Nudity Riders are contractual addendums that outline the specific conditions under which performers may appear nude, semi-nude, or engage in simulated sexual acts, ensuring that they are fully informed and consenting. Obtaining informed consent is paramount for Producers and Directors, especially in an environment where cultural and religious norms place a high value on performative modesty.
This underscores the importance of responsible portrayals of nudity, which, when handled carefully, can illuminate social issues, promote understanding, and foster constructive dialogue. Nudity Riders allow Producers and Directors to strike a balance between exploring complex human experiences and respecting the values of both the performers and the public. By setting clear boundaries, a Nudity Rider protects the rights of performers and facilitates responsible filmmaking.
Protection under the Copyright Act
The Copyright Act, 2022, plays a crucial role in protecting the rights of performers in Nigeria’s entertainment industry. Under Part VIII, Performers, including Actors and Actresses, are granted legal protections for their performances. For example, the Act protects the right to control how their performances are used in movies (Section 63) and the right to object to any distortion, mutilation, or derogatory depiction of their act (Section 66).
These rights are particularly relevant in scenes involving nudity or intimacy, where the representation of the Actor must adhere strictly to the agreed terms. These considerations are a major factor in negotiating and drafting the terms of a Nudity Rider.
Core Elements of a Nudity Rider
In film law, Nudity is defined to include full nudity, semi-nudity and simulated intimacy. Some core elements of a Nudity Rider include:
Full Disclosure
A key aspect of any Nudity Rider is the requirement for full disclosure by the Production Team. Before an Actress agrees to perform in a scene involving depictions of sexuality or nudity, the Director must provide detailed information regarding the filming process for the specific scenes, including who will be present, how the scene will be shot, and how it will appear in the final cut. This ensures that performers are not misled or pressured into performing scenes that may end up different from their initial understanding.
Section 66 of the Copyright Act safeguards an Actress’s right to object to any derogatory or manipulated portrayal of their performance, ensuring transparency throughout the production process. Transparency is essential to prevent misunderstandings. Emilia Clarke (Daenerys Targaryen from Game of Thrones) has spoken publicly about feeling pressured to perform nude scenes under unclear terms. Such situations can be avoided by ensuring that the Nudity Rider explicitly outlines all relevant details.
Body Doubles
The option of using Body Doubles should be a key negotiation point when drafting a Nudity Rider. Body Doubles step in during scenes when an Actor feels uncomfortable with certain shots. In scenes involving nudity or intimacy, the Actor should have the right to approve the designated Body Double, as the double represents the Actor’s persona on screen.
The right to approve is reinforced by Section 63 of the Copyright Act, which grants performers control over the portrayal of their image in audiovisual works. To maintain consistency, any terms agreed upon by the Actor must equally apply to the body double. This ensures that the portrayal remains true to the Actor’s persona, avoiding any unintended exploitation.
For example, the Netflix series “Shanty Town” stirred public outcry when a nudity scene involving Actress Nancy Isime sparked controversy. Although a body double was reportedly used for the explicit shots, many viewers assumed it was the Actress herself.
This highlights the importance of clear communication and boundaries in the use of body doubles. Even when a body double is used, the Actor’s image can still be compromised if viewers are misled or if the scene exceeds the scope of the Actor’s consent. The backlash in the case of Shanty Town underscores the need for performers to have control over how their body and persona are represented, even when a body double is involved.
The Closed Set Rule
The Closed Set Rule creates a safe, controlled environment for Actors during intimate scenes, minimizing unnecessary exposure and protecting their dignity. Only essential personnel are allowed on set during these scenes, significantly reducing the Actor’s vulnerability.
The Copyright Act protects the Actor’s rights by ensuring that their image and personal dignity are not compromised, and the Closed Set Rule is a practical way to implement this protection. As illustrated by Margot Robbie during the filming of The Wolf of Wall Street, the Closed Set Rule provides a safeguard, allowing Actors to perform intimate scenes without unnecessary exposure to the crew.
No Still Photography
Another critical element for negotiation in a Nudity Rider is the prohibition of still photography during the filming of intimate scenes. Unauthorized still images are a form of reproduction and, if leaked, can severely harm the performer’s reputation.
Section 63 of the Copyright Act gives Actors the right to control the fixation and reproduction of their performances. In addition to this, any still photographs taken during filming without the Actor’s consent would be a violation of the Actor’s right to privacy and could lead to legal action.
Conclusion: Enhancing Ethical Filmmaking in Nollywood
The Nudity Rider is not just a legal formality; it’s a vital protection that ensures Actors’ dignity is preserved, while also giving directors the freedom to explore complex themes responsibly. As Nollywood grows on the international stage, adopting such frameworks will foster an industry where storytelling thrives, without compromising the rights of those who bring these stories to life.
By adopting protective frameworks like the Nudity Rider, Nollywood can continue to grow as an industry that balances artistic expression with the rights and dignity of performers. This not only sets a high standard for responsible storytelling but also ensures that Nollywood remains a respected player on the global stage.
Folarinwa is a Legal Practitioner and Partner in the Law Firm of Trumann Rockwood Solicitors
Fmaluko@trumann-rockwood.com
