This, in fact, is the main problem that the research attempts to solve.Shmuel is the Director of Ben-Tovim Consultants Ltd, an Israeli boutique investment bank, where many of his clients are technology companies in the spaces of Smart Cities, Transportation and FinTech. The real challenge is not actually in explaining how the above issues are resolved, rather, it is in evolving clear and certain rules that will produce certainty, clarity and uniformity in the process of resolving legal issues relating to online matters.
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These problematic intricacies which border on how to establish jurisdiction in online defamation cases, how to determine the choice of law that will apply to online defamation cases and how a judgment secured from online cases can be recognized and/or enforced, are the problems which this research seeks to solve. However, when a chieftain of the party brought action in defamation to the court, only Daar Communication was sued probably because of the perceived problematic intricacies which tag with internet cases. By the extant defamation law, each republication of a defamatory material gives a new cause of action. These documentaries, which were alleged to have defamatory content, went viral on the internet, with various persons and organizations republishing it. published documentaries about some All Progressive Congress party leaders. In the build up to the 2015 election, African Independent Television (AIT), a member of Daar Communication Plc. With respect to defamation, things have not significantly changed today. In fact, cases involving internet matters were hardly brought before our courts because of the uncertainty of the law.
Until the Nigerian Evidence Act 2011 was passed into law, which is about a decade after the internet went commercial globally, Nigerian law and courts were reluctant about taking cognizance of internet-generated evidence. Pathetically, the extant law as it stands in the contemporary times cannot effectively balance the right of freedom to expression with the reputation of others as the reputation of the citizenry is not fully protected in view of the globalization, thus, the need to overhaul the entire regulatory framework on freedom of expression and defamation in the country is germane. Provisions are also made in the Constitution and the respective International Instruments for restriction to, and derogation from this right. This may however come into tension with freedom of speech, leading to censorship or chilling effects or loss of reputation. In an attempt to guarantee the rights of all citizens and protect the interest of the public, the law of defamation has come to the lime light as a regulator. Therefore, any person who publishes any injurious statement(s) against another shall be held liable in defamation. Every person has a right to the protection of his good name, reputation and the estimation in which he stands in the public domain. The Constitution of the Federal Republic of Nigeria,1999 (as amended), provides for the entrenchment of freedom of expression as a fundamental right so also the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act and many of the international human rights instruments that Nigeria is signatory to.
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