The Law Of Defamation: The Right To A Good Name

By Ubong S. Ebong Esq. -
Often times people say things about each other which are quite distasteful. Based on this I have decided to talk about the law of defamation with a view to shed more light on what the law says about this very interesting topic & ways by which the law seeks to protect the reputation of people from unreasonable verbal/written attacks.

Defamation simply means to damage the image/reputation of a person using written or spoken statements. It could be in either of two forms: libel (where it is written or printed) & slander (where it is expressed orally). The law of defamation exists to protect people against unjustified attacks on their integrity & good name.

To establish defamation: 
1) the words used must be defamatory or damaging either directly (in their primary meaning) or indirectly (in their secondary or alternate meaning) in the opinion of reasonable members of society & not just in the opinion of the victim of the defamation.
2) The words must refer to the person in question whether directly or indirectly.
3) The words must be published, that is, it must be communicated to other persons by whatever means.
4) In the case of slander, you also have to prove the damages suffered as a result of the defamation whereas proof of damage is not required for libel.

Persons who can be sued for defamation include the person who initially makes the defamatory statement, as well as every other person who assists in publishing or spreading the defamatory statement.

It's important at this juncture to note that mere vulgar abuse during heated confrontations is not regarded as defamation unless it involves a serious accusation or allegation that a person committed a crime or any other specific wrongdoing which has or is likely to have detrimental effects on the person's reputation.

However, a claim for defamation will fail where: 
1) the alleged defamatory statements are true,
2) the person who publishes a libellous document did not know that the contents of the document & his ignorance was not caused by any negligence on his part,
3) the maker of the defamatory statement was honestly making a fair comment or giving his fair opinion about matters of public interest without any malice based on true facts,
4) the defamatory statement was made in the course of privileged communication such as during legislative/parliamentary proceedings or judicial/court proceedings or communications between a husband & his wife,
5) the victim of the defamation had earlier consented in any way to the publication of the defamation,
6) the defamation is directed to a death person.


So now you know. Please be guided!
#KYR


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