By Attorney Patrick Chukelu Risk Jail For Spreading Lie In 17th Century England, one must submit an article for approval before dissemination u
By Attorney Patrick Chukelu
Risk Jail For Spreading Lie
In 17th Century England, one must submit an article for approval before dissemination under a licensing law. Partly to save you from penury by prior restraint on your “speech”. If the material is deemed defamatory, penalty varies from monetary damage to jail if directed against the government or her official.
To jettison the vestiges of colonial oppression, American drafters of her Constitution specifically incorporated the right of free speech in the First Amendment, Bill of Rights. This law specifically applies to curtail the power of a governmental entity to restrict your right of Speech (Expression). Folks mistakenly interject this Right in strictly private entity interaction like employment or service agreement scenario.
While America has the good fortune and foresight to create a more free society, some English colonies are still bedeviled and continue the oppressive restraint on expression. For example, Nigeria continues to embrace this punitive law that criminalizes defamation. Currently, a council member that criticized a state governor by alleging fund diversion was immediately arrested and detained for defamation without any determination by a court. He was recently released due to public outcry. Few weeks ago, a young lady posted on social media that she purchased Erisco brand of Tomato Paste and commented that she feels it is substandard and alleged it was sugar enhanced. She was picked up for disparaging the brand and had been in jail until a civil rights lawyer intervened few days ago.
Given the political turmoil in Nigeria, social media space is overwhelmed with all sorts of information and misinformation targeting highly placed officeholders. While the concerns and criticisms are inevitable, but can such traditionally American-type expression of right of free speech draw you jail time in Nigeria? Ask Investigative Reporter Mr. Hundeyin who is presently seeking Asylum in Ghana and resisting expulsion back to Nigeria. What do you think awaits him?
The good news is that America anticipates that your speech (made in the comfort of your home in Texas) criticizing someone in Nigeria May result in an outrageous judgment there. If such judgment is brought to be enforced against you in Texas, you may challenge such in court as an unenforceable judgment that defies the spirit embodied in the American Constitution, as reflected in the First Amendment. Now you know. Be intentional and guided.