A. Introduction
The social media is full of subscribers who post defamatory contents without compunction, some out of sheer boredom and some out of sheer mischief. When you are the subject of a defamatory content on the social media silence is not golden but suicidal. The focus of this edition of Akintunde Esan’s Legal Illumination is what amounts to a defamatory content on the social media and how the subjects or victims of such content can tackle and manage a defamatory imbroglio.
B. Types of Defamatory Contents
There two types of defamatory contents namely:
libel and slander.
1. Libel: Libel is a defamatory content in a written or printed or in any permanent form such as the social media or internet.
2. Slander: Slander is a defamatory content expressed through speech or made in a transient form. Slanderous contents or statements generally are those defamatory words that, are not recorded with some degree of permanence.
Libel is not merely an actionable tort, but also a criminal offence, whereas slander is a civil injury only. Libel is in all cases actionable per se but slander is, save in special cases, actionable only on proof of actual damages.
C. When is a Content Defamatory?
No doubt under international and Nigerian Laws every person is entitled to the freedom to express and share information and personal opinion, sentiment, believe, convictions, views and thoughts on social media, However, the right to freedom to share contents on the social media is not at large, it is subject to a legal obligation not to share contents that are defamatory or defaming.
A content is said to be defamatory, when the content is shared on the social media to a third person or persons and the shared content has any of the following effects:
i. lowers the person who is the subject of the content in the estimation of right-thinking members of society generally; or
ii. cuts him or her off from society; or
iii. exposes him or her to hatred, contempt or ridicule; or
iv. causes other persons to shun or avoid him or her; or
v. discredits him or her in his office, trade or profession; or
vi. injures his or her financial credit
D. How to tackle a Defamatory Content
In this Legal Illumination for the purpose of tackling defamatory contents shared on social media or online, it is presumed that:
i. the defamatory contents were published;
ii. the defamatory contents were published to a third party or parties;
iii. the defamatory contents complained of refer to the Complainant;
iv. the defamatory contents were/are defamatory of the Complainant;
v. the defamatory contents were/are false; and
vi. there was/is no justifiable legal ground for the publication of the defamatory contents.
Once these six legal presumptions are not rebuttable, the defamed person can proceed to take the following steps:
Step 1
Get a Lawyer to write and demand for a retraction of the published or posted defamatory content from where it has been published and a public apology be made. If the content is not retracted this will lead to the next step.
Step 2
The offended person defamed can institute a civil suit or initiate a criminal prosecution against the defamer.
1. Criminal Prosecution:
In a criminal suit the person who post or shared or published the content will on conviction be liable to imprisonment or payment of fine or both. Under the Cyber Crimes (Prohibition, Prevention, etc.) Act, 2015 it is a criminal offence for any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that:
a) is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be so sent; or
b) he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent.
2. Civil Action
In a civil action or suit the defamer is entitled to claim for the payment of a sum as damages for defamation of character. The Court would take the following facts into consideration:
a. The damages must be adequate to repair the injury to the defamed person's reputation.
b. The damages must atone for the assault on the defamed person's character and pride which were unjustifiably invaded.
c. It must reflect the reaction of the law to the impudent and illegal exercise in the course of which the libel was unleashed by the defamer.
d. It must also take into account the loss of social esteem and the natural grief and distress to which the defamed person must have been put.
e. The fact that the defamer did not show any remorse and did not care whether or not the defamed person's reputation or feeling was injured.
f. The social standing of the defamed person must also be considered.
g. The rate of inflation which has adversely affected the value of the national currency.
The defamed can also pray the Court for an order directing the defamer to offer a public apology to the defamed and payment of the costs of filing the civil suit.
E. Conclusion
Defamatory content on social media spreads like a virus and if left unattended to will be a permanent stain on the internet. Silence is not golden but suicidal on the social media, as silence on a defamatory content means acceptance and will be taken as true by the public and prospective employers, employees, clients, customers, patients, spouse, friends and business partners.
You may contact Akintunde Esan of Ase Olodumare Chambers, if you are in need of further illumination or legal advice on the steps to take to tackle defamatory contents posted or shared on the social media or published online against you or persons dear to you.
HOW TO TACKLE DEFAMATORY CONTENTS ON SOCIAL MEDIA is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators)
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