Libel And Slander In Nigeria In Santa Clara
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To win a defamation case, the following elements must be proven: Falsity: The statement made must be false. Publication or Communication: The statement must have been made known to third parties. Malice: The statement must have been made with malice or ill intent.
Truth, or substantial truth, is a complete defense to a claim of defamation.
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)
Truth is the best defense to defamation. For example if sued for calling a person a criminal, then the defendant could produce a valid record of a criminal conviction, properly certified and exemplified and the defendant would probably be granted summary judgement.
Defenses in Cyber Libel If the imputation is true and is made with good motives and justifiable ends, truth can be a complete defense. Good faith publication in matters of public interest (e.g., commentary on the conduct of a public official) can also fall under this defense.
Truth is an absolute defence to defamation. The defendant must prove that the defamatory statements were, in fact, true. For instance, if the statements concern the quality of goods or services, the defendant could provide independent testing or other evidence supporting the truth of the claims.
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.
To sue a person in court, the services of a lawyer will be required to bring that action in a court. This is because an individual who is not a lawyer is not an officer of the court, and only a lawyer, who is an officer of the court, can institute an action in the court on behalf of an aggrieved party.
Although tortious defamation is the more common and widely discussed, in Nigeria, defamation is a dual-nature offense and can be both a civil wrong and a criminal act. In its civil form, defamation seeks to protect a person during their lifetime from the untainted possession of their reputation and good name.
