The Law on Defamation in Nigeria

Defamation is a legal term that refers to the act of harming the reputation of another person by making false and malicious statements about them. This can have serious consequences for the victim, such as loss of dignity, self-esteem, business, and social relationships. Defamation can also affect the public interest, as it can undermine the credibility of public figures, institutions, and the media.

In Nigeria, defamation is regulated by various laws, such as the Criminal Code, the Penal Code, the Cybercrime Act, the Constitution, and the African Charter on Human and Peoples’ Rights. These laws aim to balance the right to freedom of expression and the right to protection of reputation, which are both fundamental human rights.

In this article, we will explain what defamation is, what are the types of defamation, what are the elements of defamation, what are the legal framework for defamation in Nigeria, what are the defences to defamation in Nigeria, and what are the remedies for defamation in Nigeria.

Contents

What is defamation?

What are the types of defamation?

What are the elements of defamation?

The Legal Framework for Defamation in Nigeria

The Criminal Code and the Penal Code

The Cybercrime Act and Defamation

The Defences to Defamation in Nigeria

The Remedies for Defamation in Nigeria

Civil vs criminal

Conclusion

Frequently Asked Questions

What is defamation?

Defamation is the act of communicating false statements about a person that result in damage to that person’s reputation. A defamatory statement is one that tends to lower a person in the estimation of other members of the society, or to expose him to hatred, contempt, or ridicule, or to cause other persons to shun or avoid him, or to discredit his office, trade, or profession, or to injure his financial credit.

The Nigerian courts have defined defamation as any written or printed article published of and concerning a person without lawful justification or excuse and tending to expose him to public contempt, scorn, obloquy, ridicule, shame, or disgrace, or intending to induce an evil opinion of him in the mind of right-thinking persons, or injure him in his profession, occupation, or trade is libelous and actionable, whatever the intention of the writer may have been. The words need not necessarily impute actual disgraceful conduct to the plaintiff; it is sufficient if they rendered him contemptible and ridiculous.

For example, if someone writes on a blog that a politician is corrupt, dishonest, and incompetent, without any proof or evidence, which could be considered defamation, as it could damage the politician’s reputation and public trust.

What are the types of defamation?

Defamation can be classified into two types: libel and slander. Libel is defamation in a permanent form, such as writing, printing, painting, broadcasting, or online posting. Slander is defamation in a transient form, such as spoken words, gestures, or sounds.

The main difference between libel and slander is that libel is actionable per se, meaning that the plaintiff does not need to prove any actual damage to his reputation, as the damage is presumed by law. Slander, on the other hand, is not actionable per se, meaning that the plaintiff has to prove that he suffered some special damage as a result of the defamatory statement, such as loss of income, customers, or contracts.

For example, if someone publishes a book that falsely accuses a doctor of malpractice, negligence, and incompetence, which would be libel, and the doctor could sue for defamation without proving any actual harm to his reputation. However, if someone verbally tells a friend that the same doctor is a quack and a fraud, which would be slander, and the doctor would have to prove that he lost some patients or income because of the false statement.

What are the elements of defamation?

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 damage to the plaintiff’s reputation, either actual or presumed.

For example, if a newspaper publishes an article that falsely accuses a lawyer of bribery, fraud, and perjury, and the article is read by many people, the lawyer could sue the newspaper for defamation, as he could prove that the newspaper made a false and defamatory statement about him, that the statement was communicated to a third party, that the statement was made with fault, either intentionally or negligently, and that the statement caused damage to his reputation, either actual or presumed.

The Legal Framework for Defamation in Nigeria

In Nigeria, defamation is regulated by various laws, such as the Criminal Code, the Penal Code, the Cybercrime Act, the Constitution, and the African Charter on Human and Peoples’ Rights. These laws aim to balance the right to freedom of expression and the right to protection of reputation, which are both fundamental human rights.

The Criminal Code and the Penal Code

These are the main laws that criminalize defamation in Nigeria. The Criminal Code applies to the southern states of Nigeria, while the Penal Code applies to the northern states of Nigeria. Both codes provide for various criminal offences and punishments for defamation, such as fines and imprisonment.

According to the Criminal Code, defamation is defined as “the publication of any matter, whether by writing, printing, word of mouth, or otherwise, which is calculated to injure the reputation of another, by exposing him to hatred, contempt, or ridicule, or which is calculated to injure his reputation in respect of any office, profession, calling, trade, or business which he follows, or in respect of any act done by him in the discharge of the duties thereof, or in respect of his character or conduct as a public or private individual, where such matter is published maliciously.” The Criminal Code provides for the following offences and penalties for defamation:

• Libel: Any person who publishes any defamatory matter is guilty of a misdemeanour and is liable to imprisonment for one year. If the defamatory matter is published in a newspaper or other periodical, the publisher, editor, and printer is also liable to the same punishment.
• Seditious libel: Any person who publishes any seditious libel is guilty of a felony and is liable to imprisonment for two years. A seditious libel is any defamatory matter that is intended or likely to incite violence, hatred, or contempt against the government, the president, the governor of a state, or the administration of justice, or to excite disaffection or disloyalty among the inhabitants of Nigeria, or to promote feelings of ill-will or hostility between different classes or races of the population of Nigeria.
• Defamatory words: Any person who speaks or sings any defamatory words is guilty of a misdemeanour and is liable to imprisonment for six months. If the defamatory words are spoken or sung in a public place, or in the hearing of the person defamed, the offender is liable to imprisonment for one year.
• Threatening letters: Any person who sends or delivers any letter or writing threatening to publish any defamatory matter concerning another person, with intent to extort money or any other thing of value from him, or to induce him to do or refrain from doing any act, is guilty of a felony and is liable to imprisonment for three years.

According to the Penal Code, defamation is defined as “an imputation concerning any person, intending to harm or knowing or having reason to believe that such imputation will harm the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.” The Penal Code provides for the following offences and penalties for defamation:

• Defamation: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person, intending to harm or knowing or having reason to believe that such imputation will harm the reputation of such person, is said, except in the cases hereinafter expected, to defame that person, and shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
• Printing or engraving matter known to be defamatory: Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
• Sale of printed or engraved substance containing defamatory matter: Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

The Cybercrime Act and Defamation

The Cybercrime Act is a law that was enacted in 2015 to address the challenges of cybercrime in Nigeria. The Act covers various cybercrime offences, such as hacking, phishing, spamming, identity theft, cyberstalking, cyberterrorism, cyberbullying, child pornography, and online fraud. The Act also provides for the protection of critical national information infrastructure, the promotion of cybersecurity, and the establishment of the Cybercrime Advisory Council and the National Computer Emergency Response Team.

One of the offences that the Act criminalizes is cyberstalking, which includes the use of the internet, email, or any other form of electronic communication to defame another person. According to the Act, any person who intentionally and repeatedly communicates or attempts to communicate with another person, or contacts or attempts to contact another person, or follows or attempts to follow another person, or watches or besets the place where another person resides, works, carries on business, studies, or happens to be, or induces or attempts to induce another person by any means to make contact with him, or monitors the use by another person of the internet, email, or any other form of electronic communication, or makes use of the internet, email, or any other form of electronic communication to extort, intimidate, harass, or cause emotional distress to another person, or sends or causes to be sent to another person any electronic message, communication, or email that is grossly offensive, indecent, obscene, or menacing, or sends or causes to be sent to another person any electronic message, communication, or email that he knows to be false, for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will, or needless anxiety to another person, or sends or causes to be sent to another person any electronic message, communication, or email that threatens to harm or kill another person or members of his family, or threatens to damage or destroy any property belonging to another person, or threatens to commit suicide or any other unlawful act, is liable to imprisonment for a term of not more than 3 years or a fine of not more than N7,000,000 or both.

This means that anyone who uses the internet or any other electronic means to spread false and malicious information about another person, or to insult, abuse, or threaten another person, can be prosecuted, and punished under the Cybercrime Act. This applies to any form of online communication, such as social media posts, blogs, comments, reviews, emails, text messages, or chats. The Act also empowers the law enforcement agencies to investigate, search, and arrest any person suspected of committing cyberstalking or any other cybercrime offence.

The Defences to Defamation in Nigeria

If a person is sued or prosecuted for defamation, he or she can raise certain defences to avoid liability or punishment. These defences are based on the principle that the right to freedom of expression should not be unduly restricted, and that the public interest should be protected. The defences to defamation in Nigeria are:

• Justification or truth: This is the most complete and absolute defence to defamation. It means that the defendant can prove that the statement he or she made or published about the plaintiff was true or substantially true. The burden of proof is on the defendant to show that the statement was based on facts and evidence, and not on mere opinion, speculation, or hearsay. If the defendant can establish the truth of the statement, he or she will not be liable for defamation, regardless of the motive or intention behind the statement.
• Fair comment: This is a defence that applies to statements of opinion, rather than statements of fact. It means that the defendant can show that the statement he or she made or published about the plaintiff was a fair and honest comment on a matter of public interest, and that the comment was based on true facts that were known or accessible to the public. The comment must not be motivated by malice, spite, or personal animosity. The comment must also be recognizable as an expression of opinion, and not as an assertion of fact. If the defendant can establish the fairness and honesty of the comment, he or she will not be liable for defamation, even if the comment is harsh, exaggerated, or prejudiced.
• Privilege: This is a defence that applies to statements that are made or published in certain circumstances or occasions that are considered to be of public importance or benefit. It means that the defendant can show that the statement he or she made or published about the plaintiff was privileged, meaning that it was protected by law from being challenged or questioned. There are two types of privilege: absolute privilege and qualified privilege. Absolute privilege applies to statements that are made or published in the course of parliamentary, judicial, or executive proceedings, or in official reports or communications of such proceedings. Absolute privilege also applies to statements that are made or published by the president, the governor of a state, or the head of a diplomatic mission, in the exercise of their official functions. Absolute privilege is a complete and unqualified defence to defamation, and it cannot be defeated by any evidence of malice or falsehood. Qualified privilege applies to statements that are made or published in the discharge of a legal, moral, or social duty, or in the protection of a legitimate interest, or in the furtherance of a common interest, or in the reporting of any matter of public interest or public benefit. Qualified privilege can be defeated by evidence of malice or bad faith on the part of the defendant.
• Consent: This is a defence that applies to statements that are made or published with the consent or permission of the plaintiff. It means that the defendant can show that the plaintiff agreed or authorized the defendant to make or publish the statement about him or her. Consent can be express or implied, and it can be given before or after the statement is made or published. Consent can also be withdrawn or revoked by the plaintiff, unless the defendant has acted on the consent in good faith and without notice of the withdrawal or revocation. If the defendant can establish the consent of the plaintiff, he or she will not be liable for defamation, unless the statement exceeds the scope or terms of the consent.
• Apology: This is not a defence, but a mitigating factor that can reduce the liability or punishment of the defendant. It means that the defendant can show that he or she has made or published a sincere and prompt apology to the plaintiff for the statement that he or she made or published about him or her. The apology must be clear, unqualified, and unconditional, and it must be made or published in the same manner and extent as the original statement. The apology must also be accompanied by a retraction or correction of the statement, and an offer of compensation or settlement to the plaintiff. If the defendant can establish the apology, he or she may be able to avoid or minimize the damages, injunction, or criminal sanction that may be imposed for defamation.

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: This is the most common and primary remedy for defamation. It means that the plaintiff can claim and recover monetary compensation from the defendant for the injury to his or her reputation, dignity, and feelings. The amount of damages depends on the nature, extent, and gravity of the defamation, the mode and manner of the publication, the number and status of the persons who received or read the publication, the effect of the publication on the plaintiff’s personal, professional, or business life, and the conduct of the defendant before and after the publication. The damages can be classified into general damages, special damages, aggravated damages, and exemplary damages. General damages are damages that are presumed by law to flow from the defamation, and they do not require any proof of actual loss or harm. Special damages are damages that are awarded for any specific or pecuniary loss or harm that the plaintiff can prove to have suffered as a result of the defamation, such as loss of income, customers, or contracts. Aggravated damages are damages that are awarded to compensate the plaintiff for any additional injury or insult that was caused by the defendant’s malice, spite, or ill will. Exemplary damages are damages that are awarded to punish the defendant for his or her outrageous or reckless conduct, and to deter him or her and others from committing similar acts of defamation in the future.
• Injunction: This is a remedy that is granted by the court to restrain the defendant from making or publishing any further defamatory statements about the plaintiff, or to compel the defendant to remove or delete any defamatory statements that he or she has already made or published about the plaintiff. An injunction can be temporary or permanent, depending on the circumstances of the case. An injunction can also be mandatory or prohibitory, depending on the nature of the relief sought by the plaintiff. A mandatory injunction requires the defendant to do something, such as to retract or correct the defamatory statement, or to apologize to the plaintiff. A prohibitory injunction requires the defendant to refrain from doing something, such as to stop or cease making or publishing the defamatory statement, or to prevent or prohibit others from making or publishing the defamatory statement.
• Retraction and apology: This is a remedy that is offered by the defendant to the plaintiff to settle the defamation claim out of court, or to mitigate the liability or punishment in court. It means that the defendant agrees to withdraw or retract the defamatory statement that he or she made or published about the plaintiff, and to make or publish a sincere and prompt apology to the plaintiff for the defamatory statement. The retraction and apology must be clear, unqualified, and unconditional, and they must be made public. Speak to a lawyer for guidance on this.

Civil vs criminal

Defamation in Nigeria is considered both a civil wrong and a criminal offense.

As a civil wrong, defamation is a tort, or a wrongful act that causes harm or injury to another person, which can be redressed by awarding damages to the victim. The victim, who is the person defamed, can file a civil lawsuit against the defamer, who is the person who made the defamatory statement, to claim compensation for the harm to his or her reputation. The burden of proof is on the victim to prove that the defamer made a false and defamatory statement about him or her, that the statement was communicated to a third party, and that the statement caused damage to his or her reputation.

As a criminal offense, defamation is a crime, or a violation of the law that is punishable by the state. The state, represented by the public prosecutor, can file a criminal case against the defamer to punish him or her for the harm to the public order or the social peace. The burden of proof is on the state to prove that the defamer made a false and defamatory statement about another person, that the statement was made with fault, either intentionally or negligently, and that the statement caused a risk of disturbance to the public order or the social peace.

The main difference between civil defamation and criminal defamation lies in the purpose of the legal action and the nature of the punishment. In civil defamation, the purpose is to compensate the victim for the harm to his or her reputation, and the punishment is the payment of damages to the victim. In criminal defamation, the purpose is to maintain the public order and the social peace, and the punishment is a fine, imprisonment, or both, imposed on the defamer.

It is important to note that the defences available in a civil defamation case, such as truth, fair comment, privilege, and apology, may not necessarily be available or applicable in a criminal defamation case. Similarly, the defences available in a criminal defamation case, such as public interest, good faith, and absence of intent, may not necessarily be available or applicable in a civil defamation case.

In practice, whether defamation is treated as a civil matter or a criminal offense often depends on the specific circumstances of the case, the severity of the harm, and the discretion of the victim or the state. For example, if the defamatory statement is relatively minor and has caused only a slight harm to the victim’s reputation, the victim may choose to file a civil lawsuit to claim compensation. On the other hand, if the defamatory statement is very serious and has caused a significant harm to the public order or the social peace, the state may choose to file a criminal case to punish the defamer. In some cases, defamation can be treated as both a civil matter and a criminal offense, and the victim and the state can file separate legal actions against the defamer.

In SALAUDEEN v. OKUNLOYE[i], a defamation claim filed by Mr. Salaudeen, a businessman, against Mr. Okunloye, a newspaper editor, who published an article accusing him of fraud. The article caused Mr. Salaudeen to lose his business and reputation. Mr. Salaudeen sued Mr. Okunloye for libel and claimed damages. Mr. Okunloye defended himself by arguing that the article was true, fair, and privileged. The trial court dismissed Mr. Salaudeen’s claim and held that he failed to prove that the article was false and defamatory. Mr. Salaudeen appealed to the Court of Appeal, which reversed the trial court’s decision and held that Mr. Okunloye was liable for defamation and awarded Mr. Salaudeen N5,000,000 as general damages. The Court of Appeal also ordered Mr. Okunloye to retract the article and apologize to Mr. Salaudeen.

For a better understanding of the concept of defamation in Nigeria, let me create an analogy using a different scenario. Suppose that Ms. Aisha is a popular singer and songwriter, who has a loyal fan base and a successful career. One day, she discovers that Mr. Bello, a blogger, has posted a video on his website, claiming that Ms. Aisha is a drug addict, a thief, and a liar. The video goes viral and is watched by millions of people, who start to doubt and criticize Ms. Aisha. Ms. Aisha’s reputation and income are severely affected by the video. She decides to sue Mr. Bello for defamation.

In this analogy, think of Ms. Aisha’s reputation as a delicate flower. The defamatory statements made by Mr. Bello were like scissors cutting the flower, causing it to wither and die. Even though the statements were false, the damage had been done – the flower was already ruined.

Ms. Aisha would have to prove that Mr. Bello made false and defamatory statements about her, that the statements were communicated to a third party, and that the statements caused damage to her reputation.

On the other hand, Mr. Bello, as the defendant, could raise certain defences, such as truth, fair comment, or privilege. He could argue that the statements were true (he had evidence that Ms. Aisha was a drug addict, a thief, and a liar), or that they were his honest opinion (he had a reasonable basis for his views), or that they were made in a situation where he had a duty or interest to make them (he was a journalist reporting on a matter of public interest).

In the end, the court would decide whether Mr. Bello was liable for defamation and whether Ms. Aisha was entitled to any remedies, such as damages, injunction, or apology. It is like a judge deciding whether the cutter of the flower should be punished and whether the owner of the flower should be compensated for the loss.

Conclusion

Defamation, whether slander or libel, is a serious issue in Nigeria, both as a civil wrong and a criminal offense. It involves the act of making false statements about another person that can harm their reputation. The laws governing defamation in Nigeria are complex, encompassing various statutes such as the Criminal Code, the Penal Code, and the Cybercrime Act.

The consequences of defamation can be severe, impacting a person’s social standing, career, and personal relationships. However, there are defences available, including truth, fair comment, privilege, and apology, which can protect individuals from unjust accusations.

In the digital age, where information can be spread quickly and widely, understanding defamation laws is crucial. It is important to think before you speak or write, to respect the reputation of others, and to stand up for your own reputation when necessary. Also seek the counsel of a lawyer before you say or write some things about people. Click here to have a consultation with one of our lawyers

Remember, your words have power – use them wisely.

We don’t just write to teach you Nigerian law in a simple way, we are your best personal injury lawyers in Nigeria. Feel free to reach our firm on, 08030881289.

Frequently Asked Questions

1. What is defamation? Defamation is a legal term that refers to the act of harming the reputation of another person by making false and malicious statements about them.
2. What are the types of defamation? Defamation can be classified into two types: libel and slander. Libel is defamation in a permanent form, such as writing, printing, painting, broadcasting, or online posting. Slander is defamation in a transient form, such as spoken words, gestures, or sounds.
3. What are the elements of defamation? 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 damage to the plaintiff’s reputation, either actual or presumed.
4. What are the defences to defamation in Nigeria? If a person is sued or prosecuted for defamation, he or she can raise certain defences to avoid liability or punishment. These defences are: Justification or truth, Fair comment, Privilege, Consent, Apology.
5. 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.

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[i] https://www.lawglobalhub.com/nigerian-cases-on-defamation/