Online defamation in Nigeria: Free speech, reputation and the law in the digital age, By Oyetola Muyiwa Atoyebi

The challenge lies in ensuring that legal frameworks keep pace with technological change without unduly stifling legitimate expression.

As Nigeria continues to navigate the complexities of the digital age, online defamation will remain a critical intersection of law, technology, and societal values. The task before lawmakers, courts, and citizens alike is to ensure that the internet becomes a space where rights, responsibilities, and accountability coexist.

Defamation has long occupied a central place in Nigerian jurisprudence. Even in the early years following independence, actions for defamation were among the most prominent forms of civil litigation, with leading political figures frequently suing national newspapers over damaging publications. At the time, there was hardly a major newspaper that was not defending at least one libel suit. That historical reality underscores how seriously Nigerian law has always regarded reputation as a protectable legal interest.

Today, however, the battleground has shifted. The rise of the internet and social media has transformed how information is created, shared, and consumed. Statements capable of damaging a person’s reputation can now be published with ease, transmitted instantly, and accessed across multiple jurisdictions at minimal cost. In this digital environment, online defamation has become increasingly common, raising important questions about the scope of legal protection, personal responsibility, and the balance between free expression and reputational rights.

Under Nigerian law, defamation generally refers to a false statement made to a third party that injures the reputation of another. Black’s Law Dictionary describes it as the malicious or groundless harm to a person’s good name through false statements communicated to others. This definition aligns with section 373 of the Criminal Code, which characterises defamatory matter as any expression likely to expose a person to hatred, contempt, or ridicule, or to damage their professional or business reputation. Such matter may be conveyed in spoken words, writing, signs, or any other medium, whether directly or by implication, irony, or insinuation.

What is striking about the statutory definition is its breadth. It recognises that defamation is not limited to traditional print or speech, but can occur through virtually any medium capable of communicating meaning. This expansive understanding has made it easier for Nigerian courts to adapt long-established principles of defamation law to modern forms of communication, including online publications and social media platforms.

The legal response to online defamation in Nigeria is further reinforced by the Cybercrimes (Prohibition, Prevention, etc.) Act 2015. The Act criminalises the knowing transmission of false messages through computer systems for purposes such as causing annoyance, insult, hatred, ill will, or injury to another person. Upon conviction, offenders may face substantial fines, imprisonment, or both. Although the Act has generated debate over its impact on freedom of expression, it represents a clear legislative attempt to address harmful conduct in the digital space.

In practical terms, Nigerian courts have recognised that individuals who post content on social media are publishers in the eyes of the law. This means that a person who shares false or defamatory statements online may be held liable in the same way as a traditional media house. The simplicity of pressing “send” or “post” does not absolve anyone of responsibility for the legal consequences of their words.

One recurring question in online defamation cases is who may be sued, and who has the right to sue. In principle, any natural or juristic person, other than a government entity, may bring an action for defamation. The proper defendant is the person who published the defamatory material or caused it to be published. This position was clearly affirmed by the courts, which have emphasised that defamation is a personal action, rooted in injury to reputation.

Traditionally, Nigerian law recognises two forms of defamation: libel and slander. Libel refers to defamatory statements in permanent form, such as writing, print, pictures, or other recorded media. Slander, on the other hand, involves defamatory statements in transient form, typically spoken words or gestures. While the distinction remains relevant, the digital age has blurred the line between permanence and transience. Online posts, voice notes, and video recordings may be fleeting in intent, yet permanently stored and widely disseminated, thereby attracting the characteristics of libel, rather than slander.

One recurring question in online defamation cases is who may be sued, and who has the right to sue. In principle, any natural or juristic person, other than a government entity, may bring an action for defamation. The proper defendant is the person who published the defamatory material or caused it to be published. This position was clearly affirmed by the courts, which have emphasised that defamation is a personal action, rooted in injury to reputation. While some claimants attempt to target internet service providers or hosting platforms because of their financial capacity, liability ultimately turns on the proof of publication and responsibility for the content complained of.

To succeed in a defamation claim arising from social media or online publications, a claimant must establish certain core elements. These include the existence of a false statement of fact, publication to a third party, fault on the part of the defendant, and resulting damage to reputation. Nigerian courts have consistently insisted on the strict proof of these elements, particularly the requirement that the claimant must be clearly identifiable as the person defamed.

Damages in defamation cases are not awarded lightly. The guiding principle is that compensation is justified only where there is proof that the claimant’s reputation has been injured. The courts have made it clear that damages are not intended as a windfall, but as a means of vindicating reputation and providing redress for genuine harm suffered.

Judicial attitudes toward online defamation continue to evolve. Nigerian appellate courts have reiterated that it is not enough for defamatory words to exist in the abstract; the claimant must show that reasonable persons, familiar with the circumstances, would understand the words as referring to them. The courts have also reaffirmed that once defamation is established, it is actionable without proof of special damage, particularly in cases of libel.

Ultimately, the protection of reputation remains a cornerstone of Nigerian law. The challenge lies in ensuring that legal frameworks keep pace with technological change without unduly stifling legitimate expression. There is a growing need for public education on responsible online conduct and for greater awareness of what constitutes defamatory content.

Another significant development relates to jurisdiction in online defamation cases. Given the global accessibility of internet publications, Nigerian courts have been careful not to assume jurisdiction merely because defamatory material exists online. The cause of action is considered complete only when the publication is accessed or downloaded by a third party in the jurisdiction where the claimant’s reputation is alleged to have been harmed. This approach reflects a pragmatic attempt to balance the borderless nature of the internet with established principles of territorial jurisdiction.

In essence, a Nigerian court will assume jurisdiction over an online defamation claim where it is shown that the defamatory content was accessed in the relevant state and that the claimant’s reputation suffered harm there. The focus is therefore not solely on where the defendant resides or conducts business, but on where the reputational injury occurred.

The rise of online defamation highlights a broader societal challenge. While the internet has democratised speech and expanded access to information, it has also amplified the potential for reputational harm. Many individuals remain unaware that their online conduct may carry serious legal consequences. Others mistakenly assume that freedom of expression is absolute, overlooking the fact that the law draws a firm boundary where speech unjustifiably injures reputation.

Ultimately, the protection of reputation remains a cornerstone of Nigerian law. The challenge lies in ensuring that legal frameworks keep pace with technological change without unduly stifling legitimate expression. There is a growing need for public education on responsible online conduct and for greater awareness of what constitutes defamatory content. At the same time, intermediaries that provide digital platforms must take reasonable steps to address clearly harmful material, while respecting due process and lawful expression.

As Nigeria continues to navigate the complexities of the digital age, online defamation will remain a critical intersection of law, technology, and societal values. The task before lawmakers, courts, and citizens alike is to ensure that the internet becomes a space where rights, responsibilities, and accountability coexist.

Oyetola Muyiwa Atoyebi, a Senior Advocate of Nigeria, Fellow of the Chartered Institution of Arbitrators (UK), a notary public, and managing partner at Omaplex Law Firm, writes from Abuja.