Libel And Slander In Nigeria In Wake
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There are two forms of Defamation which are: Libel: This is a written or published false statement (e.g. online review, publication in books or newspapers, or print medias or social media post) Slander: This is a false statement made through spoken communication (e.g giving a defamatory speech)
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.
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.
For a statement to be defamation, such a statement must be untrue. Such a statement must also negatively affect the reputation of the person who has been defamed. A defamatory statement must do one of the following. Lower a person in the estimation of right thinking members of the society.
What are the remedies for defamation in Nigeria? If a person is a victim of defamation, he or she can seek various remedies to redress the harm caused by the defamatory statement. These remedies are: Damages, Injunction, Retraction, and apology.
A person who wishes to take legal action for defamation must be able to prove that they have suffered, or could suffer, 'serious harm'. If a corporation is suing for defamation, it needs to prove that it has suffered 'serious financial loss' as a result of the publication of the allegedly defamatory matter.
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.
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.
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)
