Accra: A Partner at AudreyGrey, Samuel Alesu-Dordzi, has emphasized the necessity for a clearer public understanding of defamation, highlighting that not every publication causing offence, embarrassment, or emotional distress qualifies as a defamatory statement.
According to Ghana Web, Alesu-Dordzi explained that the legal concept of defamation is often misunderstood, with many believing that any offensive or upsetting publication automatically leads to a defamation claim. He noted that the law primarily concerns itself with whether a publication has harmed a person's reputation, rather than merely hurting their feelings.
He stated, "A writing or a communication or any form of messaging that is annoying or that injures your feelings is not automatically defamation." Alesu-Dordzi further elaborated that while individuals may feel aggrieved by a publication, such emotional reactions alone do not fulfill the legal criteria for establishing defamation.
He clarified that economic or commercial losses resulting from a publication should not be mistaken for defamation, as these issues may pertain to different legal areas. "The essence of defamation is reputation. So, any other extra concerns regarding economic interest and all, that is the subject for a different area of the law, and definitely not defamation," he explained.
Additionally, he mentioned breach of confidence as another potential legal issue arising from a publication or disclosure, which does not necessarily constitute defamation. Alesu-Dordzi urged the public to recognize the distinction between defamation and other legal wrongs, suggesting that a proper understanding of the law would help prevent the misuse of defamation claims.
"In asking what defamation is, it's equally important to reflect on what it is not as well, because within the same ecosystem, there are a lot of things that sit in that intersection with other areas of the law, but clearly do not fall under defamation," he said.