Tort Of Defamation

Section 39(1) of the constitution of the Federal Republic of Nigeria provides that, “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.
Though there is freedom of expression enshrined in our constitution it does not give us the right to injure the reputation of others. Defamation, simply put is injury to the reputation of a person resulting from words spoken or written by another against him. It is an attack on the reputation of a person which adversary affects their standing in society. Words will be held to be defamatory if, in their many they have the effect of making the person about whom they are spoken or written about to be regarded with contempt, ridicule, fear, dislike or odium or lower that person in the estimation of reasonable right thinking people in the society.
Then are two arms of defamation; (a) libel – This is a defamatory statement written or printed or in any permanent form such as a book, computer device, newspaper, internet communication platforms etc. It is sometimes said that libel is addressed to the eyes. In Nsirim V. Nsirim (1990) 3 NWLR (Pt 139) 285-298 PER OBA SEKI JSC held that, “By publication is mean the making known of the defamatory matter to some persons other than the person of whom it is written it is the reduction of libelous matter to writing and its delivery to any person other than the person injuriously affected thereby. The name of the person to whom delivery of the libelous document was made must be pleaded”.
Slander – is a defamatory statement expressed through speech or made in a transient form. They are statements that are not recorded with some degree of permanence. In Ayuba V. Sule (2016) LPCLR – 40263 (LA) it was held that “The first requirement that is essential in slander is MALICE. To succeed in a case of slander, the plaintiff must prove the words spoken, communication of the words to a third person, falsity of the communication against the plaintiff.
There are a number of defences available to a clam of defamation, which includes justification fair comment, privilege which may be either absolute or qualified. Justification according to Black’s law dictionary is defined as “explanation with supporting data. A maintaining or showing a sufficient reason in court why the defendant did what he is called upon to answer, particularly in an action of libel. While fair comment is a term used in the law of libel applying to statements made by a writer in an honest belief of their truth, relating to official acts, even though the statements are not free in fact. Privilege is an exemption from liability for speaking or publishing of defamatory words concerning another, based on the fact that the statement was made in performance of a political judicial social or personal duty.

Nkechi Bright-Ewere