Libel And Slander In Nigeria In Allegheny
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FAQ
To succeed in a defamation claim, the plaintiff has to prove four elements: The defendant made a false and defamatory statement about the plaintiff; The statement was communicated to a third party, other than the plaintiff; The statement was made with fault, either intentionally or negligently; The statement caused ...
By the provisions of Section 375 of the Criminal Code Act, any person who publishes any defamatory matter is guilty of a misdemeanor and is liable to imprisonment for one year; and any person who publishes any defamatory matter knowing it to be false, is liable to imprisonment for two years.
For instance, Section 375 stipulates that “any person who publishes any defamatory matter, is guilty of a misdemeanour and is liable to imprisonment for one year; and any person who publishes any defamatory matter knowing it to be false, is liable to imprisonment for two years.
For a claimant to succeed in an action for defamation, the claimant must be able to prove: That the words were defamatory not to only to few members of the public but the general public. That the words referred to the claimant. That the words were published (to at least one person other than the plaintiff)
It is limpid from the above exposition that for a plaintiff's defamation claim to succeed in a Nigerian court, such a plaintiff must show that the statement complained of is defamatory, directed at him, and published to a third party.
Truth, or substantial truth, is a complete defense to a claim of defamation.
Defamation with Knowledge of Falsity: If someone knowingly makes false statements about another person, they could be sentenced to up to two years in prison. Defamation with an intent to extort (Section 376): This is treated as a felony, punishable by up to seven years behind bars.
Written defamation is called "libel," and spoken defamation is considered "slander," and they both fall under "defamation." In the US, defamation is not usually a crime. Instead, it is a "tort" or civil wrong. Under the law, a person who has been defamed can seek damages from the perpetrator.
