A lawyer and lecturer at the University of Media, Arts and Communication (UniMAC), Zakaria Tanko Musah, has reassured journalists that defamation law does not shut the door on robust reporting, stressing that media practitioners can protect themselves from liability if they adhere to the basic standards of responsible journalism.
Speaking on JoyNews’ The Law on Sunday, July 7, Mr Musah said the growing wave of defamation suits against journalists should not leave media practitioners feeling paralysed or afraid to publish stories in the public interest.
“It’s not all doom and gloom. People think the journalists are almost throwing their hands in despair and saying, ‘So does that mean we can’t write anything at all about anybody?’ No,” he said.
Mr Musah explained that the law provides several defences that journalists can rely on in defamation cases, provided they are able to show that they followed the right processes before publication.
“There are certain defences that make sure you are ticking the boxes, so that when it comes to that, you can defend yourself,” he noted.
He said the courts are often mindful of the critical role journalists play in a democratic society and would take that into account when assessing defamation claims, especially where the journalist has acted responsibly and without malice.
Mr Musah stressed that where journalists have done what is expected of them professionally, including verifying facts, acting fairly and avoiding malice, they stand a reasonable chance of successfully defending themselves if sued.
“In performing that function, if you have done what you are supposed to do, especially where there is no malice, then you would have a reasonable defence,” he added.
