KNOW YOUR RIGHTS: RIGHT TO FREEDOM OF EXPRESSION VIS-À-VIS LAWS PROTECTING THE REPUTATION OF A PERSON

KNOW YOUR RIGHTS

RIGHT TO FREEDOM OF EXPRESSION VIS-À-VIS LAWS PROTECTING THE REPUTATION OF A PERSON 

The right to express oneself is also known as freedom of information. This right is a Fundamental Human Right entrenched in SECTION 39 OF THE 1999 CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA (AS AMENDED) ( hereinafter referred to as CFRN).

On the other hand, the reputation of a person is protected by the law of defamation under the common law. It may also be submitted that the reputation of a person is also protected as a Fundamental Human Right under S.34 of CFRN which provides for right to human dignity. This is so since the word dignity means honour and respect.

In the case of NIGERIA TELEVISION AUTHORITY V. EBENEZER BABALOPE CA/L/12/1408/109, the Court of Appeal defined defamation as: “a statement which is published of and concerning a person, and calculated to lower him in the estimation of right thinking persons or cause him to be shunned or avoided, to expose him to hatred, contempt or ridicule or to convey an imputation on him, disparaging or injurious to him, his office, profession, calling, trade or business”

A defamatory statement is any false or untrue statement which injures the reputation of another person by exposing him to hatred, contempt and ridicule or which tends to lower him in the estimation of right thinking members of the society. Defamation can either be libel (written defamation or defamation in permanent form) or slander (oral defamation).

Thus, the tendency is high that while a person is enjoying or exercising his right to freedom of information/expression, he may encroach on the rights of another individual by injuring his reputation. It is on this note that the law of defamation seeks to protect the reputation of persons.

In conclusion, the right to freedom of information/expression must not be abused. The abuse of the right to freedom of information/expression will lead to a breach of the laws protecting the reputation of persons.

Also the law will only protect the reputation of a person who actually possesses such a reputation. Thus, a person who has conducted himself in a dishonourable manner cannot rely on the laws protecting the reputation of persons to confer honour on himself. A MAN SHALL NOT ENJOY THE REPUTATION WHICH HE DOES NOT HAVE.

Premised on the above, It is hereby submitted as follow:

1. Every person has the right to be informed or to disseminate information.

2. Every person has the right not to have his reputation injured.

3. It will amount to a breach of the law of defamation if a person publishes or communicates a FALSE statement which injures the reputation of another person.

4. It may not amount to a breach of the law of defamation if a person publishes or communicates a TRUE statement even if such a statement injures the reputation of another person. This is because such a case of defamation can be defended by relying on the defence of justification which is premised on the principle that a man cannot earns the reputation which he does not have.

Jimoh Mokanreola Bamigbola Esq.

FOR: M.J.B. BAMIGBOLA & CO