Defamation is the act of harming the reputation of another by making a false statement to a third person. Defamation also is the publication of statement which tends to lower a person in the estimation of right thinking member of the society. Defamation of character in Nigeria is a civil wrong that occurs when one person makes false statements about another person that damages their reputation or causes them harm.
TYPES OF DEFAMATION
There are two types of defamation namely;
Libel .
Slander.
Libel is a form of defamation that occurs when false statements are made in a permanent form, such as in writing or on social media, by pictures. Libel is not merely an actionable tort or also a criminal offence.
Slander, on the other hand, is a form of defamation that occurs when false statements are made orally or in some other temporary form. Damage in slander are not presumed but must be proved by the plaintiff. Slander is a civil injury only. Slander is actionable only in prove of actual damage.
In Nigeria, the law of defamation is primarily governed by the common law and the Defamation Act of 1961. The Defamation Act provides that a person who publishes defamatory matters about another person is liable to the person defamed unless the publication was privileged.
To establish a claim for defamation in Nigeria, the plaintiff must prove that:
The statement was defamatory;
The statement referred to the plaintiff;
The statement was published to a third party; and
The publication of the statement caused damage to the plaintiff’s reputation.
If these elements are proven, the plaintiff may be entitled to damages, an injunction to stop the publication of the defamatory statement, and an apology or retraction.
It is important to note that truth is a defense against a claim of defamation in Nigeria. If the defendant can prove that the statement was true, it may not be considered defamatory. Additionally, there are certain privileges, such as fair comment, that may also provide a defense to a claim of defamation.
Overall, defamation of character is taken seriously in Nigeria and can result in legal action and significant damages for the plaintiff.
Defamation of character can occur in many contexts in Nigeria, including in the workplace, online, or in the media. For instance, an employer who makes false and damaging statements about an employee’s performance or character may be liable for defamation. Similarly, individuals who post false and damaging information about someone on social media platforms or online forums may also be held liable for defamation.
To bring a claim for defamation in Nigeria, the plaintiff must file a lawsuit in a court of law. The lawsuit should include the details of the defamatory statement, the harm caused to the plaintiff, and the relief being sought. The defendant will then have the opportunity to respond to the allegations and may also raise defenses, such as truth or privilege.
Defamation cases in Nigeria can be complex, and it is essential to seek legal advice if you believe that you have been defamed. A lawyer can help you understand your rights and guide you through the legal process. It is also important to note that there are time limits within which a defamation claim must be brought, and it is advisable to act quickly to preserve your legal rights.
In addition to civil liability, individuals who make defamatory statements may also face criminal charges under the Criminal Code or Cybercrime Act. Under the Criminal Code, individuals who make false statements with the intent to harm someone’s reputation can be charged with criminal defamation. The Cybercrime Act also criminalizes certain forms of online defamation and provides for severe penalties, including fines and imprisonment.
Overall, defamation of character is a serious matter in Nigeria, and individuals who believe that they have been defamed have legal remedies available to them. However, it is important to seek legal advice and act quickly to protect your rights.
Under the Nigerian Criminal Code, making defamatory statements with the intent to harm someone’s reputation is a criminal offense. Section 373 of the Criminal Code provides that any person who publishes or circulates any defamatory matter with the intent to injure the reputation of any person can be charged with criminal defamation.
If convicted of criminal defamation under the Criminal Code, the penalties can include imprisonment for a term of up to two years, a fine, or both. The exact penalty imposed will depend on the severity of the offense and other factors, such as the defendant’s prior criminal history.
It is also important to note that there are certain defenses available to individuals charged with criminal defamation under the Criminal Code. For instance, if the defendant can show that the defamatory statement was true, they may be able to avoid a conviction. Additionally, if the statement was made in good faith and for the public benefit, it may penalties for the defendant. It is important to seek legal advice if you are facing charges of Criminal defamation, as a lawyer can help you understand the rights and defenses and guide you through the legal process.
