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It Is Time To Decriminalise Defamation - Politics (4) - Nairaland

Nairaland ForumNairaland GeneralPoliticsIt Is Time To Decriminalise Defamation (13254 Views)

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Re: It Is Time To Decriminalise Defamation by advanceDNA: 3:15pm On Dec 15, 2024
Rebelutionary:
No, actually it's you people who want to abuse the freedom of speech that find it an issue whether it is criminal or not and saying one can just wake up and throw anybody in jail because they don't like what they said is simply giving a dog a bad name so you can hang it! Don't overstretch it!
u are the one over stretching it by saying the must be some harsh punishment ....
......and it's is not about abusing freedom of speech because there is still penalty for spreading false information and lies about someone ......however its is not a criminal offence like armed robbery that somebody will become a felon because of it....u dont seem to get it
Rebelutionary:
The "people that are stealing our wealth" also have rights in the eyes of the law! Don't they? Some of you want justice but there is no justice without EVIDENCE! You can't just wake up and label a person a thief without evidence in the name of freedom of speech.
u are contradicting urself..... Did speed Darlington get a fair trail before being treated like a criminal....it's clear u will never get what this issue is about...

Rebelutionary:
So if I wake up and just decide to say anything like some people do on our social media space, I should be aware that there are harsh consequences (yes, military rule behaviour, as if Nigeria is the only country that criminalizes defamation) if not we won't wean ourselves of this easy tendency to defame People.
U can decide to say wateva u like ... What u say should also have its damage level and appropriate punishment even if u are found guilty.......just as murder has its degree in a court and doesn't have same punishment.

But saying defamation must be criminal is just a bunch of nonsensé ....
Re: It Is Time To Decriminalise Defamation by Bluffly: 3:42pm On Dec 15, 2024
Proudlyngwa:
what is the difference between a criminal case and a civil case.

Is libel a crime or not
Criminal cases involve the government prosecuting a defendant for a crime, while civil cases are disputes between individuals or organizations.
Re: It Is Time To Decriminalise Defamation by Proudlyngwa(m): 3:53pm On Dec 15, 2024
Bluffly:
Criminal cases involve the government prosecuting a defendant for a crime, while civil cases are disputes between individuals or organizations.
What is libel
Re: It Is Time To Decriminalise Defamation by 7upnigeria: 4:25pm On Dec 15, 2024
advanceDNA:
U want to take away the oppression loop hole that politicians and other fellow wicked people have against the masses for calling them out for their BS........that's not possible
When you know its a criminal offence, you will THINK TWICE or do your honework properly before you slander or libel someone.

If its decriminalised, how much can DELE pay Afe Babalola for RUINING his HARD EARNED REPUTATION.

You all need to use your brains to think before you support things like this.

An INTERNATIONAL ORGANISATION or even FOREIGN GOVERNMENT can CONTRACT someone like Dele to ruin Afe Babalola's reputation and if the allegations were eventually found to be false, the money would be paid, ALBEIT SPONSORED. But by that time, the deed would have been done: REPUTATION GONE and an entire country's Judiciary thrown in a mess.
Re: It Is Time To Decriminalise Defamation by Advancedman(m): 4:33pm On Dec 15, 2024
pongwa:
Defamation is a serious offence and should be "re-criminalised" with severe penalties. You need to understand the damages libel can cause to people. The saying 'he who alleges must be able to prove" should stand please
I agree with you but should not be abuse as the law is no respecter of anyone.
Re: It Is Time To Decriminalise Defamation by maasoap(m): 4:43pm On Dec 15, 2024
gidgiddy:
Defamation, also known as slander or libel, has to be decriminalised. Defamation should be a purely civil matter. Most of the major countries of the world no longer have criminal defamation, they have civil defamation.

The big issue with having criminal defamation is that it is now being used by people in 'high places' to intimidate, harass abd subjugate less fortunate people.

Examples are ERISCO and Chioma, Burna Boy and speed Darlington, Afe Babaloa and Dele Farotimi

In these cases, the complainant will write petition, claiming someone made a false presentation. Before you know it, the accused will be arrested, wisked away to another part of the country, clamped in detention for weeks or even months, even before they are charged to court.

The police should not be part of 'he said-she said', arresting people and clamping them in detention over what they said.

If you feel someone has defamed you, sue them to court and claim damages, it should not be a Police matter, nor a criminal matter
Don't say or print what you are not sure of about anyone. Simple and ABC
Re: It Is Time To Decriminalise Defamation by advanceDNA: 5:11pm On Dec 15, 2024
7upnigeria:
When you know its a criminal offence, you will THINK TWICE or do your honework properly before you slander or libel someone.
.
Lol ......it's like I won't insult the wèrèys that started calling Nigeria zoo because you the citizens clearly like to be treated as animals.....

It's fvnny that most of the time these oppressive scenarios of he said what i dont like happens it's always between the rich or government officials and some random average Nigerian.....

Shiooor....I will take u pple serious when tinubu and economic advisers arrest Davido for defamation of Nigeria and make him a criminal... Or when superintendent of police arrest Kemi Badenoch using the interpol
Re: It Is Time To Decriminalise Defamation by MrSly(m): 6:19pm On Dec 15, 2024
Godwin4444:
I have always known u to b unintelligent

So u want us to decriminise libel so ipob can have a field day saying anything they want about anybody right?

Guy if u accuse or allege then get ready to prove it

One useless troll with many monikers which one of them are DrMrsAdeniran have been calling me a thief since after election, someone who I have never seen before all my life but my only offence is not voting obi.

That bastard deserve to b taught a bitter lesson
You have alleged by implication that the person is PO's agent.PO could have arrested you and charged with criminal defamation. Why would you involve PO in a thing that does not concern him and implying that the person is his agent. Before you prove yourself innocent you would have spent years in detention. This is exactly what the guy you quoted intends to reveal to you. So it should be a civil matter. That guy is right but tribal sentiment won't allow an average Yoruba Nigerian to discern.
Re: It Is Time To Decriminalise Defamation by BENEAMATA: 7:57pm On Dec 15, 2024
God gave 10 commandments amongst millions he can give and one of it is " Thou shall not bear false witness against thy neighbour " and you think defamation should be classified a misdemeanour at most , is that what you are saying ?

To be clear , I totally don't subscribe to the Gestapo styled approach by police in acting on complaint or PETITION by the more connected complainant , but with that Said , defamers with false or half truth allegations deserve a very harsh sentence if found guilty by a law court .
Re: It Is Time To Decriminalise Defamation by Ishilove: 8:19pm On Dec 15, 2024
When you become a victim of defamation perhaps you will then understand why it should remain a criminal offense. Let's not go too far and start from Nairaland. There are a certain class of trolls whose stock in trade is defaming female nairalanders. Users like Cococandy, pocohantas and Klass99 were so brutally defamed that these ladies who started out gentle and easygoing on the forum were transformed into raging tigresses who constantly had to fight those idiotic, hopeless, no good individuals peddling the despicable lies about them.

What about me nko? I am supposedly a 45 year old single mother who got thoroughly fvcked in a hotel in Ondo state by a Nairalander who has deactivated. My 12 year old daughter is also on Nairaland, according to the trolls. Well, it is just now I'm beginning to calm down, but back then when I no send anybody papa, I was always taking these idiots to the cleaners, together with their ancestry and lineage. I still no send their papa, but the energy to drag them and their cursed lineage is no longer there, so I use the report button.

Now, if I know the people behind these slanderous attacks on my person, don't you think I will file a criminal claim against them? Who has the fvcking time to sue anybody? Get the fools arrested let them prove all they have said. Freedom of speech does not free you from the consequences of that freedom.

Op gidgiddy, don't let me swear for you.
Re: It Is Time To Decriminalise Defamation by Ishilove: 8:36pm On Dec 15, 2024
joseph1832:
You're just being mischievous. The cases you sited, have all the so called victims you claim them to be, saying things they can't prove.

Defamation should still stand as a criminal offense, if not, people will start saying what they can't prove in other to gain traffic and even you, who wrote this load of bullcrap, won't like it, if I come to social media and start saying I fvcked your mother. Lol.

So you see, defamation should never be decriminalized, if not people will never learn. They still aren't learning even though defamation is a criminal offense, talkless of when it's not a criminal offense.
Don't mind him. It's easy to yarn crap because they have never been bitten by these nasty modafuckers who go around slandering people's reputation.
Re: It Is Time To Decriminalise Defamation by kayperry: 10:57pm On Dec 15, 2024
pongwa:
I put up that picture to show my statistics of countries who still view defamation as a criminal offense. I don't care about the message portrayed in the writing. I am pretty sure Farotimi was served prior to the arrest. His overbloated ego would have downplayed it, hoping to capitalise on the "failed judicial system" he opined. Guess what, he was proved wrong by the system.
Care or not i assure you, your feelings is immaterial when it comes to reality and development.
stop arguing blindly, Farotimi was not served, no one as come out to make such claim.
Proved wrong by a system or abuse of power, you and i will be here at the end of the day the justice system will quash the case to protect some dark secrets
Re: It Is Time To Decriminalise Defamation by pongwa(m): 9:08am On Dec 16, 2024
kayperry:
Care or not i assure you, your feelings is immaterial when it comes to reality and development.
stop arguing blindly, Farotimi was not served, no one as come out to make such claim.
Proved wrong by a system or abuse of power, you and i will be here at the end of the day the justice system will quash the case to protect some dark secrets
I don't know what else to say on Farotimi's matter. Please do your research before you come and spill your ignorance. Farotimi lied because he was served, although he claimed it came through a third party (I challenge you to confirm yourself). The arrest was to force him to face justice by appearing before a magistrate. This is reality, so far so good his case is on merit, let's come to the conclusion of it then I can speak again
Re: It Is Time To Decriminalise Defamation by iInjureHerYansh: 9:13am On Dec 16, 2024
gidgiddy:
Defamation, also known as slander or libel, has to be decriminalised. Defamation should be a purely civil matter. Most of the major countries of the world no longer have criminal defamation, they have civil defamation.

The big issue with having criminal defamation is that it is now being used by people in 'high places' to intimidate, harass abd subjugate less fortunate people.

Examples are ERISCO and Chioma, Burna Boy and speed Darlington, Afe Babaloa and Dele Farotimi

In these cases, the complainant will write petition, claiming someone made a false presentation. Before you know it, the accused will be arrested, wisked away to another part of the country, clamped in detention for weeks or even months, even before they are charged to court.

The police should not be part of 'he said-she said', arresting people and clamping them in detention over what they said.

If you feel someone has defamed you, sue them to court and claim damages, it should not be a Police matter, nor a criminal matter
Just close your eyes and imagine someone going around calling you a rapist when you know very well you are not...then tell me how you'll feel/react. Let's start from there
Re: It Is Time To Decriminalise Defamation by gidgiddy(op): 9:21am On Dec 16, 2024
iInjureHerYansh:
Just close your eyes and imagine someone going around calling you a rapist when you know very well you are not...then tell me how you'll feel/react. Let's start from there
If everyone who ever called another person a negative name they are not, were to be locked up, we would all be in jail
Re: It Is Time To Decriminalise Defamation by aswani(m): 9:34am On Dec 16, 2024
gidgiddy:
Defamation, also known as slander or libel, has to be decriminalised. Defamation should be a purely civil matter. Most of the major countries of the world no longer have criminal defamation, they have civil defamation.

The big issue with having criminal defamation is that it is now being used by people in 'high places' to intimidate, harass abd subjugate less fortunate people.

Examples are ERISCO and Chioma, Burna Boy and speed Darlington, Afe Babaloa and Dele Farotimi

In these cases, the complainant will write petition, claiming someone made a false presentation. Before you know it, the accused will be arrested, wisked away to another part of the country, clamped in detention for weeks or even months, even before they are charged to court.

The police should not be part of 'he said-she said', arresting people and clamping them in detention over what they said.

If you feel someone has defamed you, sue them to court and claim damages, it should not be a Police matter, nor a criminal matter
I disagree, like elections, defamation should have consequences.

Only say or write what you have proof of.

Our own is too much as Nigerians.
Re: It Is Time To Decriminalise Defamation by kayperry: 10:50am On Dec 16, 2024
pongwa:
I don't know what else to say on Farotimi's matter. Please do your research before you come and spill your ignorance. Farotimi lied because he was served, although he claimed it came through a third party (I challenge you to confirm yourself). The arrest was to force him to face justice by appearing before a magistrate. This is reality, so far so good his case is on merit, let's come to the conclusion of it then I can speak again
Ohh! now farotimi lied, and how did you know or whats your source ??
whether in lagos or ekiti defamation is a civil matter, the arrest is unlawful
In civil ligitation, when the accuse evade serve notice, the court serves back through public media then if he/she fails to showup, arrest warrant is served by a court go n ask (babylawyer) folake4u
What as played out so far is, we own Nigeria, you dare us, we will punish you with connection and influence, we see the rich do these everytime, just know the DPO, bribe the police and you'll lock up anyone beneath you for as long as you want that is the Nigeria kemi resent
Re: It Is Time To Decriminalise Defamation by folake4u: 11:25am On Dec 16, 2024
kayperry:
Ohh! now farotimi lied, and how did you know or whats your source ??
whether in lagos or ekiti defamation is a civil matter, the arrest is unlawful
In civil ligitation, when the accuse evade serve notice, the court serves back through public media then if he/she fails to showup, arrest warrant is served by a court go n ask (babylawyer) folake4u
What as played out so far is, we own Nigeria, you dare us, we will punish you with connection and influence, we see the rich do these everytime, just know the DPO, bribe the police and you'll lock up anyone beneath you for as long as you want that is the Nigeria kemi resent
I don't even understand why you're tagging me in all your nonsense talks.

Please, stop mentioning me.
Re: It Is Time To Decriminalise Defamation by pongwa(m): 12:24pm On Dec 16, 2024
kayperry:
Ohh! now farotimi lied, and how did you know or whats your source ??
whether in lagos or ekiti defamation is a civil matter, the arrest is unlawful
In civil ligitation, when the accuse evade serve notice, the court serves back through public media then if he/she fails to showup, arrest warrant is served by a court go n ask (babylawyer) folake4u
What as played out so far is, we own Nigeria, you dare us, we will punish you with connection and influence, we see the rich do these everytime, just know the DPO, bribe the police and you'll lock up anyone beneath you for as long as you want that is the Nigeria kemi resent
I get my facts from the internet after a thorough search. Let's just follow the case and see where it ends.
Re: It Is Time To Decriminalise Defamation by kayperry: 12:31pm On Dec 16, 2024
folake4u:
I don't even understand why you're tagging me in all your nonsense talks.

Please, stop mentioning me.
You are not blind my dear, check the topic and ask me one more why cant tag you

i saw that
Re: It Is Time To Decriminalise Defamation by iInjureHerYansh: 4:14pm On Dec 16, 2024
gidgiddy:
If everyone who ever called another person a negative name they are not, were to be locked up, we would all be in jail
Why didn't you jus answer the question grin
Re: It Is Time To Decriminalise Defamation by Idiko1: 4:26pm On Dec 16, 2024
Not every defamation case is criminalized.
Re: It Is Time To Decriminalise Defamation by NewDea4: 9:36pm On Dec 16, 2024
Ishilove:
When you become a victim of defamation perhaps you will then understand why it should remain a criminal offense. Let's not go too far and start from Nairaland. There are a certain class of trolls whose stock in trade is defaming female nairalanders. Users like Cococandy, pocohantas and Klass99 were so brutally defamed that these ladies who started out gentle and easygoing on the forum were transformed into raging tigresses who constantly had to fight those idiotic, hopeless, no good individuals peddling the despicable lies about them.

What about me nko? I am supposedly a 45 year old single mother who got thoroughly fvcked in a hotel in Ondo state by a Nairalander who has deactivated. My 12 year old daughter is also on Nairaland, according to the trolls. Well, it is just now I'm beginning to calm down, but back then when I no send anybody papa, I was always taking these idiots to the cleaners, together with their ancestry and lineage. I still no send their papa, but the energy to drag them and their cursed lineage is no longer there, so I use the report button.

Now, if I know the people behind these slanderous attacks on my person, don't you think I will file a criminal claim against them? Who has the fvcking time to sue anybody? Get the fools arrested let them prove all they have said. Freedom of speech does not free you from the consequences of that freedom.

Op gidgiddy, don't let me swear for you.
The argument is, why waste the resources of the commonwealth on protecting something as nebulous as someone's private reputation, when there are so many other violent acts requiring police action i.e. people get kidnapped, murdered and violated on hourly bases...it's the same commonsense statute that confers immunity on presidents & governors with respect to activities within their official capacity/tenure...it's all about practicability
Re: It Is Time To Decriminalise Defamation by aswani(m): 9:43pm On Dec 16, 2024
NewDea4:
The argument is, why waste the resources of the commonwealth on protecting something as nebulous as someone's private reputation, when there are so many other violent acts requiring police action i.e. people get kidnapped, murdered and violated on hourly bases...it's the same commonsense statute that confers immunity on presidents & governors with respect to activities within their official capacity/tenure...it's all about practicability
I disagree, there has to be a deterrent to disparaging others on social media.

As someone that has collected wotowoto from Obidients here, thankfully I have a tough skin, it would be nice if some of these razor mouths saw some interaction with the criminal system.
Re: It Is Time To Decriminalise Defamation by NewDea4: 9:50pm On Dec 16, 2024
aswani:
I disagree, there has to be a deterrent to disparaging others on social media.

As someone that has collected wotowoto from Obidients here, thankfully I have a tough skin, it would be nice if some of these razor mouths saw some interaction with the criminal system.
Of course you have every right to disagree but is it practicable? It very very clearly isn't
Re: It Is Time To Decriminalise Defamation by aswani(m): 10:15pm On Dec 16, 2024
NewDea4:
Of course you have every right to disagree but is it practicable? It very very clearly isn't
The criminal system should adjust itself to cope with a sudden rise in the nonsense of social media misbehaviour.

There has to be a true and proper deterrent.
Re: It Is Time To Decriminalise Defamation by GracieX3(f): 9:47am On Dec 17, 2024
joseph1832:
You're just being mischievous. The cases you sited, have all the so called victims you claim them to be, saying things they can't prove.

Defamation should still stand as a criminal offense, if not, people will start saying what they can't prove in other to gain traffic and even you, who wrote this load of bullcrap, won't like it, if I come to social media and start saying I fvcked your mother. Lol.

So you see, defamation should never be decriminalized, if not people will never learn. They still aren't learning even though defamation is a criminal offense, talkless of when it's not a criminal offense.
Ishilove:
Don't mind him. It's easy to yarn crap because they have never been bitten by these nasty modafuckers who go around slandering people's reputation.
Ignorance of the law is not a defence.

When I say that both joseph1832 and ishilove are ignorant about international politics (albeit law this time), people need to believe me.

This issue of defamation has been a discussion in common law across many countries, and especially in the west.

Defamation is both a civil and criminal matter. You can't just say it is a criminal matter.

Should people just go to jail for insulting each other? No.

There are many factors within Defamation-

1. Is it a written or spoken action?
2. Is it between two individuals?
3. Is it between individuals and govt?
4. What is the damage- physical, emotional or financial?
5. How does it relate to free speech concerns?
6. What is the nature of the defamation- insult, false statement, treasonous statement, statement to incite etc.



Where it becomes criminal is if the defamation leads to physical damage. Financial damage between individuals is usually a civil case.

Even when Trump was lied against by a news organisation- it was a civil case and they paid Trump millions in damages.

I am not a lawyer but many principles come into place if you have common sense.
Cc naptu2
Re: It Is Time To Decriminalise Defamation by joseph1832(m): 10:07am On Dec 17, 2024
GracieX3:
Ignorance of the law is not a defence.

When I say that both josep h1832 and ishi love are ignorant about international politics (albeit law this time), people need to believe me.

This issue of defamation has been a discussion in common law across many countries, and especially in the west.

Defamation is both a civil and criminal matter. You can't just say it is a criminal matter.

Should people just go to jail for insulting each other? No.

There are many factors within Defamation-

1. Is it a written or spoken action?
2. Is it between two individuals?
3. Is it between individuals and govt?
4. What is the damage- physical, emotional or financial?
5. How does it relate to free speech concerns?
6. What is the nature of the defamation- insult, false statement, treasonous statement, statement to incite etc.

Where it becomes criminal is if the defamation leads to physical damage. Financial damage between individuals is usually a civil case.

Even when Trump was lied against by a news organisation- it was a civil case and they paid Trump millions in damages.

I am not a lawyer but many principles come into place if you have common sense.
Cc nap tu2
You're not a lawyer but you're a jobless, attention seeking whelp, who have come for his monthly dose attention seeking.

Fool. What has international politics got to do with anything? Did the OP post anything about international politics for you to jump on my mention and start looking for the attention your failed bastard parents failed to give you?

You should get lost, before I rain down on you, like the holy ghost. Bitch_ ass anus loving imp.
Re: It Is Time To Decriminalise Defamation by GracieX3(f): 10:12am On Dec 17, 2024
SMH.

Joseph1832, the truth is bitter. Go and read
Re: It Is Time To Decriminalise Defamation by pongwa(m): 10:15am On Dec 18, 2024
ppp
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