What You Should Know Defamation

Defamation is any expression that damages the reputation of another person. Defamation is a publication which damages the reputation of person without lawful justification. It is a false or wrong information about a person that damages the reputation of the person. Thus, a defamation is the publication of information that lowers a person in the estimation of right-thinking persons generally. Sir Percy H. Winfield said that defamation is the reputation of statement which tends to lower a person in the estimation of right-thinking members of society generally; or which tends to make them shun or avoid that person.

In other words, defamation is the reputation of “a false statement about a man to his discredit” (2) essentially, defamation is the reputation of statement which lowers a person in estimation of right thinking members of society, or which – tends to make them shun or avoid the person.

Thus, defamation is any communication of any information that injures the reputation of a person and exposes him to hatred, ridicule, or damages him in his office, profession, calling, trade or business. A person commits the tort of defamation when he publishes to third party, a discrediting information about another person. Defamation is any expression that damages the reputation of a person and causes him to be shunned by reasonable members of the public.

The Purpose of The Law of Defamation

The tort of defamation is concerned with damage to reputation caused by injurious publication. The purpose of the law defamation is to protect the good reputation of a person from being damaged by another person. The torts which protect the reputation of a person are libel and slander. Malicious falsehood otherwise known as injurious falsehood protects the reputation of property, esepcaily cameral property. The basis of the tort of defamation is the every person has a right to protection of his good name and reputation and the good opinion and estimation the public holds of him. The purpose of the law defamation is to vindicate, compensate and protect the good name and reputation of a person were there has been damage. Thus, the law of defamation is designed to protect, compensate and otherwise remedy any injury done to the good name and reputation of a person, and the resultant effect the loss of reputation any have on his person, office, trade, calling, or profession.

However, where a person has no good reputation in respect of what is said, then the law has nothing to protect for him. A person cannot recover damages for loss of a reputation he does not have. Thus, it is not every statement that causes damage to a person that gives rise to liability in defamation. For instance, if a person has been convicted for stealing or perjury, it will not be defamation to call him a thief or a liar respectively.

When Is A Statement Defamatory

A statement is defamatory when it has any of the following effects on a person.

1. Lower the person in the estimation of right –thinking members of society generally.

2. Expose him to hatred, contempt or ridicule.

3. Cause other person to shun or avoid him

4. Discredits him in his office, trade or profession, or

5. Injures his financial credits, and so forth.

Thus, any disparaging expression or statement, written, spoken or made in any other manner, which has any of the above effects on a person is defamatory in the absence of justification, or legal defence.

African Press Ltd V Ikejiani

The plaintiff respondent medical doctor sued for libel in respect of an article which alleged that the plaintiff was a “fake” medical doctor. Infact, the plaintiff had a degree as a doctor of medicine, so the allegation that appeal, the West African Court of Appeal held: that since the publication was not true the plea of fair comment by the defendants appellants cannot succeed. The plaintiff respondent was entitled by judgement in his favour.

The Statement Must Be Defamatory In The Estimation of the Right Thinking Members of Society

In order to be defamatory, the statement must damage the plaintiff in the minds of right thinking members of society generally, and not a mere or particular section of the public. Generally, words are not defamatory, however, annoying they may be to a section of the community, or within a club or association unless the expression also damages the reputation of the person in the eyes of right-thinking members of society generally.

To write or say of a person something that will disparage him in the eyes of a particular section of community, but will not affect his reputation in the eyes of the average right – thinking person is not defamation and it is not actionable in the law of defamation.

What Is A Particular Section Of Society

The phrase “a particular section of the Community” was defined by the Supreme Court in Egbuna V Amalgamated Press of Nig. Ltd as body of persons who subscribe to standards of conduct which are not those of society generally.

Egbuna V Amalgamated Press of Nig. Ltd.

The Plaintiff was at all material time, the General manager of the Nigeria Railway Corporation. He sued for libel for an article published by the defendant in its Newspaper. On appeal the supreme court held: that the words complained of did not lower the plaintiff in the estimation of the right-thinking members of the society; and consequently there was no defamation of the plaintiff.

Therefore, where a statement is not defamatory in the estimation of the right-thinking members of society, it is not a defamation.