Social media has transformed the way we communicate, do business, express opinions, and share news. Platforms like Facebook, Instagram, X (Twitter), TikTok, WhatsApp, blogs, and even comment sections give users instant access to a wide audience.

However, what many people do not realize is this:
A single post, repost, caption, or comment can lead to a lawsuit.

One of the most common legal risks linked to social media usage today is defamation.

This article explains what defamation means, how it applies to online posts, when you can be sued, and what legal defences may apply under Nigerian law.

What Is Defamation?

Defamation is a false statement made by one person about another, which damages that person’s reputation in the estimation of right-thinking members of society.

In simple terms:
If you publish something untrue about someone and it harms their image, it may amount to defamation.

Defamation generally comes in two forms:

  • Libel – defamation in a permanent form (written, recorded, or published)
  • Slander – defamation in a temporary form (spoken words or gestures)

Social media posts are usually treated as libel because they are recorded and capable of being preserved or shared.

Defamation on Social Media: How It Happens

A social media post may be defamatory if it:

  • is published online
  • refers to an identifiable person
  • contains a false allegation
  • and lowers the person’s reputation in the eyes of others

Defamation is not limited to direct name-calling. Even a post that seems like “just gist” can attract legal consequences if it harms someone’s public image.

Elements of Defamation (What Must Be Proven?)

For a defamation claim to succeed, the claimant generally needs to prove the following:

1. Publication

The statement must be communicated to at least one person other than the claimant.
Posting on social media counts as publication because it reaches third parties.

2. Reference to the Claimant

The statement must refer to the claimant directly or indirectly.
You can still be sued even if you did not mention the person’s name, as long as people can reasonably identify who you meant.

3. Defamatory Meaning

The statement must lower the person’s reputation or expose them to hatred, ridicule, or contempt.

Examples include allegations of:

  • theft
  • fraud
  • sexual misconduct
  • dishonesty
  • professional incompetence
  • criminal activity

4. Falsity

Defamation is based on a false statement of fact.
If what you published is true, the law may recognize that as a defence.

When Can You Be Sued for Defamation on Social Media?

You may be sued for defamation where you do any of the following:

1. Posting False Allegations

For example:

  • accusing someone of stealing, cheating, or committing fraud without proof
  • calling someone a criminal without a valid basis

2. Reposting or Retweeting Defamatory Content

Many users assume:
“If I didn’t write it, I can’t be sued.”

That is wrong. Reposting defamatory content can still expose you to liability because you helped republish it.

3. Making Defamatory Comments Under Posts

A comment under a viral post can be just as risky as the main post.

Examples:

  • “I know he has always been a thief”
  • “She sleeps around for contracts”
  • “This man is a scammer, don’t mind him”

4. Miscaptioning Images or Videos

Even if the image is real, a misleading caption can create a defamatory impression.

Example:
Posting a photo of someone and captioning it:
“This is the man who stole public funds.”

If it is false, it may be actionable.

5. Refusing to Take Down Defamatory Posts After Notice

If you are notified that a post is defamatory and you refuse to remove it, your legal risk becomes higher. Continued publication after notice can strengthen the claimant’s case and may affect damages.

Can Opinions Be Defamatory?

Yes, opinions can be defamatory depending on how they are presented.

An opinion may become actionable where:

  • it is presented as a statement of fact
  • it is based on false facts
  • or it is not an honest opinion but a disguised attack

However, fair comment may apply where:

  • the opinion is honest
  • based on true facts
  • and relates to a matter of public interest

It is safer to separate facts from opinions clearly when posting online.

Defamation: Civil and Criminal Liability in Nigeria

Defamation can lead to:

1. Civil Liability

The claimant may sue for:

  • damages (money compensation)
  • public apology and retraction
  • injunction (order to remove the content)

2. Criminal Liability (In Some Cases)

In certain circumstances, defamation may attract criminal consequences under Nigerian law, especially where online publication is involved.

This is why careless posts can quickly turn into police reports, arrests, or court cases.

Defences to Defamation Claims

A person accused of defamation may rely on certain legal defences, including:

1. Truth (Justification)

If the statement is true, it may be a complete defence.

2. Fair Comment

This applies to honest opinions on matters of public interest, based on true facts.

3. Qualified Privilege

Certain communications may be protected if made on an occasion where the publisher has a legal, moral, or social duty to communicate the information.

If the claimant consented to the publication, liability may not arise.

5. Innocent Dissemination

This may apply where a person did not know and had no reason to know that the content was defamatory (often relevant to intermediaries).

Practical Guidelines: How to Avoid Being Sued

To reduce your risk of defamation liability online:

  • Verify your facts before posting
  • Avoid spreading unproven allegations
  • Distinguish opinions from factual claims
  • Do not repost defamatory content “for awareness”
  • Use caution when posting on sensitive matters
  • Remove questionable content once you receive a complaint
  • Seek legal advice if the matter is serious

Recent Defamation Cases Involving Social Media (Nigeria)

Below are some recent examples showing how defamation issues arise from online publications:

A. Mercy Chinwo v. VeryDarkMan (2025)

Gospel singer Mercy Chinwo sued social media commentator Martins Vincent Otse (VeryDarkMan) over Instagram videos alleging she was collecting gigs and not remitting money to her record label. She maintained the statements were false, malicious, and damaging.

Sowore faced legal action over online posts describing the President as “a criminal,” with allegations of defamatory cyber publications under Nigerian law.

C. Lekan Fatodu v. Sowore & SaharaReporters (2025)

The Lagos High Court dismissed the defamation suit for failure to prove publication to a third party, and costs were awarded against the claimant.

D. DSS Operatives v. SERAP (2025)

Two DSS operatives filed a defamation suit reportedly seeking ₦5.5 billion over alleged false publications accusing them of unlawful conduct.

E. Paul Okoye (Rudeboy of P-Square) Matter (2025)

A social media user accused Paul Okoye of rape on X. The matter led to arrest and arraignment, highlighting how false criminal allegations online can carry serious legal consequences.

Conclusion

Social media does not exist outside the law.

While freedom of expression is important, it must be exercised responsibly. A post made out of anger, assumption, or misinformation can expose you to legal claims, financial liability, and reputational damage.

If you are facing threats of a defamation lawsuit, or you believe you have been defamed online, consult a lawyer promptly.

Prepared for public legal education.

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