MY LAWYER WILL BE IN TOUCH.

You must have heard or seen the statement “My lawyer will be in touch”, at least once before, especially when people have had a fallout or a heated disagreement, whether online or offline. As promised last week, this write up will summarily examine the concept of defamation and its key elements.

It is a fact that increased access to technology and social media has made people more vocal online. Although this has provided platforms both for self-expression and interaction, we have also witnessed a rise in the circulation and spread of malicious stories about other people or Companies, sometimes to settle personal scores; at other times, for no reason at all.

There was a recent incident where an individual posted pictures of food he claimed to have ordered from a restaurant/food delivery business which fell short of his expectations, as he had ordered something much better. It was discovered weeks later that the story was not entirely correct, and was a malicious post sponsored by a competing restaurateur to disparage the business.

While it is true that constitutions the world over guarantee a right to free speech, it should be noted that the rights of others need to be respected, and that our words and publications have consequences. Any person who utters or publishes false statement(s) to tarnish the reputation of another can be sued for defamation, whether verbal (slander) or written (libel).

With respect to limited liability Companies, Directors and shareholders should be reminded that one of the advantages of being so registered is the fact that the Company is a separate entity from its owners, which is capable of suing and being sued.

However before instituting an action in court, do ensure that:

• You gather evidence of the defamation (Libel is easier to prove since it is written)
• The defamatory statement(s) refers to you/your company, and is false
• Harm has been suffered as a result(Your lawyer will easily help with this)

Whilst there are some defences to defamation, having the above will go a long way towards guaranteeing success, upon which the Court can grant several remedies, e.g. damages to compensate for your loss in earnings/ reputation, an injunctive order (Compelling someone to do or stop doing something, including retracting the statement or apologizing publicly), etc.

It is also important not to respond to defamatory posts without speaking to a lawyer. There have been cases where people, in a bid to justify themselves/clear their names by narrating the story, ended up admitting to a crime, or revealing secrets injurious to their case. Responding in the heat of the moment, or posting lengthy rebuttals may inadvertently provide the opponent with more armour. It is a popular saying that a bad mood might change, but bad words spoken cannot be replaced.

An interesting observation from a lawyer’s point of view is that in many cases of defamation where the aggrieved party has been of good behavior, legal action usually comes as a rude shock to the offending party and in the absence of a proper defence, parties usually end up in a settlement meeting. Lawyers will typically then work on terms which will then be documented and signed by both parties. Such a document can allow the aggrieved party to make certain requests which could have made in court, which the other party has no choice but to comply with.

As we spend a lot of time on the internet, we need to put as much thought into our words online as we do offline. Contrary to what many believe, there are laws which prohibit defamatory behavior online in Nigeria, such as the Cyber Crimes (Prohibition, Prevention, etc.) Act, 2015, which makes it a criminal offence to send, or cause to be sent (e.g. using influencers) a false message or other matter via a computer to cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety.

Adhering to the basic rules of proper “netiquette” would create a safer online space and help us avoid legal trouble. And when someone publishes a false statement about you or your company, do not respond or “drag” them.  “My lawyer will be in touch”, cliché as it sounds, is your best and safest response.

This article provides general knowledge on the subject matter discussed and is not meant to be all-encompassing legal advice for your specific situation. Furthermore, technical details have deliberately been avoided in the hopes that we keep it simple and ensure non-lawyers truly benefit from our content. To ask further questions or schedule an appointment, please send an email to lawyerinlagos@gmail.com or lawyers@syntaxlaw.com.