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.
Continue reading after the cut....
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.- Temitayo Famutimi /Punch
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