A defamatory statement is one which injuries the reputation of one among the right thing members

of the society.

In the case of Benue Printing & Publishing Corp. v. Gwagwarda (1989) 4 NWLR (Pt. 116) 439, the
Supreme Court provided a definition for the tort of defamation, stating that it involves making
statements that could potentially diminish the plaintiff's reputation in the eyes of the general public,
isolate them from society, or subject them to feelings of hatred, contempt, or ridicule among right-
thinking members of society.

A defamatory statement does need always to be in the form of spoken or written words; it can also
be manifested through carvings, paintings, effigies, or gestures. It doesn't matter if the recipient of
the defamatory statement didn't believe it to be true. What's crucial is that the statement has the
potential to damage or diminish the plaintiff's reputation.

NB: The tort of defamation cannot be sustained after the death of the person who claims that his
reputation as damaged among the right thinking members of the society.

In the tort of defamation, the action must be sustained by a legal person, where the action is
sustained by an artificial person i.e corporations, then the offending statements must allege the
dishonest conduct or the mismanaging reflecting on the business reputation of the company.

Types of defamation

Libel.

This is the type of defamation which is in a permanent form. It is said to be in permanent form
because it involves the publishing of the statement. Thus, defamatory words which are contained in
prints such as newspapers, broadcast and social media amount to libel since they are in permanent
form. It is immaterial whether the defamatory material which is in a permanent form was read to an
or not audience.

This type of defamation is actionable per se which means that there is no proof of actual damage.
This was exemplified in the case of Ejabulor v. Osha (1990) 4 NWLR (Pt. 148) 1 at 15, where it was
held that questions relating to proof of damage are totally alien to an action for libel and once
proved that he suffered actual damage he will be entitled to damages.

Slander

This is the type of defamation which is in transient. These are the defamatory statements which are
made by the defendant while he is speaking out.

Under this type of defamation, the plaintiff has to prove to court that he suffered injuries as a result
of the defamatory statements that were made by the defendant. The damage which has been
sustained by the plaintiff has to be estimable in monetary terms.

However, there are statements which can be made by the defendant where the court does not need
to prove actual damage. These exceptional instances which require the court to prove actual
damage are provided for below;

 When the defamatory statements suggest that the plaintiff has committed a criminal offense
that is punishable by imprisonment, at least initially.
  When the defamatory statements claim that the plaintiff is afflicted with a contagious or
infectious disease, such as leprosy.

 In the case of a female plaintiff, when the defamatory statements make accusations of
unchastity, promiscuity, and/or adultery.

 When the statements in question are designed to harm the plaintiff's reputation, especially
in relation to a current position they hold or their lawful profession, trade, business, or
occupation. This harm is achieved by alleging that the plaintiff is dishonest, unfit,
incompetent, or unqualified for the role.

Elements of defamation

 The statement/words was defamatory

 The statement must refer to the claimant
 The statement has to be published.

Defamatory words

A statement is defamatory where it is false and it lowers the reputation of the person among the
right thinking members of the society. A statement will still be defamatory even though the
defendant did not intend to bring the plaintiff into hatred, ridicule or contempt.