BY SAHEED AKINOLA ESQ

Freedom of expression is a universal human right. Everyone has the right to freedom of expression; this right includes: right to hold opinion without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. This right is reflected in Article 9 of African Charter on Human and Peoples’ Right.

Indeed section 39 of the constitution provides thus:
39 (1) every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

Social media has made sharing of information today a piece of cake and the trend gives credence to the right of freedom of expression. However, there are limits to this right. One of the limitations to freedom of expression is the duty not to cause injury to another person without lawful excuse and justification. This is so because every individual has dignity and he is entitled to respect of his person and his good name.

THE PURPOSE OF LAW OF DEFAMATION
The freedom of expression is subject to some conditions and restrictions as are prescribed by law and necessary in order to protect the reputation and rights of others (including the right to privacy) resulting from injurious statements or acts by others and to maintain peaceful coexistence of members of the community. It is concerned with safeguarding the plaintiff's interest in the good opinion which other people hold of him. Therefore, both the criminal and penal codes emphasize that the offending publication must not be false.

Whenever any injury is caused in the person's reputation, office, trade or profession, such injury must be compensated. However, if the plaintiff has no reputation in respect of what is said, then the law cannot protect him and he will not be entitled to any redress. For instance, if a political office holder is removed for "age or certificate forgery" it will not be defamatory to nickname him a "liar or forgery".
Ingredients of Defamation

Defamation generally is of two kinds: if it is published in a transient, fugitive form, it is called slander. A permanent publication, printed, written, audio or audio-visual of a false and injurious material against another person, whether it is in painting or picture, effigy, caricature, advertisement, article, news report, talking film or any disparaging object will qualify as libel.

Broadcasting of audio and audio-visual on radio, television and social media; aimed at general negative reaction against a person/persons is a publication in permanent form and therefore libel if it is indeed defamatory.

In order to establish the tort of defamation, the following ingredients must be established:
(a.) The statement must be defamatory
(b.) The statement must be false
(c.) The statement must be published
(d.) The publication must refer to the plaintiff.
(e.) The publication must be by the defendant.

The following statements may qualify as defamation: 1. Allegation of a criminal offence punishable with imprisonment, such as theft, burglary, rape and so on. 2. Allegation of a contagious disease which may cause widespread damage to members of society such as HIV/AIDS, diarrhea, leprosy and so on. 3. Allegation of promiscuity against a person. 4. Allegation of incompetence or unfitness against a worker, which can injure him in his trade, office or profession. 5.Allegation of corruption and adultery against an individual e.tc. .........TO BE CONTINUED NEXT WEEK. YOU CAN READ MORE HERE......https://frontlinersnews.com/2021/03/10/freedom-of-expresion-defamation-why-defendant-may-end-up-in-jail-or-paying-damages/