Defamation Law

1. Citation. This Law may be cited as the Defamation Law.

2. Interpretation. (1) Any reference in this Law to words shall be construed as including a reference to pictures, visual images, gestures and other methods of signifying meaning. 15 and 16 1 Eli.2. c.66, s.16 (2) In this Law “newspaper” means any paper containing public news, intelligence or occurrences or any remarks, observations or comments thereon printed and published in Nigeria periodically or in parts or numbers.

3. Broadcast statements. For the purposes of the law of libel and slander the broad-casting of words by means of wireless telegraphy information through computer network or Internet shall be treated as publication in permanent form. 15 & 16 Go.6 & 1 Eli. 2, c.66, s.1

4. Slander of women. Words spoken and published which impute unchastity or adultery to any woman or girl or misconduct in a professional capacity by a practitioner whose profession is recognised by law shall not require special damage to render them actionable: Provided that in any action for such words spoken and published, a plaintiff shall not recover more costs than damages unless the court shall certify that there was reasonable ground for bringing the action. 54 & 55 Vict. c.51, s.1

5. Slander affecting official professional or business reputation. In an action for slander in respect of words calculated to disparage the plaintiff in any office, profession, calling, trade, or business held or carried on by him at the time of the publication it shall not be necessary to allege or prove special damage whether or not the words are spoken of the plaintiff in the way of his office, profession, calling, trade or business6 15 & 16 Go. 6 & 1 EIi.2, c.66. s.5 Cap 52 LBSN

6. Slander or title, etc. (1) In an action for slander of title, slander of goods or other malicious falsehood, it shall not be necessary to allege or prove special damage - 15 & 16 Go.6 & 1 E1i 2, c.66, s.3 (a) if the words upon which the action is founded are calculated to cause pecuniary damage10 to the plaintiff and are published in writing or other permanent form; or (b) if the said words are calculated to cause pecuniary damage to the plaintiff in respect of any office, profession, calling, trade or business held or carried on by him at the time of the publication - (2) Section 3 of this Law shall apply for the purposes of this section as it applies for the purposes of the law of libel and slander.

7. Consolidation of action. (1) It shall be competent for the court upon an application by or on behalf of two or more defendants, in actions in respect to the same or substantially the same libel brought by one and the same person, to make an order for the consolidation of such actions11 so that they shall be tried together; and after such order has been made and before the trial of the said actions the defendants in any new actions instituted in respect of the same or substantially the same libel shall also be entitled to be joined in a common action upon a joint application being made by such new defendants and the defendants in the actions already consolidated. 51 & 52 Vic.C.64, s.5. s.7Cap52 LBSN, 1976 (2) Falsehood as it applies for libel and references in the preceding sub-sections to the same or substantially the same libel shall be construed accordingly.

8. Offer of apology admissible in evidence of mitigation or damages. In any action for defamation it shall be lawful for the defendant (after notice in writing of his intention so to do given to the plaintiff at the time of filing or delivering the plea in such action) to give in evidence, in mitigation of damages, that he made or offered an apology to the plaintiff for such defamation before the commencement of the action or as soon afterwards as he had an opportunity of doing so in case the action afterwards. 6 & 7 vic c.96, s.1

9. Evidence of other damages recovered by plaintiff. In any action for libel or slander the defendant may give evidence in mitigation of damages that the plaintiff has recovered damages or has brought actions for damages for libel or slander in respect of the publication of words to the same effect as the words on which the action is founded or has received or agreed to receive compensation in respect of any such publication. 15 & 16 Go.6 & 1 Eli 2, s.12 s.9, Cap 52 LBSN 1976

10. Unintentional defamation. (1) A person who has published words alleged to be defamatory of another person may, if he claims that the words were published by him innocently in relation to that other person, make an offer of amends under this section; and in any such case - 15 & 16 Go.6 & 1 Eli .2, c.6, s.4 (a) if the offer is accepted by the party aggrieved and is duly performed, no proceedings for libel or slander shall be taken or continued by that party against the person making the offer in respect of the publication in question (but without prejudice to any cause of action against any other person jointly responsible for that publication). (b) if the offer is not accepted by the party aggrieved, then, except as otherwise provided by this section, it shall be a defence, in any proceedings by him for libel or slander against the person making the offer in respect of the publication in question, to prove that the words complained of were published by the defendant innocently in relation to the plaintiff and that the offer was made as soon as practicable after the defendant received notice that they were or might be defamatory of the plaintiff, and has not been withdrawn. (2) An offer of amends13 under this section must be expressed to be made for the purposes of this section, and must be accompanied by an affidavit specifying the facts relied upon by the person making it to show that the words in question were published by him innocently in relation to the party aggrieved; and for the purposes of a defence under paragraph (b)of subsection (1) of this section no evidence, other than evidence of facts specified in the affidavit, shall be admissible on behalf of that person to prove that the words were so published. (3) An offer of amends under this section shall be understood to mean an offer - (a) in any case, to publish or join in the publication of a suitable correction of the words complained of, and a sufficient apology to the party aggrieved in respect of those words; (b) where copies of a document or record containing the said words have been distributed by or with the knowledge of the person making the offer, to take such steps as are reasonably, practicable on his part for notifying persons to whom copies have been so distributed that the words are alleged to be defamatory of the party aggrieved. (4) Where an offer of amends under this section is accepted by the party aggrieved- (a) any question as to the steps to be taken in fulfillment of the offer so accepted shall in default of agreement between the parties be referred to and determined by the court, whose decision thereon shall be final; (b) the power of the court to make orders as to costs in proceedings by the party aggrieved against the person making the offer in respect of the publication in question, or in proceedings in respect of the offer under paragraph (a) of this subsection, shall include power to order the payment by the person making the offer to the party aggrieved of costs on an indemnity basis and any expenses reasonably incurred or to be incurred by that party in consequence of the publication in question; and if no such proceedings as aforesaid are taken, the court may upon application made by the party aggrieved, make any such order for the payment of such costs and expenses as aforesaid as could be made in such proceedings. (5) For the purposes of this section words shall be treated as published by one person (in this subsection referred to as the publisher) innocently in relation to another person if and only if the following conditions are satisfied, that is to say - (a) that the publisher did not intend to publish them of and concerning that other person, and did not know of circumstances by virtue of which they might be understood to refer to him; or (b) that the words were not defamatory on the face of them, and the publisher did not know of circumstances by virtue of which they might be understood to be defamatory of that person. and in either case, that the publisher exercised all reasonable care in relation to the publication; and any reference in this subsection to the publisher shall be construed as including a reference to any servant or agent of his who was concerned with the contents of the publication. (6) Paragraph (b) of subsection (1) of this section shall not apply in relation to the publication by any person of words of which he is not the author unless he proves that the words were written by the author without malice.

11. Justification. In an action for libel or slander in respect of words containing two or more distinct acts against the plaintiff, a defence justification15 shall not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the plaintiff’s reputation having regard to the truth of the remaining charges. 15 & 16 Go.6 & 1 Eli.2, c.66, s.5

12. Fair comment. In an action for libel or slander in respect of words consisting partly of allegations of fact and partly of expressions of opinion a defence of fair comment17 shall not fail by reason only that the truth of every allegation of fact is not proved if the expression of opinion is fair comment having regard to such of the facts alleged or referred to in the words complained of as are proved. 15 &16Go.6& 1 Eli.2, c.66, s.6

13. Limitation on privilege at elections. A defamatory statement published by or on behalf of a candidate in any election to a Legislative house or a local government authority in Nigeria shall not be deemed to be published on a privileged occasion on the ground that it is material to a question in issue in the election, whether or not the person by whom it is published is qualified19 to vote at the election. 15 & 16 Go. 6 &1 Eli.2, c.66.

14. Newspaper; plea of absence of malice or negligence, etc. In an action for libel contained in any newspaper it shall be competent to the defendant to plead that such libel was inserted in such newspaper without actual malice and without gross negligence, and that before the commencement of the action or at the earliest opportunity afterwards he inserted in such newspaper a full apology for the said libel, or if the newspaper in which the said libel appeared should be ordinarily published at intervals exceeding one week had offered to publish the said apology in any newspaper to be selected by the plaintiff in such action; and to such plea it shall be competent to the plaintiff to reply generally, denying the whole or any part of such plea: Provided that it shall not be competent to any defendant in such action to file any such plea without at the same time making a payment of money into court by way of amends, but every such plea so filed without payment of money into court shall be deemed a nullity and may, be treated as such by the plaintiff in the action. 6 & 7Vic.C. 96, s.28&9Vic.C. 75, s.2

15. Newspaper reports of court proceedings in Nigeria: absolute privilege. (1) A fair and accurate report in any newspaper of proceedings publicly heard before any court exercising judicial authority within Nigeria shall, if published contemporaneously with such proceedings be absolutely privileged. 51 & 52 Vic.c.64, s. 3, Go .6 and 1 Eli 2, c.66, s.8 (2) Where the publication is a correct reproduction of a court process duly filed and paid for in the usual course, the fact that such process has not been made use of in open Court shall not be a bar to absolute privilege provided the source of the words is correctly disclosed and the circumstances correctly stated.

16. Newspaper reports of certain matters qualified privilege. (1) Subject to the provisions of this section, the publication in a newspaper of any such report or other matter as is mentioned in the Schedule to this Law shall be privileged unless the publication is proved to be made with malice. 15 & 16 Go. 6 and l Eli 2, c. 66, s.7 Schedule] (2) In an action for libel in respect of the publication of any such report or matter as is mentioned in Part 2 of the Schedule to this Law the provisions of this section shall not be a defence if it is proved that the defendant has been requested by the plaintiff to publish in the newspaper in which the original publication was made, a reasonable letter or statement by way of explanation or contradiction, and has refused or neglected to do so or has done so in a manner not adequate or not reasonable having regard to all the circumstances. (3) Nothing in this section shall be construed as protecting the publication of any matter the publication of which is prohibited by law, or of any matter, which is not of public concern, and the publication of which is not for the public benefit.

17. Extension of certain defences to broadcasting. (1) Sections 15 and 16 of this Law shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station within Nigeria and in relation to any broadcasting, they apply in relation to reports published in a newspaper and to publication in a newspaper; and subsection (2) of the said section 16 shall have effect in relation to such broadcast as if for the words "in the newspaper in which" there were substituted the words "in the manner in which.". 15 & 16 1 Eli. 2, c.66, 9 (2) In this section "broadcasting station”23 means any station in respect of which a licence granted under any Law24 or Act25 relating to wireless telegraphy is in force, being a licence which (by whatever form of words) authorises the use of the station for the purposes of providing broadcasting services for general reception.

18. Agreements for indemnity. An agreement for indemnifying26 any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory and does not reasonably believe there is a good defence to any action brought upon it. 15 & 16 Go.6 and Eli. 2, c.66, s. 11

19. Proceedings affected and saving. (1) This Law applies for the purposes of any proceedings begun after the commencement of the Law whenever the cause of action arose but does not affect any proceedings begun before the commencement of this Law. 15 & 16 Go. 6 and 1 Eli. 2. C.66, s. 17. Cap. 52 LBSN 1976 (2) Nothing in this Law affects the Law relating to criminal libel. DEFAMATION LAW. SCHEDULE NEWSPAPER STATEMENTS HAVING QUALIFIED PRIVILEGE S. 16 PART I Statements Privileged without Explanation or Contradiction

1. A fair and accurate report of any proceedings in public of the legislature of any Commonwealth country outside Nigeria.

2. A fair and accurate report of any proceedings in public of an international organization of which the State or the Federation of Nigeria or the Government of either is a member or of any international conference to which either sends a representative.

3. A fair and accurate report of any proceeding in public of an international court.

4. A fair and accurate report of any proceedings before a court exercising jurisdiction throughout any Commonwealth country outside Nigeria or of any proceedings before a court martial held outside Nigeria.

5. A fair and accurate report of any proceedings in public of a body or person appointed to hold a public enquiry by the government or legislature of any Commonwealth country outside Nigeria.

6. A fair and accurate copy of or extract from any register kept in pursuance of any Law or Act which is open to inspection by the public or any Commonwealth country outside Nigeria. 7. A notice or advertisement published by or on the authority of any court within Nigeria or officer of such a Court.

8. A fair and accurate report of a press conference addressed by the President, Vice President, Governor or Deputy Governor or any public officer32 who is not below the Head of his Department made during the course of his official briefing of the public. PART 2 - STATEMENT PRIVILEGED SUBJECT TO EXPLANATION OR CONTRADICTION (9). A fair and accurate report of the findings or decision of any of the following associations or of any committee or governing body thereof, that is to say - (a) an association formed in Nigeria for the purpose of promoting or encouraging the exercise of or interest in any art, science, religion or learning and empowered by its constitution to exercise control over or adjudicate upon matters of interest or concern to the association or the actions or conduct of any persons subject to such control or adjudication; (b) an association formed in Nigeria for the purpose of promoting or safeguarding the interests of any trade, business, industry or profession or of the persons carrying on or engaged in any trade, business, industrial or profession, and empowered by its constitution to exercise control over or adjudicate upon matters connected with the trade, business, industry or profession or the actions or conduct of those persons; (c) an association formed in Nigeria for the purpose of promoting or safeguarding the interests of any game, sport or pastime to the playing or exercise of which members of the public are invited or admitted and empowered by its constitution to exercise control over or adjudicate upon persons connected with or taking part, in the game, sport or pastime, being a finding or decision relating to a person who is a member of or is subject by virtue of any contract to the control of the association.

10. A fair and accurate report of the proceedings at any public meeting held in Nigeria, that is to say a meeting bona-fide and lawfully held for a lawful purpose and for the furtherance or discussion of any matter of public concern, whether the admission to the meeting is general or restricted.

11. A fair and accurate report of the proceedings at any meeting or sitting in any part of Nigeria of - (a) any Local Government Council or committee of a Local Government Council: (b) any commission, tribunal, committee or person appointed for the purposes of any inquiry by or under any Law or Act; (c) any person appointed by any Local Government Council to hold a local inquiry in pursuance of any Law or Act; (d) any other tribunal, board, committee or body constituted by or under or exercising functions under any Law or Act, not being a meeting or sitting admission to which is denied to representatives of newspapers and other members of the public.

12. A fair and accurate report of the proceedings at a general meeting of any company or association constituted, registered or certified by or under any Law or Act or formed in pursuance of any Act of Parliament or of letters patent, not being a private company33 within the meaning of the Company and Allied Matters Act 1990.

13. A copy or fair and accurate report or summary of any notice of other matter issued for the information of the public by or on behalf of any government department, office of state, Local Government or Senior Police Officer. PART 3 - INTERPRETATION

14. In this Schedule "Commonwealth country" means the whole of any territory within the Commonwealth which is subject to a separate legislature; "International court" means the International Court of justice35 and any other judicial or arbitral tribunal deciding matter in dispute between States; "Legislature" in relation to any Commonwealth country which is subject to a central and local legislature means either of those legislatures: "Local Authority" means any Local Government established within Nigeria under any Law or Act.