Section 391 - Defamation defined.

(1) Whoever by words either spoken or reproduced by mechanical means or intended to be read or by signs or by visible representations makes or publishes any imputation concerning any person, intending to harm or knowing or having reason to believe that the imputation will harm the reputation of that person, is said, except in the cases hereinafter excepted, to defame that person.

Explanation

It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation

It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation

An imputation in the form of an alternative or expressed ironically may amount to defamation.

Explanation

No imputation is said to harm a person's reputation, unless that imputation directly or indirectly in the estimation of others lowers the moral or intellectual character of that person or lowers the character of that person in respect of his calling or lowers the credit of that person or causes it; to be believed that the body of that person is in a loathsome state or in a state generally considered as disgraceful.

Illustration

(a) A says-- "Z is an honest man, he never stole B' s watch", intending to cause it to be believed that Z did steal B' s watch. This is defamation, unless it falls within one of the exceptions.

(b) A is asked who stole B' s watch. A points to Z, intending to cause it to be believed that Z stole B' s watch. This is defamation unless it falls within one of the exceptions.

(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B' s watch. This is defamation, unless it falls within one of the exceptions.

(2) It is not defamation-'

(i) to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published; whether or not it is for the public good is a question of fact; Illustrations. (a) Z opens a school at Kaduna, The fact is that Z has fled from Europe to escape punishment for gross acts of swindling, A is protected by this exception if he publishes that fact.

(b) But if the swindling had occurred twenty years ago and in the meantime Z had been carrying on a school in Zaria and had been living an upright life, A would not be protected by this exception if he raked up the facts and published them,

(ii) to express in good faith an opinion whatever respecting the conduct of a public officer in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further;

(iii) to express in good faith an opinion whatever respecting the conduct of any person touching any public question and respecting his character so far as his character appears in that conduct and no further;

Illustration

It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such a meeting or in forming or joining any society which invites the public support.

(iv) to publish a substantially true report of the proceedings of a court of justice or of the result of those proceedings;

(v) to express in good faith an opinion whatever respecting the merits of a case civil or criminal which has been decided by a court of justice or respecting the conduct of a person as a party, witness or agent in the case or respecting the character of that person as far as his character appears in that conduct and no further,

Illustration

(a) A says-" I think Z's evidence at that trial is so contradictory that he must be stupid or dishonest". A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness and no further.

(b) But if A says-"1 do not believe what Z asserted at the trial, because I know him to be a man without veracity", A is not within this exception, inasmuch as the opinion which he expresses of Z' s character is an opinion not founded on Z's conduct as a witness.

(vi) to express in good faith an opinion respecting the merits of a performance which its author has submitted to the judgment of the public or respecting the character of the author so far as his character appears in that performance and no further;

Explanation

A performance may be submitted to the judgment of the pub-lic expressly or by acts on the part of the author which imply such submission to the judgment of the public.

Illustration

(a) A person who publishes a book submits that book to the judgment of the public.

(b) A person who makes a speech in public submits that speech to the judgment of the public.

(c) An actor or singer who appears on a public stage submits his acting or singing to the judgment of the public.

(d) A says of a book published by Z- "Z' s book is foolish, Z must be a weak man. Z's book is indecent Z must be a man of impure mind" . A is within this exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book and no further.

(e) But if A says-" I am not surprised that Z's book is foolish and indecent for he is a weak man and a libertine", A is not within this exception, inasmuch as the opinion which he expresses of Z' s character is an opinion not founded on Z's book.

Illustration

An alkali censuring in good faith the conduct of a witness or of an officer of the court, a head of a department censuring in good faith those who: are under his orders; a parent censuring in good faith a child in the presence of other children, a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for inefficiency in service, a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier-are within his exception.

(viii) to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of the accusation;

Illustration

If A in good faith accuses Z before a magistrate, if A in good faith complains of the conduct of Z a servant to Z's master; if A in good faith complains of the conduct of Z' s child to Z' s father-A is within this exception.

(b) A a District Office' in making a report to his superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith and for the public good, A is within the exception.

(c) A in giving evidence before a court of justice identifies Z as the person he saw committing a robbery. Although Z proves that A is mistaken, A is protected by this exception. If he is giving false evidence he can be proceeded against under section 158 of this Penal Code.