A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Elements Of Defamation In Nigeria In Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
A statement must have the following effect to be defamatory: Lower the person in the estimation of right-thinking members of society generally. Expose him/her to hatred, contempt or ridicule. Cause other persons to shun or avoid him/her. Discredit a person's office, trade or profession; or.
Indian Penal Code (IPC) section 499 makes it unlawful to communicate any false information about an individual to harm their reputation and the prescribed maximum punishment is two years.
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence ; and 4) damages , or some harm caused to the reputation of the person or entity who is the ...
2 It is any statement that is calculated to expose to hatred, cause avoidance, shunning, contempt, ridicule, or conveying imputations that are injurious to a person's office, profession, trade or business. 3 Defamation is both a tort and a crime under Nigerian law and may be in verbal or written form4.
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.
Unlike most civil claims where the suit must be filed in a court having jurisdiction in the territory where the defendant resides or carries on business, an action founded on online defamation can be instituted in the High Court exercising jurisdiction in any State where the defamatory publication was viewed or ...
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.
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)
Section 375 of the Criminal Code Act states that anyone who knowingly publishes false defamatory matter is guilty of a misdemeanor and can face up to one year in prison. Section 391 of the Penal Code Act (for Northern Nigeria) provides for criminal liability when defamation is intended to cause harm.
2 It is any statement that is calculated to expose to hatred, cause avoidance, shunning, contempt, ridicule, or conveying imputations that are injurious to a person's office, profession, trade or business. 3 Defamation is both a tort and a crime under Nigerian law and may be in verbal or written form4.
