NAVIGATING THE THIN LINE BETWEEN FREEDOM OF EXPRESSION AND DEFAMATION LAWS IN NIGERIA

Abstract

Freedom of expression is upheld as a fundamental human right, protected by various statutes such as the 1999 Constitution. However, this right is not absolute as it faces several limitations such as defamation which serves as one of its limits. The poser is when does the exercise of one’s freedom of expression become defamation and how has the courts juxtaposed both? This paper seeks to identify the limits of the freedom of expression, examine how criminal defamation discourages public discourse, how the courts handle the overlaps between the two conflicting rights when giving judgment, as well as identify the challenges faced by the courts when interpreting and balancing the two concepts at hand. Adopting the doctrinal methodology, the paper conducted an analysis of statutes and case laws in Nigeria as well as other jurisdictions. The paper finds that the courts often place priority on protecting the reputation of individuals when deciding defamation cases. The paper recommended that legislative reforms should consider decriminalizing defamation to align Nigeria with international human rights standards while the courts should adopt structured guidelines for adjudicating digital defamation cases among others. This paper positioned a normative foundation for understanding the thin line between the freedom of expression and defamation through various judicial attitudes.