NEED TO BALANCE FREEDOM OF SPEECH AND PROTECTION OF REPUTATION UNDER THE DEFAMATION LAWS IN NIGERIA

Abstract

Defamation laws are made to protect the reputation or integrity of the individual. However, sometimes, there is a conflict between the right to freedom of expression and reputation protection as provided by section 39(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Against this background, the authors examined the regime of defamation laws in Nigeria as well as relationship with freedom of expression. The paper further explored the theoretical foundations and constitutional guarantees safeguarding these rights. The authors therefore argued on the role of courts in striking a balance between conflicting rights and drawing justifiable limitations to such rights. The paper concluded that defamation laws play significant roles in protecting reputation and freedom of expression, specifically aimed at balancing freedom of speech and reputation protection, as well as enhanced proper judicial interpretation of defamation laws acting as a catalyst in providing clarity and consistency in the interpretation and application of rights in Nigeria.