Legal meaning of Defamation, Perjury, Libel, Slander and basis of prosecution

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Supreme Court

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This publication talks about meaning of Defamation, types of Defamation and their meaning and receiving property obtained by an offence and possible prosecution.

DEFAMATION

Defamation is any statement that damages the reputation of another individual or party.

A customer accuses a restaurant owner of food poisoning even though it was not actually the restaurant’s food that caused him to be ill. The customer shared the false information with other customers. Here the owner of the restaurant could have grounds for a defamation lawsuit.

FORMS OF DEFAMATION

There are two types of defamation statements. These are Slander and Libel.

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LIBEL

Libel is a false statement published through writing, pictures, or cartoons, defaming another individual’s reputation. Publication of these statements can come through major media outlets, such as newspapers or magazines. Libelous statements can also be made online through social media platforms, review sites, etc.

SLANDER

Slander is similar to libel, but instead of writing, it is a spoken false statement. Compared to libel, slander is considered more temporary, since it is not published.

PERJURY

A person is guilty of perjury, if in any written or verbal statement made or verified by him upon oath before any Court, or public officer, or before the President or any Committee thereof he states anything which he knows to be false in a material particular, or which he has not reason to believe to be true.

In simple terms, perjury means “lying under oath” which constitutes a second degree felony

RECEIVING PROPERTY OBTAINED BY AN OFFENCE

Whoever receives any property which he knows to have been obtained or appropriated by any offence punishable shall be liable to the same punishment as if he had committed that offence.

OFFENCES UNDER MORE THAN ONE ENACTMENT

1. Where an act constitutes an offence under two or more enactments the offender shall be liable to be prosecuted and punished under either or any of those enactments but shall not be liable to be punished twice for the same offence.

2. This section shall not affect a right conferred by an enactment on any person to take disciplinary measures against the offender in respect of the act constituting the offence.

SOURCE: Coverghana.com.gh

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