A Nosy Insight Into The Tort of Defamation



ADVERTISEMENT

The
word ‘tort’ means wrong. Any unjustifiable interference and encroachment with
the right of another person may be a tort. The purpose of the law of tort
however, is to prevent, prohibits and dismember a person from doing wrong to
another person, and in events where a wrong has already been done, to afford
the injured party, right of action for compensation and other remedies.
                                
            It can hence, be derived that the
main remedies available to a person in the law of tort are:
1)                 
Award of damages,
that is monetary compensation
2)                 
Injunction and /or
3)                 
Any other remedy
such as an order to abate a missance, or for specific restitution of a chattee
of which the plaintiff has be dispossessed and so forth.

Defamation
is “The publication of a statement which tends to lower a person in the
estimation of right thinking members of society or which tends to make them
shun or avoid that person (sir percs- H. WINFIELD). It therefore boils down to false
or wrong information that damages the reputation of the person and lowers him
in the estimation of right thinking person generally.
           
            A person can be said to commit the
tort of defamation when he publishes to a third party, discrediting information
about another person and causes him to be shunned by reasonable members of the
public.
            The purpose of the law of defamation
is to vindicate, compensate and protect the good name of a person where there have
been damages and therefore, protect and compensate any loss of reputation the
person may have on his person, offices trade, cabin or profession.
                                                 
            However, it must be noted that where a person has no good reputation in respect
to what is being said, then, the law has nothing to protect for him. A person
cannot recover damages for loss of reputation he does not have. Thus, it is not
every statement that causes damage to a person that gives rise to liability in
defamation. For example, if a person has been convicted for stealing or
perjury, it will not be a defamation to call that person a thief or a liar
respectively.
            There are the (2) types of
defamation: Libel and Slander,
            A libel is a defamatory statement
made in a visible or permanent form, such as written or printed statement, for
instance, in books, newspapers, notes, circular, letter, radio, television, broadcast,
and any recorded audio visual material and so forth. The distinguishing,
feature of the tort of libel is that it is permanents, as the statements remain
in a permanent form. However, these statements can be withdrawn, expunged or
destroyed by the defendant or at the order of court.
            Slander is a statement made in a
transitory form and not permanent. It is usually by words, speech and sometimes
gestures which may or may not be combined with speech, hence they are not in a
permanent form.
            The tort of defamation given the
mode and nature of actions and happenings in the nation today, and the
increasing political awareness, and the Nigerian desire for the freedom of the
press, and the inevitability of the growing desire for the practicality of
fundamental human right, there is no limit to which the tort of defamation can
be ignored. 
Contributed by Justice .O. Nwaneri
ADVERTISEMENT

Want Latest Controversial News? Download the Linjust app for Android Phones.

Do you suspect your loved one is cheating on you ? Find out with this amazing app.Records all calls, text messages, surroundings of the phone even when not on a call and more.

Looking For a Well-Paid Job? Start working as a Movie Extra & Earn up to $300/day

YOUR AMERICAN DREAM IS IN YOUR HANDS. 50,000 People and their families wins the GREEN CARD lottery every year.2017 REGISTRATION HAS STARTED! CLICK HERE to Submit your green card application today!

Study in USA with an official American Green Card. CLICK HERE

Enjoy sex again, save your marriage, all thanks to Gods gift! [United states only]

Teeth Whitening system can deliver whitening results similar to those you’ll get when you pay hundreds or even thousands of dollars at the dentist.[This Offer is available only for UK]


Like it? Share with your friends!

Leave a Reply

Be the First to Comment!

avatar
wpDiscuz

log in

reset password

Back to
log in