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Welcome to the digital era, an age where social media and online platforms give everyone a voice. Thanks to social media, people can share their thought processes online on a variety of topics at the drop of a hat.
On the flip side, it is now easier to publicise false information across social media, which can be detrimental to some parties. And now, due to rising and reoccurring issues on social media, understanding the distinction between an opinion and defamation has become increasingly crucial.
While both are forms of expression, the legal implications and societal impacts of each can vary significantly. Due to the lack of understanding that one cannot just say what they feel like without proof, scores of social media users have found themselves involved in legal battles against celebrities.
First off, one thing we need to understand is that there is a fine line between 'stating an opinion’ and defaming a person in the process.
What is an opinion?
An opinion is a subjective statement that reflects personal beliefs, thoughts, or feelings. It is inherently subjective and does not claim to present factual information. For example, saying, “I think the movie was boring” is an opinion based on personal experience and taste. Even an insult can be an opinion; take "I think you're not very attractive," for example; it is not defamatory.
In general, opinions are protected under free speech laws, as they express individual viewpoints rather than definitive truths.
Section 39 of the Nigerian constitution guarantees the right to freedom of expression. It states, “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impact ideas and information without interference.”
However, contrary to popular belief, an opinion can, in fact, be defamatory.
What is defamation?
Defamation involves making false statements about someone that can harm their reputation. It can be categorised as slander (spoken defamation) or libel (written defamation).
Speaking to Kemi Afesojaye, MCIArb, and Managing Partner of Wey Practice, she explained that according to the law, for a statement to be defamatory, it must fall into three categories:
The said statement must be false, it must have been publicised to a third party, and it must have the ability to make right-thinking members of society think negatively of another person.
For example, saying, "He committed fraud" without evidence would be defamatory if it harms the person's reputation.
In the case of Speed Darlington, who was reportedly arrested by Burna Boy for defamation, he could be charged, tried and even imprisoned if a criminal case was filed against him.
Afesojaye also explained that a reported statement can also be viewed as defamatory because of the element of publicisation; thus making the reporter liable as the originator of the false statement.
In the case of Falz vs. Verydarkman (VDM), where VDM publicised a voice note of Bobrisky, thus defaming Falz in the process, he is liable because he publicised false statements to his social media followers (third parties). Those statements also caused right-thinking members of society to think negatively of Falz.
Similarly, in April 2024, gospel singer Nathaniel Bassey also petitioned four social media users over their claims that he was the father of Mercy Chinwo’s newborn son.
Highlighting Section 375 of the Criminal Code, Afesojaye further stated that defamation cases can be both civil cases and criminal misdemeanours, which means that a person can either be billed or imprisoned for defamation.
According to Section 375 of the Criminal Code, “Any person who publishes any defamatory matter is guilty of a misdemeanour and is liable to imprisonment for one year.”
This means that if a person files a criminal case against another on the grounds of defamation, the offender could be arrested, charged and imprisoned. Whereas if it is a civil offense, the offender would face paying compensatory damages.
Recall that in 2023, a TikTok user named Okoye Blessing Nwakaego went viral for claiming actress Eniola Badmus was a pimp who connected young women to powerful older men. Okoye was subsequently arrested for defamation, charged and sentenced to three years in prison. However, for being remorseful, Justice Oweibo of the court gave her the option to pay the fine of ₦150,000 instead of jail time, saying that her action contravened Sections 24(1)(b)(2)(a)(c) and 27 of the Cybercrimes Act, 2015.
A person cannot hide under the umbrella of freedom of speech when it comes to cases of defamation. If found guilty, you can be fined or arrested for defaming another party, even if the statements were made on social media.
In conclusion, it is crucial that we carefully navigate conversations in both personal and public forums and recognise the weight and implication of words. The fine line between an opinion and a defamatory statement is the element of truth and proof!