UNIT 8

DEFAMATION

Defamation is a tort that involves making false statements about a person, which can damage their reputation. The essence of defamation is the protection of an individual's reputation from unjustified harm. In Nigerian law, defamation can be divided into two main categories which are libel and slander. See the case of Guardian Newspapers Ltd. v. Ajeh (1988) 4 NWLR (Pt. 89) 723 where the court held that truth is a complete defense to a defamation claim, the case of Atoyebi v. Odudu (1990) 6 NWLR (Pt. 157) 384 where the court discussed the defense of fair comment, emphasizing that the comment must be fair, on a matter of public interest, and not malicious and the case of Fafunwa v. Bellview Travels Ltd. (2001) 7 NWLR (Pt. 713) 420 which highlighted the defense of qualified privilege and the necessity of proving malice to defeat the defense. See also the Defamation Act (1952) which provides for the right to sue for defamation and the defenses available and the Criminal Code Act under sections 373-381 which cover criminal defamation, prescribing penalties for publishing defamatory matter. The defences to defamation includes the following;

1. Justification (truth): this happens if the defendant can prove that the defamatory statement is true, it serves as an absolute defense. Truth negates the falsity element required for defamation.
2. Fair comment: This defense applies to statements of opinion rather than statements of fact. The defendant must prove that the statement was a fair comment on a matter of public interest and was not made maliciously.
3. Absolute privilege: this applies in situations where freedom of expression is paramount, such as statements made during judicial proceedings, parliamentary proceedings, or certain official communications.
4. Qualified privilege: this applies where the defendant has a legal, social, or moral duty to make the statement, and the recipient has a corresponding interest in receiving it. The defense can be defeated by proving malice.
5. Consent: this happens if the plaintiff consented to the publication of the defamatory statement, this serves as a defense.
6. Apology and retraction: In some cases, an apology and retraction may mitigate damages but do not serve as a complete defense.

LIBEL

Libel refers to defamation in a permanent form, typically written or printed words, pictures, or any other form that has a degree of permanence. Libel is considered more serious than slander because it is in a permanent form and can be widely disseminated. See the case of Dairo v. Union Bank of Nigeria Plc (2007) 16 NWLR (Pt. 1059) 99 which established that for a claim of libel, the plaintiff must prove that the statement was published, false, and referred to them. The elements required to establish libel include the following:

1. Publication: this is where the defamatory statement must be published. This means it must be communicated to at least one person other than the plaintiff.
2. Defamatory statement: this is where the statement must be such that it lowers the reputation of the plaintiff in the estimation of right-thinking members of society.
3. Reference to the plaintiff: this is where the statement must refer to the plaintiff. It is not necessary for the plaintiff to be named explicitly; it is sufficient if reasonable people who know the plaintiff can identify them from the statement.
4. Falsity: this is where the statement must be false. Truth is a defense to a claim of defamation.
5. Injury: this is where the statement must cause harm to the plaintiff’s reputation.

SLANDER

Slander refers to defamation in a transient form, usually spoken words or gestures. Slander is defamation in a transient form, such as spoken words. Unlike libel, slander requires proof of special damages, except in certain cases where the statements are considered so egregious that damage is presumed. See the case of Okotcha v. Olumese (1991) 8 NWLR (Pt. 210) 476 which clarified that in slander, the plaintiff must prove that the words spoken were defamatory and that they caused special damage unless the statement falls under one of the exceptions where damages are presumed. These exceptions include statements that are the following:

1. that impute a criminal offense punishable by imprisonment.
2. that impute a contagious or infectious disease.
3. that disparage a person in their trade, business, profession, or office.
4. that imply sexual misconduct.

SPECIAL DAMAGES IN SLANDER

Special damages in slander refer to specific, quantifiable financial losses suffered as a result of the defamatory statement. The plaintiff must provide evidence of these losses, which could include loss of business, loss of employment, or other financial harm directly resulting from the defamatory statement. See the case of Onojioghene v. Ewubare (2004) 2 NWLR (Pt. 857) 452 where the plaintiff must provide clear evidence of the special damages suffered due to the slanderous statement.

CONCLUSION

These legal principles and cases provide a comprehensive understanding of defamation law in Nigeria, addressing both libel and slander, the need for special damages in slander cases, and the available defenses.