All over the world, the social media has provided individuals with the
opportunity to express themselves. Unlike real life situations where
social etiquette and manners are largely restrictive and limiting,
people tend to have a greater sense of freedom in expressing their
interests, feelings, ideas, views and opinions on social media.
While browsing the comment sections of some news websites, blogs,
forums and discussion groups, this reporter often stumbles on touchy
comments or reactions by online readers whenever they feel disenchanted
by the subject of a certain news story.
For example, Jonathan’s adventure and engagement with Nigerians on
Facebook has made him one of the most insulted personalities on the
social network. Many Nigerians who object to his policies have taken
advantage of the social media to continually criticise and hurl insults
and abuses at him at every opportunity.
Besides, despite Facebook’s Statement of Rights and Responsibilities,
which clearly warns users to respect the rights of other people and to
avoid posting content or taking any action on Facebook that infringes
or violates someone else’s rights, it is common to see some people
commit slander, spread lies or use lewd and profane languages to hurt
others.
It is so easy for someone to upload a video on YouTube, start a
group on Facebook, tweet a statement on Twitter or open a blog and start
writing to attack another person’s reputation. The spontaneity with
which messages go viral on the Internet further complicates matters.
However, legal experts in Nigeria warn that social media users who
engage in the act of damaging people’s reputation need to retrace their
steps.
According to them, the absence of a comprehensive law in the country,
since Nigeria has yet to have specific laws addressing slander
committed via social networks, should not be seen as providing a leeway
for citizens to engage in such despicable acts.
They argue that the Evidence Act as amended in 2011 makes provision
for the admissibility of computer generated evidence to prove such cases
in the law court.
The Chairman of the Nigeria Bar Association, Ikeja Branch, Mr. Monday
Ubani, notes that messages, which defame other people on social
networks have assumed alarming dimension.
Ubani says anyone who suffers acts of defamation on social media
could, as a result of the amended section of the Evidence Act, seek
redress in court.
Describing defamation as a dual-nature offence, which makes it either
a civil wrong or a criminal act, he says the civil form of defamation
seeks to protect one’s reputation and good name from being tainted. In
criminal defamation, the law seeks to prevent a situation, especially on
the part of State, where public peace is endangered.
He says, “Section 84 of the Evidence Act, as amended in 2011, makes
provision for admissibility of computer-generated evidence, and such
evidence(s) of defamation on social networks will be acceptable when
tendered once the complainant, can establish the source of the evidence;
and the process of collecting the evidence can be certified.
“If the accused is found guilty in the case of criminal form of
defamation, he or she risks jail term. Section 375 of the Criminal Code
classifies defamation as a misdemeanour and when found liable, the
accused faces a sentence of one year imprisonment.
“But if you publish a defamatory comment or material and it could be
proved that the accused knows full well that the statement is false
before publishing on the said medium, the accused if convicted will be
sentenced to two year imprisonment.
“However, Section 376 of the Criminal Code frowns at people who
defame other people’s character with the intent to extort or induce the
affected person to part with money or property. Such acts are classified
as felony and if found guilty, the accused risks seven years’
imprisonment for the injuries and damages done.’’
Ubani says the civil form of defamation could make the defendants pay
huge sums of money in terms of remedies after determination of such
suits. He advises Nigerians who make avid use of the social media to be
careful with what they post on social networks as it could backfire.
Stemming from the absence of a clear-cut comprehensive law in the
country guiding people’s modus operandi on social platforms, Ubani urged
the National Assembly to make laws that would protect citizens from
suffering injuries as a result of defamation on social media.
“We are in a digital generation and the National Assembly should move
with the times. We need a substantive law that would protect people
from character assassination and defamation on social platforms. We
cannot continue to dwell on old laws in this age,” he adds. [iPunch]
