DEFAMATORY AND OFFENSIVE PUBLICATIONS ACT
Act · Security
An Act establishes criminal offences for publishing defamatory or offensive material with intent to harm reputations. It targets publishers, editors, authors, and media organizations that produce such content. This protects individuals from malicious damage to their reputation through legal action.
DEFAMATORY AND OFFENSIVE PUBLICATIONS ACT
What Is This Policy?
An Act making it a criminal offence to publish defamatory or offensive material with intent to damage a person's reputation, supplementing civil defamation law with criminal liability.
Who Does It Target?
Publishers, editors, and authors of publications Media organisations and journalists Persons defamed by publications Prosecutors and courts handling defamation cases
What Does It Aim to Achieve?
Protect individuals from malicious damage to their reputation through criminal prosecution of persons who publish demonstrably false and defamatory material with intent to harm.
Key Features
Criminal Defamation: Creates criminal offences for publishing defamatory material with malicious intent. Penalties: Prescribes fines and imprisonment for persons convicted of criminal defamation. Public Interest Defence: Truth and public interest may be raised as defences. Media Liability: Editors and publishers may be liable for defamatory content in their publications.
Current Status
Rollout Stage: Active Coverage: Nationwide publications Beneficiaries: Persons defamed; reputational protection Funding: Federal Government
How to Access
File criminal defamation complaints with the Police Civil defamation claims in High Court are an alternative remedy Journalists: apply the public interest defence and verify facts before publication Application method: Report criminal defamation to the Nigeria Police Force.
Important Terms
Truth is a complete defence to defamation — only false statements are defamatory The Act has been criticised as potentially chilling legitimate journalism Internet and social media posts may fall within the scope of 'publications'
Official Resources
Website: https://www.justice.gov.ng Contact: Federal Ministry of Justice / Nigeria Police Force
Legal Framework
Enacted under the legislative powers of the National Assembly as the Defamatory and Offensive Publications Act (Cap D4 LFN 2004). Operates alongside the Criminal Code Act on criminal libel, Section 39 of the 1999 Constitution (freedom of expression), and the Nigerian Press Council Act. Aligns with the African Commission on Human and Peoples' Rights guidelines on freedom of expression and the ECOWAS Protocol on Democracy.