IN THE EYE OF THE LAW HOW VERYDARKMAN DEFAMED FALZ AND FEMI FALANA - BY VICTOR DANIEL
OPINIONS - Posted on: 28th Sep. 2024 at 9:32AM
A Quick Note On Defamation:
I shared an opinion on the Falz vs VDM issue and from the comments, I’m appalled by the ignorance of the public on the general principles of defamation. So I’m going to use this post to answer some of the questions people have asked on the post.
1. Why is Falz suing VDM and not Bobrisky?
Defamation works based on publication. Bobrisky did not publicly accuse Falz of being gay. VDM published the material and did the breakdown by playing out Bobrisky’s private conversation and analyzing it. Whatever you say in a private conversation with someone does not constitute defamation.
2. If the statement is true, would it still be defamatory?
Yes, the statement has to be false before it’s defamation. Can VDM prove that Falz is gay? If yes, great! If no, defamation.
3. “He did not directly call Falz gay. How is that defamatory?”:
One word: Innuendo. Defamation doesn’t only apply when you make a direct statement. A “sub” can qualify as defamatory if the prosecution can prove that there was sufficient inferences in the statement to create a negative impression on the victim. What is this “negative impression” I’m talking about? If the statement is enough to publicly damage/injure the person’s reputation.
4. “Was VDM’s statement enough to damage Falz’s reputation?”:
Clearly, as can be seen on his IG comment sections since the publication was made.
5. Does a social media post qualify as “public”?
Yes. Social media qualifies as “public.” In fact Twitter is now the biggest source of defamation in the world since social media took over from traditional media. VDM has over 2 million followers. You can be sued for defamation even if you have only 20 followers.
PS. I know I’ve not mentioned it here before but I’ve since returned to partial practice since June. If you have a legal itch to scratch you may reach out to me via email on counsel@alethia-law.com
CC: victor.daniel@alethia-law.com
I shared an opinion on the Falz vs VDM issue and from the comments, I’m appalled by the ignorance of the public on the general principles of defamation. So I’m going to use this post to answer some of the questions people have asked on the post.
1. Why is Falz suing VDM and not Bobrisky?
Defamation works based on publication. Bobrisky did not publicly accuse Falz of being gay. VDM published the material and did the breakdown by playing out Bobrisky’s private conversation and analyzing it. Whatever you say in a private conversation with someone does not constitute defamation.
2. If the statement is true, would it still be defamatory?
Yes, the statement has to be false before it’s defamation. Can VDM prove that Falz is gay? If yes, great! If no, defamation.
3. “He did not directly call Falz gay. How is that defamatory?”:
One word: Innuendo. Defamation doesn’t only apply when you make a direct statement. A “sub” can qualify as defamatory if the prosecution can prove that there was sufficient inferences in the statement to create a negative impression on the victim. What is this “negative impression” I’m talking about? If the statement is enough to publicly damage/injure the person’s reputation.
4. “Was VDM’s statement enough to damage Falz’s reputation?”:
Clearly, as can be seen on his IG comment sections since the publication was made.
5. Does a social media post qualify as “public”?
Yes. Social media qualifies as “public.” In fact Twitter is now the biggest source of defamation in the world since social media took over from traditional media. VDM has over 2 million followers. You can be sued for defamation even if you have only 20 followers.
PS. I know I’ve not mentioned it here before but I’ve since returned to partial practice since June. If you have a legal itch to scratch you may reach out to me via email on counsel@alethia-law.com
CC: victor.daniel@alethia-law.com
Posted by: Emdee David
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