What is the penalty for defamation of character in Nigeria?
Asked by: Prof. Lisandro Kovacek | Last update: November 5, 2023Score: 4.4/5 (75 votes)
Section 375 of the Criminal Code Act states that “any person who publishes any defamatory matter is guilty of a misdemeanor and is liable to imprisonment for one year.” It also adds that “any person who publishes any defamatory matter knowing it to be false is liable to imprisonment for two years.”
What are the charges for defamation in Nigeria?
Under Nigerian Law, defamation (libel in particular) is a tort actionable per se which means that the publication of a defamation communication is presumed by its very existence to have caused damage to an affected party.
What is proof of defamation in Nigeria?
For an action in defamation to succeed in the Nigeria Court, the Plaintiff must prove three crucial things: That the words were defamatory. That the terms referred to the Plaintiff, and. That the words were published.
Is slander a criminal Offence in Nigeria?
The publication of words that can cause hatred, contempt, ridicule or damage to the reputation or profession of a person(s) to the hearing of such person(s) or a third party without justification is a criminal offence aside being a tort.
How do you prove slander in Nigeria?
- Defamatory, not to few members of the public, but to the general public;
- Directed at him (the plaintiff) and;
- Published to a third party.
Defamation and the Law in Nigeria
What is the difference between libel and slander in Nigeria?
Libel and slander are forms of defamation, which is an untrue statement presented as fact and intended to damage a person's character or reputation. Libel is a defamatory statement made in writing, while slander is a defamatory statement that is spoken.
What is proof of slander?
In most slander cases, you must show the false statement was actually harmful to your reputation. However, some statements are so obviously damaging that you can prove harm simply by showing the defendant falsely made the claim. This is called slander per se. Per se means the statement speaks for itself.
Is false information a crime in Nigeria?
It prohibits the publication or reproduction of “any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb public peace, knowing or having reason to believe that such statement, rumour or report is false”. The offence carries a possibility of imprisonment for three years.
What are the damages for defamation?
- Damage to the plaintiff's reputation.
- Specific economic damages, such as loss of employment or profits.
- Punitive damages, if the defendant's conduct was oppressive, malicious or fraudulent.
What are some examples of defamation?
What is defamation? Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. An example is “Tom Smith stole money from his employer.” If this is untrue and if making the statement damages Tom's reputation or ability to work, it is defamation.
What are the 4 proofs of defamation?
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject ...
Can defamation be false?
Defamation is a false statement of fact that harms another's reputation. It is rooted in the idea that people have a right to their good name and reputation. To constitute defamation, the statement or statements must be false. In other words, falsity generally is a required element of a defamation claim.
What if defamation is true?
Truth as a Defense to Defamation
“Substantial truth” is an absolute defense to defamation. Under the substantial truth doctrine, courts will look at the “gist” or “sting” of a statement. If the “gist” or “sting” of the publication is substantially true, then no liability for defamation can be established.
Who pays for a defamation case?
"Costs" in a Defamation Case
If you are a plaintiff, a big advantage in hiring a lawyer is that the firm will usually pay most, if not all, of the litigation costs. Defamation cases can be very expensive because they are very fact-driven.
Are defamation cases expensive?
If your attorney does charge on a contingency fee basis, you can expect to pay anywhere from 25% and 40% of the amount you recover in compensation for the defamation. If your case is resolved quickly through an out of court settlement, your fees will usually be on the lower end of this scale.
What is a defamation charge?
Defamation is any false information that harms the reputation of a person, business, or organization. Defamation includes both libel and slander.
Are defamation cases hard to win?
Is it hard to win a defamation case? Defamation lawsuits are challenging because they require a lot of fact-finding. It may require experts to testify on your behalf about the psychological and emotional harm you've suffered. Unless your lawyer is working on a contingency basis, it can also be quite costly.
What is the largest defamation settlement?
The largest judgment in a US defamation case was awarded against Alex Jones in 2022 – $965 million for propagating false conspiracy theories about the mass shooting at Sandy Hook Elementary School.
How do you deal with defamation of character?
Get a Lawyer
To help you understand if you're dealing with a genuine case of defamation, as well as explain your best options in addressing the issue, it's a good idea to consult with a lawyer. A lawyer will be able to provide expert advice and guide you in the right direction.
What is false misrepresentation in Nigeria?
Misrepresentation is covered by both common law and equity. At common law, a person who is induced to enter a contract through a fraudulent or negligent misstatement is entitled to sue for damages, while the remedy for misrepresentation at equity is rescission of the contract without damages.
What is the penalty for falsehood in Nigeria?
Section 118 of the Criminal Code reads: Any person who commits perjury is liable to imprisonment for fourteen years. If the offender commits the offence in order to procure the conviction of another person for an offence punishable with death or with imprisonment for life, he is liable to imprisonment for life.
What are the consequences of frauds in Nigeria?
Any person who by any false pretence, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a felony and is liable to imprisonment for three years.
Can I sue someone for spreading lies about me?
A defamation lawsuit is a legal action against a person that makes libelous or slanderous statements against another and is conducted in civil court. Any company, organization, or reasonable person can sue for slander or libel as long as they satisfy the requirements of a defamation case.
What is the punishment for someone who has slandered someone else?
Understanding slander
A person will not go to jail. However, it is a “tort” or civil wrong. This means that if a person/organization makes defamatory statements, the person affected may seek compensation for their damages as a result of the defamation, through a personal injury lawsuit.
How do I charge someone with slander in Canada?
- That the statements in dispute are defamatory.
- That the plaintiff was alluded to by the terms.
- That the statements were spoken to at least one person other than the plaintiff.