By Mujeebat Idris
Where Do We Draw the Line? Where is the boundary?How far does one’s right to express their opinion go before it crosses the territory of defamation?
Is there a true boundary between “free speech” and defamation or is it simply a matter of perspective? The concept of free speech is often misunderstood as the ability to say anything, anywhere without consequences.
While the Constitution of the Federal Republic of Nigeria guarantees freedom of expression, pursuant to S39(1), this right isn’t absolute. How far can we speak our minds without crossing into harm? The recent defamation suits involving Afe Babalola (SAN) and Femi Falana (SAN) highlight the delicate balance between expressing opinions and respecting the dignity of others.
Recently, Dele Farotimi, a human rights lawyer, found himself at the center of a defamation controversy after alleging Afe Babalola’s involvement in judicial corruption. Without solid evidence, these claims led to a defamation suit. Similarly, activist VeryDarkMan faced a defamation suit after spreading defamatory content about Femi Falana. I guess this is a reminder that while freedom of expression is guaranteed, it cannot be used to defame others without legal repercussions.
The principle of “ordered freedom” has been long established in Nigerian courts. In Queen v. The Amalgamated Press of Nigeria Ltd & Fatogun (1961), the Supreme Court held that the right to freedom of expression does not extend to spreading false information causing public alarm.
Defamation is not limited to verbal slander; even online posts, comments or videos can be considered libel if they are written or published with malicious intent.
The line between freedom of expression and defamation is often blurred on social media where opinions can spread instantly.
If I share or repost defamatory content, am I equally liable? The Latin maxim Qui facit per alium facit per se,“He who acts through another acts himself”,answers this unequivocally. Sharing defamatory content makes us legally responsible, even if we didn’t create it.
So, where do we draw the line between free speech and defamation? The answer is actually both simple and complex: freedom of expression must be approached with caution and responsibility. While expressing our thoughts is essential, it should never be used as a weapon to harm others.
At what point does a personal opinion turn into an unjust attack on someone else’s character? If we are free to speak our minds, does that freedom extend to spreading unfounded rumors?No!
Is it truly free speech if it comes at the cost of someone’s reputation? Are we responsible for the content we share, even if we didn’t create it? Of course!!!
Hate speech, libel, slander, body-shaming and defamation are not just personal attacks, they threaten societal harmony. As we exercise our right to speak freely, we must ask ourselves if our words contribute to constructive dialogue or tear others down. It is important to note that freedom of expression is the cornerstone of democracy but it is definitely not a license for recklessness.
Ultimately, the thin line between free speech and defamation is a path we must tread carefully. Words, whether spoken or written, have immense power. They can heal or harm, build or destroy. Let us remember that true freedom of expression comes with the responsibility to uphold truth, respect, and dignity. The law reminds us that we are accountable for our words, ensuring that freedom of expression serves its true purpose in society. This, I believe, is the main purpose of defamation laws.
. Mujeebat,the 2024 Winner of PSSG National Essay Competition is a law undergraduate of Crescent University, Abeokuta
