What is Defamation
What is Libel?
A libel is a defamatory statement made in visible permanent form such as written or printed statement. For example, books, newspapers, notes, circular, painting, photograph, films, letters and memoranda. Section 3 Defamation Law (1961) and Section 3 Law of Lagos State (1973) Cap 34 also provides that any defamatory words contained in a radio and television broadcast, and any recorded audio-visual material are within the ambit of libel. See also Section 2(1) .Law of Western Nigeria Cap 32. \n Sketch Publishing Co. Ltd v. Ajagbe Mokeferi (1989) I NWLR pt 100, pg. 678 SCI. It was held that in libel, the defamatory statement remains in a permanent form long after publication and may be referred to by any persons in future and cause damage to the person or his family, except the materials are withdrawn from circulation or destroyed by the defendant at the order of the court.
Vulgar Abuse
As a general rule, mere vulgar abuse or insult is not slander and thus not defamation, therefore they are not actionable in slander. .Bakare V. Isola The question whether the annoying or irritating words are mere vulgar abuse or whether they actually amount to a slander is a matter of fact which has to be decided by the court looking at the circumstances in which they were uttered i.e. the facts of each case.
What is Defamation
Defamation is any expression or publication that damages the reputation of another person. Thus, defamation is the publication of information that lowers a person in the estimation of right thinking persons generally. According to Sir Percy H Winfield in Law of torts 8 Edition he said that; "Defamation is the publication of a statement which tends to lower a person in the estimation of right thinking members of the society generally, or which tends to make them shun or avoid that person Essentially, 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. See Atoyebi V. Odudu Therefore, a person commits the tort of defamation when he publishes to a third party, a discrediting information about another person.
Distinction between Libel and Slander
Historically, libel and slander were separate torts, but today they are treated as two aspects of the single tort of defamation and are generally governed by the same principle. The difference between the two however is that libel is actionable per se, i.e. without the need to proof special or actual damage, slander is not actionable per se except in certain cases e.g. 1.Alleging the commission of a crime punishable by imprisonment or corporal punishment. 2.Alleging that a person is suffering from a contagious or infectious disease, which renders the sufferer liable to be ostracized from society. 3.Alleging unchastity in a woman or girl 4.Alleging that a person is unfit for any office, profession, trade, calling or business held or being carried on by the person. 5.In the above four exceptions, slander is actionable per se and it does operate and have effect as if it is a libel.
CRIMINAL LIBEL
Section 373-380 of the criminal Code also provide that criminal libel is a crime i.e. where a defamation tends to breach the peace, arrest and prosecution may follow a defamatory publication. See R v. Wicks (/936P .ER 384.
What is Slander
Slander is a statement made in a transitory form and not in a permanent form, most often through the medium of spoken words or gesture. It is sometimes said that libels is addressed to the eye, whilst slander is addressed to the ear. Therefore, it is doubtful whether defamatory statements contained in tape recordings or cassettes are libel or slander, for they are permanent form and yet addressed to the ear. Slander is only actionable on proof of damages, unless in the exceptions where slander operates like a libel. Opara V. Umeh In Yesufu V. Gbadamosi It was held that in slander the alleged defamatory words relied upon must be pleaded and proved in evidence. In other words slander is not actionable per se, unless it inputs a crime, contagious disease, unchastity in a woman, or it damages a person in any office, trade, profession canied on by him. See also the case Coward V. Wellington
Defamation and the Standard of Right Thinking Members of the Society
There should be a standard of right thinking members of society to be used as a yardstick to measure and determine who and when there statements can be regarded as defamatory. For a tort of defamation to pass the standard acceptable to all, the statement must be false and capable of damaging the reputation of another person in the estimation of a reasonable or right thinking member of the society. The defamatory statement must not emanate from a fool or a highly technical person like a lawyer who will usually subject each word in your statement to various interpretations. The requirement for defamation is to have a damaging statement to the reputation of a person in the estimation of a normal reasonable and right thinking person. See the case Egbuna V. Amalgamated Press of Nig. Ltd (1967) See Sim v. Stretch (1936) 2 ALL ER 1237HL.
WHEN IS VULGAR ABUSE ACTIONABLE
Where a vulgar abuse alleges a specific act or wrongdoing, or accuses that the plaintiff committed a specific crime, then the statement will not be regarded as a mere slander, as the statement may lead to the plaintiff being shunned by the public or arrested by the police. The court will hold such vulgar abuse as defamatory whether or not it was said in an atmosphere of.jokes or in the heat of anger..see lbeanu v. Uba (1972) 2 ECSLR 194 at 195.