What Amounts To Defamation In Nigeria?

Defamation in Nigeria is a serious crime that has legal implications. This article seeks to sensitize every Nigerian citizen on what could lead to defamation.

The defamatory possibilities involved in publications and statements generally have compelled the need for a framework for regulation and effective monitoring. These laws are in place to manage the spread of spurious content of human character, particularly in this digital age.

Defamation in Nigeria is both a crime and a tort in Nigeria. S.378 of the Criminal Code criminalizes defamation in Nigeria making it an offence.

What Is Defamation?

Defamation is any matter likely to damage the reputation of any person by exposing the person to hatred, contempt, ridicule, or likely to damage any person in his or her trade or profession by injury to his reputation.

However, defamation as a tort can be classified into two forms – libel or slander.

Let’s examine each of them.

What Is Libel?

A libel is a publication in writing that is defamatory. In other words, a libel is a written defamation.

What Is Slander?

Slander is an oral form of defamation. In this case, verbal statements are alleged to be defamatory, this is referred to as slander.

How To Identify Defamation

A defamatory allegation must be defamatory to the general public and not just a section of the public.

Additionally, not all statements would qualify as defamatory. For example, vulgar abuses would not amount to defamation.

In light of the above, you might want to be mindful of the things you tweet, say or comment on trendy issues concerning any individual. You may be liable for defamation and prosecuted accordingly or sued for damages.

References

1 https://www.google.com/url?sa=t&source=web&rct=j&url=https://nigeria.action4justice.org/legal_areas/right-to-freedom-of-expression-2/what-are-the-other-limitations-of-freedom-of-expression-under-nigerian-law/&ved=2ahUKEwjxpsShgpX-AhXDgP0HHZMhBkMQFnoECCcQAQ&usg=AOvVaw1gcS1uMAPUSz_3WfhGTGIo accessed on April 6 2023

2 https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.article19.org/resources/nigeria-prohibitions-on-false-news-and-criminal-defamation-should-be-repealed/&ved=2ahUKEwjG8Je5hJX-AhXN7rsIHZUWATA4ChAWegQICBAB&usg=AOvVaw1kkuifA3EMRHf9OXJLM1Tn accessed on April 6 2023

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