Libel, Slander And Everything In Between
Last week, we wrote to you about Fundamental Rights, in celebration of international human rights day.(if you missed that, read HERE) One of the rights of every Nigerian citizen is the right to freedom of expression under section 39 of the Constitution. This means that as a Nigerian, the law allows you to hold opinions and to disseminate your ideas and thoughts freely.
The free expression of opinions by citizens is essential for the survival of a democratic government, however the line is drawn when such opinions and statements tend to damage the reputation of other individuals. The publication of oral or written statements that damage the reputation of another person is an unlawful act referred to as Defamation of Character.
Defamation has been in the news in recent times. Several events surrounding the subject have occurred of late. A good example is the lawsuit we wrote to you about some weeks back, where a Nigerian journalist was ordered by a British court to pay a huge sum in damages for defaming a British journalist. Also, recently activist Dele Farotimi was arrested and is currently awaiting trial for criminal defamation. It’s a little alarming how there are several other stories in the media on the same subject.
You see, a person’s reputation is one of his most valuable assets. Many people spend a larger part of their lives building solid reputations for themselves, so when a person’s reputation is damaged by false statements, it could have awful consequences such as; loss of goodwill in business and relationships, public condemnation, ostracisation, and many more.
In today’s newsletter, we would be examining Defamation under Nigerian laws.
Origins of Defamation
Nigeria’s defamation laws are rooted in both British common law, inherited during colonial rule, and statutory provisions that have evolved over time. While modern defamation law in Nigeria is primarily based on English common law, the concept of protecting reputation has ancient origins, with early legal systems like Roman law recognising defamation as an insult to personal dignity, actionable through civil remedies.
Under English law, defamation was treated as both a civil and criminal offense. Civil defamation allowed individuals to sue for damages by proving that a false statement harmed their reputation, with two key forms: libel (written) and slander (spoken). Libel was seen as more harmful due to its permanence.
Criminal defamation also existed, where offenders could face imprisonment or fines. However, as concerns over free speech grew, particularly in political contexts, criminal defamation became increasingly scrutinised and was eventually abolished in the UK by the Defamation Act 2013, shifting the focus to civil remedies.
In contrast, Nigeria retained both civil and criminal defamation, with criminal defamation still punishable under the Criminal Code Act.
What is Defamation?
Defamation is the intentional or unintentional damage to the reputation of a natural or a corporate person caused by a false and injurious declaration or publication.Any statement expressed orally, in writing or through the use of signs, symbols or objects, to the hearing or knowledge of third parties that can bring down the reputation of other persons, constitutes defamation.
As mentioned above, defamation is both a civil wrong and a criminal offence. This means that you can sue someone for defamation of character and you can also report the person to law enforcement agencies for the person to be arrested and prosecuted.
Civil Defamation
To institute a civil action against someone for defamation, you have to prove that:
- The person published a false and damaging statement about you
- The statement was communicated to a third party
- You suffered damages or losses as a result of the statement.
Criminal Defamation
There are three major laws that define defamation as a criminal offence and prescribe the penalties for it. They are: The Criminal Code Act, Penal Code Act and Cybercrimes Act. There are other laws such as the Defamation Law of Lagos State but we’ll be focusing on these three main laws for the purpose of this newsletter.
The Criminal Code Act provides that the publication of any defamatory matter is a misdemeanour punishable with imprisonment for a period of one year. However, if the person that published the defamatory content, knew it to be false at the time of publishing it, the penalty is a period of 2 years imprisonment.The Penal Code has similar provisions, it provides that the publication of defamatory materials is an offence punishable by two years imprisonment or a fine or both.
Under the Cybercrimes Act, section 24 prohibits the use of computer systems or networks to send false information. The penalty is a term of imprisonment for not more than 3 years or a fine of not more than N7,000,000 or both.
Types of Defamation
Defamation occurs in either or both of these forms: libel, which is the written form of defamation; and slander, which is the oral form of defamation.
Defences to Defamation
1. Justification or truth: If a person can prove that the statements that he/she published are factual, he/she would not be held liable for defamation of character.
2. Fair comment: This is an impartial observation, opinion or criticism on a matter of public interest. This defence mostly applies to the members of the press. For this defence to succeed, the statement must meet the following requirements:
The comment must be on a matter of public interest, i.e a matter that draws the attention of the general public;
- The statement must be a comment or an opinion, not an assertion of fact;
- The statement must be based on facts that truly exist and not speculations or fictitious ideas;
- The statement must have been made honestly, hence the maker expressed his genuine views on the subject; and
- The statement must not be motivated by malice.
3. Privileged statements: There are statements that are protected from legal action because of the circumstances within which they were made and in order to preserve public policy. These statements are classified into two categories:
a) Absolute privilege – when the makers of a statement are completely protected from all forms of legal action regarding the said statements. This include: statements made in parliamentary or judicial proceedings, and communications between lawyers and their clients.
b) Qualified privilege – applies when the statement is made in good faith, without malice, and in certain circumstances, such as during legal proceedings or when reporting on matters of public interest. If malice is proven, the defense fails.
4) Innocent dissemination: This is the distribution of a material without knowledge of its defamatory content by a distributor or seller. Examples include newspaper vendors, the owner of a library or bookstore, etc.
From paying damages, to fines, to imprisonment, the consequences of defamation of character are grave. This is why smart LawPadi readers are careful to only publish or disseminate factual and authentic information always.
Source- LawPadi
