CYBER DEFAMATION IN NIGERIA: CONTEMPORARY ISSUES AND ANSWERS

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ABSTRACT

Technological advancement has made it possible for people to assume online presence and interact on the cyberspace via social media platforms. In our world today, it has become practically difficult to decide what is offensive or what crosses the societal code of tolerance as a lot of things are posted on the internet daily.

It is not in doubt that protection of the right of freedom of expression is one of the cornerstones of a democratic system of government. It is a popular saying however that, “where one individual’s right ends, another individual’s right begins”. Thus, t need to protect the rights of others underlies the imperative to ensure that an individual’s posts or comments on the internet (on social media platforms) do not contain malicious statements that are untrue or made in a bid to injure the reputation of another individual.

Whilst the internet has advanced in its usage, the relevant laws pertaining to defamation in Nigeria are still lagging behind. This necessitates a call for reforms to impose a certain degree of responsibility on internet users or invoke a great level of consciousness on them and to double-check that no one is being defamed when an individual is posting or sharing a seemingly sensitive material on the internet. There is also a need to ensure that the right to freedom of expression is protected. 

This research becomes important considering the amendment of the 2004 Evidence Act to allow admissibility of electronically generated evidence in the Evidence Act of 2011. Since law is dynamic, reforms and amendments are deemed necessary to accommodate the continuous advancement in science and technology. Thus, canvassing for a form of expansion in the law of defamation to accommodate defamatory statements made on the internet becomes imperative.

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