Section 393 - Injurious falsehood.

(1) Whoever, except as hereinafter excepted, 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 false statement of fact, intending to harm or knowing or having reason to believe that such false statement of fact will harm the reputation of any person or class of persons or of the Government of the Federation or of any local authority in the Federal Capital Territory, Abuja shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Explanation

A statement is false unless it is substantially true and proof that a statement is substantially true shall lie on the accused. EXPLANATION 2. Whether a statement is a statement of fact or a mere expression of opinion is a matter for the decision of the court.

(2) It is not an offence under this section to make or publish in good faith a false statement of fact which the accused had reasonable grounds for believing to be substantially true and proof that he had such reasonable grounds shall lie on the accused.

Illustration

(a) A newspaper publishes a false statement that the proceeds of a recent increase in a tax were shared amongst the Ministers of the state personally. This is a false statement of fact.

(b) A says that Z's bakery is unhygienic. This is a statement of opinion; but if A says that he saw Z take a dead mouse out of the dough before baking this is a statement of fact.