In Ghana, two big rights sometimes clash: the freedom to say what you want and the right to keep your dignity intact. On one side, you’ve got the freedom of speech, where people, the press, and media can freely share ideas. On the other hand, everyone has the right to protect their reputation and good name.
Why does reputation matter? Well, think of it like this: your good name is priceless. Shakespeare even said in Othello that losing your good name can leave you “poor indeed.” That’s why the law steps in with defamation rules to stop lies or harmful statements from wrecking someone’s reputation.
What is Defamation?
Defamation happens when someone damages your reputation by saying or sharing something that makes others think less of you. It could make people dislike, avoid, or disrespect you. Basically, it’s anything that tarnishes your image in society.
Types of Defamation: Libel vs. Slander
Defamation comes in two flavours:
- Libel: Written or recorded defamation, like a nasty social media post, a harmful TV broadcast, or a misleading article in the news. Libel sticks around because it’s permanent, making it more serious.
- Slander: Spoken defamation, like a hurtful rumor spread during a conversation. Slander doesn’t last as long because it’s just words, but it can still cause harm.
Fun fact: If someone defames you on TV or radio, even though it’s spoken, it’s treated as libel because it’s recorded.
How the Law Protects You
To win a defamation case, you need to prove four key things:
- The words could harm your reputation: Not every mean comment is defamation. It has to be something that makes people think less of you in a serious way.
- The words actually hurt your reputation: You’ll need to show that people started to see you differently or less favourably because of what was said.
- The words were about you: It must be clear that the harmful statement was aimed at you, even if your name isn’t mentioned directly.
- Someone else heard or saw it: The statement must have been shared with at least one other person; it can’t just be between you and the person who said it.
Libel vs. Slander: Why the Difference Matters
Libel is permanent, so it’s usually considered more harmful. If you can prove libel, the court assumes your reputation was damaged; you don’t need to show financial losses. With slander, you often have to prove that the harm caused you real damage, like losing clients or income.
Protect Your Reputation
If someone says or shares something that harms your reputation, and you can prove those four points, you’ve got a strong case. Just remember, there are defenses that might protect the person who made the statement, like if it was true or just an honest opinion.
Alhassan Aboagye on behalf of OSD and Partners. [email protected]
