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THESE BODABODA GUYS CALLED ME UGLY. CAN I SUE THEM FOR DEFAMATION ?.

By Editor
#Information_is_Power . #we_inform_the_uninformed . Babirye is a senior six vacist who lives in Metu Village. Her parents are very rich well known business people in the area. Her parents have however been very strict with her and do not allow her to get outside of the gate because they don’t want her to get ‘spoilt’.  One day, Nabirye, Babirye’s best friend came to visit her at home. After the visit, Nabirye asked that Babirye escort her to the boda boda stage. Babirye was scared to leave as this would be disobeying her parents, but Nabirye managed to convince her. As they were walking to the boda stage, the boda boda men started making gestures and praising Nabirye for her beauty. One was shouting ehh ‘size yange’ while another ‘ono omwana ankuba’. Babirye tried to silence them and that is when they started insulting her and calling her ugly. One even said that she is so ugly and that is why her parents do not want her to get out of the house because she would just be embarrassing them. Babirye is now sad and upset. Can she sue the boda men for defamation?  WHAT DOES THE LAW SAY? According to the constitution of the Republic of Uganda, every person has the right to free speech and to express themselves in whatever way that they want. This means that you are free to give your opinion on whatever issue or matter. However, the law (Uganda Penal Code Act) provides for the crime of defamation. Defamation refers to statements that are untrue about someone, and those statements are intended to damage that person’s reputation. Defamatory statements can take the form of either spoken (slander) or written (libel) words. Defamatory statements may be untrue, but they can also be partially true or misleading. Additionally, the statement must have been made to a third party, meaning that it was communicated to someone other than the person being defamed.  In Uganda however the law only provides for defamatory statements that have been written down. Therefore, the boda boda men only speaking and calling Babirye ugly does not amount to defamation. She therefore would not be able to sue them even if the words were defamatory and hurtful to her. Source: BarefootLaw  : The Cooperator News
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