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THE DARK SIDE OF PODCASTING: DEFAMATION, CHARACTER ASSASSINATION, AND THE 

IMPERATIVE OF LEGAL REGULATION IN NIGERIA 

 

Abstract 

This study delves into the uncharted territory of podcasting in Nigeria, exposing the dark underbelly of 

defamation, character assassination, and unregulated free speech. With the proliferation of podcasts in Nigeria, 

concerns about the spread of misinformation, hate speech, and defamatory content have grown. The absence of 

effective legal regulation and oversight has created an environment where podcasters can disseminate harmful 

content with impunity, leaving victims with little recourse. This research explores the intersection of free speech, 

defamation, and legal regulation in Nigeria's podcasting industry. Through a qualitative approach, combining 

documentary analysis, expert interviews, and case studies, this study investigates the prevalence of defamation 

and character assassination in Nigerian podcasts, examines the legal framework governing podcasting, and 

identifies the challenges and limitations of existing laws. The findings reveal a pressing need for legal regulation 
to strike a balance between free speech and accountability. This study proposes recommendations for effective 

legal oversight, drawing from international best practices and Nigeria's unique socio-legal context. This research 

contributes to the discourse on media regulation, free speech, and defamation, providing insights for 

policymakers, legal scholars, and industry stakeholders. By shedding light on the dark side of podcasting in 

Nigeria, this study aims to promote responsible podcasting practices, protect individuals and communities from 

harm, and ensure that the benefits of podcasting are realized without compromising the well-being of Nigerian 

society. 

 

Keywords: Podcasting, Dark Side, Defamation, Character Assassination, Regulation, Nigeria 

 

1. Introduction 

The advent of podcasting has revolutionized the media landscape, offering a platform for diverse voices, 
perspectives, and stories to reach a global audience. However, beneath the surface of this burgeoning industry lies 

a dark underbelly – a realm where defamation, character assassination, and unbridled free speech threaten to 

undermine the very fabric of Nigerian society. In recent years, Nigeria has witnessed a surge in podcasting, with 

numerous shows tackling sensitive topics, from politics and social issues to entertainment and culture. While this 

proliferation of podcasts has fostered a sense of community and free expression, it has also created an environment 

conducive to the spread of misinformation, hate speech, and defamatory content. 

 

The lack of effective legal regulation and oversight has emboldened some podcasters to push the boundaries of 

acceptable speech, often with devastating consequences for individuals and communities. Defamation and 

character assassination have become rampant, leaving victims with little recourse or protection under Nigerian 

law. This study seeks to explore the dark side of podcasting in Nigeria, examining the intersection of free speech, 
defamation, and legal regulation. By delving into the complexities of this issue, this research aims to: investigate 

the prevalence of defamation and character assassination in Nigerian podcasts; analyze the legal framework 

governing podcasting in Nigeria; examine the challenges and limitations of existing laws in addressing podcast-

related defamation; explore international best practices in regulating podcasting and online speech and propose 

recommendations for effective legal regulation and oversight of podcasting in Nigeria. Through this research, we 

hope to shed light on the imperative of legal regulation in Nigeria's podcasting industry, ensuring that free speech 

is balanced with accountability and protection for all individuals and communities. 

 

2. The Concept of Podcast 

Podcasting is a way to distribute digital audio content over the Internet with the end goal that the content will be 

downloaded by a subscriber using subscription software such as iTunes, then synced to the listener's portable MP3 

player for later listening. The term ‘podcasting’ comes from Apple's ubiquitous iPod, because of the notion that 
podcasts would likely be played on an iPod. However, an iPod is only one of many ways to listen to the shows. 

Each individual podcast episode is a single MP3 file of audio content, which is downloaded to the computer of 

the listener. Listeners can listen to the shows on their computers, directly from the web, or on a portable MP3 

player. One online encyclopedia provides the following description for podcasting:  

Podcasting is [a] blanket term used to describe a collection of technologies for automatically 

distributing audio and video programs over the internet via a publish and subscribe model. 

Podcasting enables independent producers to create self-published, syndicated ‘radio shows,’ and 

gives broadcast radio programs a new distribution method. In the podcasting model, the publisher 

publishes a list of programs in a special format, known as a ‘feed’, on the web. A user who wants 

to see or hear the podcast subscribes to the feed in special ‘podcasting’ software (a type of 

                                                             
 By R. O. ISHIGUZO, PhD, BL, Legal Practitioner based in Asaba, Delta State, Nigeria, Tel: 08068515729, 08058237739, 

Email: rich4just@yahoo.com, rich4just12@gmail.com. 

mailto:rich4just@yahoo.com
mailto:rich4just12@gmail.com


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aggregator), which periodically checks the feed and automatically downloads new programs as 
they become available. Typically, the podcatching software also transfers the program to a desktop 

or portable media player1. 

 

The most distinctive quality of podcasting is the ability to ‘time-shift’ digital audio content2. Time-shifting is the 

result of downloading an audio program for later listening. Like the blogging phenomenon, podcasts have come 

out of nowhere to attract enthusiastic grassroots following. They're being generated by a wide cast of characters-

from professional broadcasters to rank amateurs. Listeners can download shows to their computers, or, with a bit 

of know-how, automatically export shows to an Apple iPod-hence the term 'podcast'-or any MP3 player. 

Podcasting owes its roots to blogging. Essentially, podcasting is an extension of web log (‘blog’) technology, with 

one important difference: the addition of an attached file. The attached file is handled through the use of a Really 

Simple Syndication (RSS) feed. 

 

3. Notable Nigerian Podcasts 
In Nigeria, podcasts have become an important platform for critical dialogue about politics, social justice, 

entertainment, and culture. They provide a valuable space for discussions on important issues that may not receive 

adequate coverage in mainstream media outlets. Some unique Nigerian podcasts have been making waves on the 

social media/internet platforms lately. Prominent amongst them includes; 

 

4th Republic: This political podcast, which maintains a non-partisan stance, aims to provide context and 

documentation of political events in Nigeria that have occurred since 1999. It also profiles and interviews aspirants 

contesting for political positions, as well as provides audio briefings of its weekly political newsletter3. 

The Dirty Lie Podcast: A history podcast that mixes extensive historical research, dry humor, and ‘two facts and 
lie’ to set the tone for episodes that examine moments in history that are stranger than fiction4. 

Nigerian American: This podcast spotlights captivating stories and first-hand encounters of global migrants who 

are of Nigerian origin. It takes a storytelling route to explore a range of topics about identity, culture, business, 

politics, music, etc. in a very unique way5. 

The Open Africa Podcast: This podcast features three knowledgeable hosts engaging in candid discussions about 

finance, technology, and start-ups in Africa. With a perfect blend of humor and insight, the hosts offer a 

comprehensive analysis of the fintech landscape6. 

Loose Talk Podcast: This podcast, hosted by Nigerian media personalities, Osagie Alonge, Steve Dede, and 

Ayomide Tayo, offers a candid and irreverent take on pop culture, music, and politics. The podcast has gained a 

large following in Nigeria and has been credited with helping to shape public opinion on various issues7. 

I Said What I Said: This podcast, hosted by Nigerian media personalities, Jola Ayeye and Feyikemi Abudu, 

offers a frank and insightful perspective on contemporary issues affecting young people in Nigeria. The podcast 
has gained a significant following for its engaging and relatable content8. 

The Honest Bunch Podcast: The Honest Bunch Podcast is a refreshing and candid exploration of the human 

experience. The show is hosted by a group of friends who share their thoughts, stories, and perspectives on a wide 

range of topics. Each episode features the hosts sharing their personal experiences, insights, and advice in a 

relatable and down-to-earth manner9. 

Gbam Podcast: GBAM is an igbo interview/podcast in Nigeria hosted by Dr. Chijioke Igwendu (Yanbaba) Its 

Contents touches on Education, fiction (for educative and expository purposes) and Pure entertainment10. 

 

4. Defamation  

Generally, defamation is the act of making a false statement about someone, which damages their reputation. 

Defamation may be either libel (written or published statements) or slander (spoken statements)11. Defamation is 
defined as the transmission to a third party, either orally or in writing, of information that could damage the 

reputation of another person. It is the publication of a statement, which exposes a person to hatred, ridicule, 

contempt and/or causes him to be shunned or avoided by right thinking members of society. Defamation is the 

                                                             
1 Wikipedia, Podcasting, http://en.wikipedia.org/w/index.php?title=Podcasting&oldid=28332345 (last visited Nov. 14, 2005). 
2See Byron Acohido, Radio to the MP3 degree: Podcasting, USA TODAY, Feb. 9, 2005, at IB, available at 
http://www.usatoday.com/money/media/2005-02-09-podcasting-usatmoney-cover-x.htm 
3 See https://podcasts.apple.com/ng/podcast/4th-republic/id1604180965 
4 See https://podcasts.apple.com/ng/podcast/the-dirty-lie-podcast/id1622253468 
5 See https://podcasts.apple.com/ng/podcast/nigerian-american/id1265543296 
6 See https://www.openafricapodcast.com/ 
7 See https://podcasts.apple.com/ng/podcast/loose-talk/id1669922137 
8 See https://podcasts.apple.com/ng/podcast/i-said-what-i-said/id1276300865 
9 See https://podcasts.apple.com/ng/podcast/i-said-what-i-said/id1276300865 
10 See https://www.tiktok.com/discover/gbam-podcast 
11 Black, H. C., Garner, B. A. (Eds.), Black's Law Dictionary, 11th Ed., (St. Paul, MN: West Academic Publishing, 2019) p. 
446. 



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general term that is commonly categorized as either libel or slander. Libel is a written defamation while slander 
is verbal defamation. It falls under the Law of Tort and a broader legal definition of the concept refers to false 

statements about a person communicated as fact to one or more other persons by an individual or entity (such as 

a person, newspaper, magazine or political organization), which causes damage and does harm to the target’s 

reputation and/or standing in the community. The general harm caused by defamation is identified as ridicule, 

shame, hate, scorn, belittlement or being held in contempt by others, and which lowers him/her in esteem of a 

reasonably prudent person, due to the communication of the false statement. Scholars in the field of media agreed 

that, for a statement to be defamatory of a person, the following statement must be false and targeted towards: (a.) 

Lowering his morale in the estimation of right-thinking men or (b.) Causing him to be shunned or avoided, or (c.) 

Expose him to hatred, contempt or ridicule, or (d.) Conveys an imputation on him disparaging or injurious to him 

in his office, profession, calling, trade or business. (e.) injures his financial credit.  Defamation could be civil or a 

criminal act. Thus, both the Criminal and Penal Codes have provisions on defamation. Section 373 of the criminal 
code defines defamatory matter as matter likely to injure the reputation of any person in his profession or trade. 

Section 391 of the Penal Code also provided for Defamation. 

 

When Does Online Defamation Become Actionable?  

There are three key factors to consider when deciding whether a defamatory statement is actionable or not –  

 

The online defamatory statement must be a lie: Often, people confuse every negative comment about them to 

mean defamation. Unfortunately, not all negative statements are defamation. Modern governments around the 

world all have a right to free speech which is not without limit. When someone communicates, either in writing 

or verbally, a statement that is not true, they step beyond the bounds of their right to free speech and may become 

subject to civil liability. In Wilson v. Bauer Media Pty Ltd12, the court awarded Wilson $650,000 general damages 
and $3,917,472 special damages. In doing so, the court noted the presence of multiple aggravating factors 

including substantial loss of business. The court’s findings were premised on the fact that Wilson had proved that 

the lies published by the magazine were sufficient to give rise to a reasonable cause of action for defamation.  

 

There must be actual harm: Legal reviews have revealed that so often, people who have been defamed are 

angrier than actually injured. To successfully maintain an action for defamation, you should be able to prove and 

establish that the publication causes actual harm to you and not just that it made you angry. Those are actual 

injuries that can be addressed and quantified in an actionable manner. In the case of Wilson v. Bauer Media Pty 

Ltd (supra), it was clear that the false publication by the magazine occasioned a loss of business and income for 

Wilson and this was instrumental in the court’s findings in her favor. In Lachaux v. Independent Print Ltd13, the 

court dismissed the case since the claimant could not prove any serious harm caused him by the publications of 

the defendants.  

 

There must be evidence: A person can defame another person all day long but unless those who witness the 

defamation are willing to testify or the alleged defamatory statements are recorded, it becomes a ‘he said/she said’ 

situation. Generally, for online defamation, recorded statements are easier to preserve for trial but they will not be 

entirely useful unless there is information regarding who wrote the statement and who read, accessed or 

downloaded it. In Giwa v. Ajayi14, the Court of Appeal held that there was no evidence as to whom the alleged 

defamatory matter was published and since the Plaintiff did not lead evidence on this very important aspect, the 

court was entitled to conclude that there was in law and in fact no publication of the alleged defamation15. 

 

Proof of Online Defamation:  

As a general rule, not every ‘negative’ publication made online amounts to defamation. The allegation of 
defamatory publication within the context of online publication is hinged on the fact that the party claiming 

defamation must prove or show that the defamatory material was actually accessed and downloaded by identifiable 

persons within the jurisdiction of the court. Thus, the law will not presume that the words were actually read16. In 

the English case of Mohammed Hussein Al Amoudi v. Jean Charles Brisard & Anor17, the Plaintiff’s case was 

dismissed on the ground that he was not able to show that the defamatory material was actually accessed and 

downloaded by identifiable persons within the jurisdiction of the court. This case clearly draws the distinction on 

the elements that must exist to prove online defamation, which are – a. The alleged defamatory material must have 

been read or accessed by a third party to constitute substantial tort; and b. The said material must have been 

                                                             
12 2 [2017] VSC 521 (Australia) 
13 3 [2017] EWCA Civ 1334 (England) 
14 (1993) 5 NWLR (Pt. 294) 423 
15 See Omo-Agege v. Oghojafor (2011) 3 NWLR (Pt. 1234) at 341 and Zabusky v. Israeli Aircraft Ind. (2008) 2 NWLR (Pt. 
1070) at 109. 
16 King v. Lewis (2004) EWCA Civ1329 Case No. A2/2004/0380 
17 (2006) 3 All ER 294 



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accessed and downloaded within the court’s jurisdiction. It is a basic ingredient of online defamation that 
substantial and real publication of the alleged defamatory material must first be proved. This is so because 

publication cannot be inferred solely by reason of the mere fact that defamatory allegations have been accessible 

on the internet18. It is worth stating that in order to establish and prove an online defamation claim, it is generally 

immaterial whether the defamatory statement is deliberate or not. It is also of no moment that the online post in 

question was fired off in anger or even an innocent repeat of a third party’s defamatory statement. As long as it is 

published, read and reputational damage suffered, it is sufficient to prove the defamatory claim.  

 

Defences/Exception to Defamation 

As always, there are exceptions and defenses to online defamation and they generally include:  

1.  Fair comment – this refers to a statement of opinion which was arrived at based on accurate facts, which do 

not allege dishonourable motives by the person about whom the statements were made;  
2.  Statements made about a public person (political candidates, governmental officeholder, movie star, author, 

celebrity etc.) are usually exempt, even if they are untrue and harmful. This is due to their status as public 

persons. However, if they were made with malice – with hate, dislike, intent and/or desire to harm and with 

reckless disregard for the truth – the public person may have a cause of action.  

3.  Minor errors in reporting, such as publishing a person’s age or title inaccurately or providing the wrong 

address;  

4.  Governmental bodies due to the premise that a non-personal entity cannot have intent;  

5.  Public records are also exempt from claims of defamation;  

6.  Truth – where it is proven that the communication was true.  

 

5. Legal Framework for Mass Media in Nigeria  
In order to ensure National Security and by keeping relevant facts and information secret from the public and the 

rest of the world, the provision of the 1999 Constitution of Nigeria guarantees a regulation of the freedom of 

expression and the press19. While section 39(1) guarantees the right to freedom of expression and the press, section 

39(2) and (3), (a)-(b) quickly check the provisions by permitting its restriction or abridgment, by any law which 

is reasonably justifiable in a democratic society for the purpose of preventing the disclosure of information 

received in a confidence; or imposing restrictions upon persons holding office under the government of the 

Federation or State; or Members of the Armed Forces, or Police, and other security agencies20. The above section 

gave rise to different enactments and promulgations of laws with the aim of regulating ‘absolute freedom’ enjoyed 

by the mass media in Nigeria just like their counterpart in rest of the world. Following are the laws aimed at 

regulating the media in the country:  

 

The Nigerian Constitution: Even though, Section 39(1) of the 1999 constitution guarantees the right to freedom 
of expression and the press, Section 39(2) and (3) however place a limitation on the freedom of expression and 

the press by ensuring the authorization of the President of the Federal Republic of Nigeria must be required in 

order to own, establish or operate a television or wireless broadcasting station for any purpose whatsoever and by 

prohibiting the publication any information received in confidence, that is, matters classified by governments as 

official secrets or as confidential matters.  

Official Secrets Act: The official Secrets Act prohibits the publication of confidential information and matters 

relating to defense establishments, security installations and other protected places in Nigeria. Similarly, Section 

97 of the Criminal Code Act prohibits the disclosure of official secrets and the abstraction of confidential 

documents. For this therefore, official Secret Act serves as a means of limiting or part of regulating the functions 

of mass media in Nigeria.  

Law of Defamation: The law of defamation is said to be up to sub-divisions such as libel, slander, innuendo, and 
abuse. Although it is part of the statues of general application or received English laws, almost all the states of the 

federation have their defamation laws. A person may therefore be liable for making defamatory statements about 

another person without justification. In addition, defamation is also a crime and section 373-381 of the Criminal 

Code Act21 and laws prohibits defamation.  

Law of Sedition: The offence and penalty as stated in this law is provided in Sections 50 - 60 of the Criminal 

Code22, and prohibits the publication of seditious matters and other undesirable publications and the carrying out 

of seditious acts.  

                                                             
18 Jameel v. Dow Jones Inc; Al Amoudi v. Brisard [2007] 1 WLR 113 
19 Bello Madaki Beli and Ashiru Tukur Inuwa, Media Regulations in Nigeria: The Roadblocks to Freedom of the Press, 
Proceedings of the Multi-disciplinary Academic Conference on Sustainable Development Vol. 2 No. 4 July 10 – 11, 2014, 
M.L. Audu Auditorium, Federal Polytechnic, Bauchi. 
20 Malemi, E. (2009). Mass Media Law: Press Law (Third Edition). Ikeja: Princeton Publishing Co. 
21 Cap C38, Laws of the Federation of Nigeria, 2004. 
22 Ibid.  



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Law of Contempt: ‘This concept is most often difficult to describe as it has contempt in face of court or out of 
court’23. Most jurists however attempted to define contempt as any conduct which tends to bring into disrespect, 

scorn, the authority and administration of the law or which tends to interfere with and/or prejudice litigants and/or 

their witnesses in the course of litigation. Law of contempt can therefore be said to put a roadblock to free 

operations of the mass media in the country.  

Obscene and harmful Publication Laws: These laws prohibit the publication of obscene and harmful literatures, 

articles and acts that are likely to destroy the morality of the public. Criminal law is the main law that prohibits 

immoral acts and obscene and harmful publications. The Criminal Code Act and laws under Sections 214 - 233(a) 

prohibits various offences against morality, whilst section 233(b)-(f) specifically prohibits obscene publications 

and articles. This apart, the Penal Code, the Children and Young Persons Laws, the constitution, and so forth also 

prohibit obscene and harmful publications24.  

Copyright Act: The Copyright Act 202225 protects copyright work for a copyright owner. Any publication or 
other act which is an infringement of copyright work, or intellectual property, is wrongful and attracts appropriate 

sanctions under copyright law.  

Advertising Practitioners (Registration, Etc.) Act: The Advertising Practitioners (Registration, Etc.) Act26 

regulates the advertising profession and practices in Nigeria and also dealing with the ethical issues concerning 

the profession. Any person practicing advertising in Nigeria must therefore abide by the provision of the code 

failure of which a sanction can be enforced on the violation.  

National Broadcasting Commission Act27: The National Broadcasting Commission Decree, (now Act) 

established by the Decree No 48 of 1992 which is amended by the National Broadcasting Commission 

(amendment) Decree No. 55 of 1999 regulates radio and television broadcast in Nigeria.  

Nigerian Communications Commission Act28: The Nigerian Communications Commission is empowered by 

this Act to regulate all telephone service providers and related activities in Nigeria.  
Nigerian Press Council Act29: This law as amended by the Nigerian Media Council Decree No. 85 of 1992 

established the Nigerian Press Council. This is the regulatory body aimed at tackling media misdemeanor and 

interpretation of ethical principles and issues involving the practice of journalism in Nigeria. This law has been 

repealed and replaced by the Nigerian Press council (Amendment) decree No. 60 of 1999 now Act 2004.  

Nigerian Television Authority Act: The Nigerian Television Authority Act30 provides some framework for the 

regulation of the television stations, under its authority; among other things.  

Federal Radio Corporation of Nigeria Act: The Federal Radio Corporation of Nigeria Act31 and similar laws 

in the various states with respect to radio and television stations provide some framework for the regulation of 

such government owned media.  

Professional and Non-Statutory Bodies: Within the mass media in Nigeria, there are professional and non-

statutory bodies that provide some form of regulation through the provision and enforcement of professional 

ethics, or code of conduct. These bodies include The Nigerian Union of Journalists (NUJ); The Nigerian Guilt of 
Editors (NGE); and The Newspapers Proprietors Association of Nigeria (NPAN). Each of these bodies has a 

constitution and code of ethics regulating members.  

 

6. The Dark Side of Podcasting and the Imperative of Legal Regulation in Nigeria 

Podcasts have shown to have a growing listenership over the recent years. As of 2024, there are 464.7 million 

global podcast listeners. This number is predicted to reach 504.9 million by 202432. In today’s world, podcasts 

have become a major source of information on a variety of topics such as politics, current affairs, culture, health, 

and controversial issues. Surveys have shown that people listen to podcasts while completing mundane tasks such 

as commuting, and household chores33. Podcasts have become increasingly popular in recent years, and it seems 

like everyone and their mom has a podcast these days. From comedy to true crime to politics, there’s a podcast 

for everyone. But not everyone is thrilled about the podcast boom. Critics worry that podcasts are further ruining 
society by giving anyone a platform to share their thoughts, regardless of their expertise or qualifications. It is 

important to note that podcasts may sometimes unintentionally spread misinformation. One such example is when 

                                                             
23 Obadan O L, Laws and Ethics in Nigerian Media Practice” in Omu F I A & Obah G.E. (Ed.), Mass Media in Nigerian 
Democracy (Ibadan: Stirling-Horden Publishers (Nig.) Ltd., 2008) pp. 172-188. 
24 Malemi, op cit.  
25 This Act repealed the Copyright Act 1990 (Cap C28, Laws of the Federation of Nigeria, 2004).  
26 Cap A7, Laws of the Federation of Nigeria, 2004. 
27 Cap N11, Laws of the Federation of Nigeria, 2004. 
28 Cap N97, Laws of the Federation of Nigeria, 2004. 
29 Cap N128, Laws of the Federation of Nigeria, 2004. 
30  Cap N136, Laws of the Federation of Nigeria, 2004. 
31 Cap F18, Laws of the Federation of Nigeria, 2004. 
32 Rohit Shewale, Podcast Statistics For 2024, 2024. Retrieved online from 13 Podcast Statistics You Need To Know For 2024 
(backlinko.com).  Accessed on July 26, 2024. 
33 Stephanie J Tobin & Rosanna E Guadagno, Why People Listen: Motivations and Outcomes of Podcast Listening, 2022. 
Retrieved online from https://doi.org/10.1371/journal.pone.0265806 



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Joe Rogan’s influential podcast hosted infamous physician Dr. Robert Malone promoting COVID-19 conspiracy 
theories34. As a result, such podcasts may end up amplifying inaccurate or biased information to their listeners, 

which can negatively impact society. The democratization of podcasts and the lack of editorial oversight, fact-

checking, or accountability mechanisms in the podcasting ecosystem may contribute to the spread of 

misinformation. Furthermore, podcast users are loyal listeners and this only exacerbates the issue of 

misinformation unless users are made aware35. This makes the problem of tackling misinformation still an open 

challenge in audio-based information access systems such as spoken conversational search (where communication 

between a user and system occurs verbally through audio) and podcasts. 

 

Defamation, which involves making false statements that harm an individual's reputation, and character 

assassination, which refers to the deliberate attempt to destroy someone's reputation through malicious falsehoods, 

have become increasingly prevalent in Nigerian podcasts. The anonymity and informality of podcasting allow 
hosts and guests to make unverified claims without fear of immediate repercussions. This has led to several 

instances where individuals have been unjustly maligned. One notable example is the controversy surrounding a 

podcast episode where a purported repentant prostitute and purported realtor Chinwe Splendor came out on Gbam 

Podcast hosted by Dr. Chijindu Igwendu (Yanbaba) to allege that she has slept with all the Managing Directors 

of Real Estate Companies in Anambra State. She alleged that 95 per cent of the girls currently involved in the real 

estate business are ‘Hook-Up Girls (Prostitutes)’. According to her, as a lady, if you want to upgrade your 

prostitution business to the next level, you join the real estate business. She further complicated the broadcast by 

stating that as a result of her prostitution which started way back when she was in the University, she was not able 

to attend lectures. Therefore, in order to succeed with her academics, she slept with all her lecturers to be able to 

pass her course36. This podcast did not go down well with the Real Estate Developers in Anambra State as well 

as the University community where she graduated from. The allegations were made without evidence, yet the 
episode went viral, leading to significant reputational damage for the Real Estate Developers and the University 

Lecturers. Despite the lack of concrete proof, the podcast's wide reach meant that these claims were widely 

accepted as truth by many listeners. This podcast of course triggered reactions amongst the real estate developers 

and the lecturers. The Real Estate Developers Association of Anambra State came out to make a press conference 

denying the allegation and stating that she is not a realtor and that her statement is a lie from the pit of hell37. The 

University on their part sent her a mail asking that she return her certificate within 48 hours38.  

 

Another instance involved Caramel Plug, a well-known social media influencer and comedian, who recently 

launched a new podcast with two other influencers, titled ‘Rants, Bants and Confessions’. Unfortunately, in the 

very first episode of the podcast, Caramel made a statement that triggered a strong reaction from many people. 

During the podcast, Caramel expressed the opinion that women have men in their lives who perform different 

roles for them and will eventually become submissive to one particular man only when he's able to meet all of her 
needs, including financial and emotional support. In her words, ‘Women have men for everything. The ones who’ll 

give them gifts. The ones who are just there, they just want to sleep with you. We have men for everything. So, if 

you are coming into a woman’s life, and you say, ‘I want you to be submissive, I want you to stroke my ego, I want 

you to do everything’ and all of that stuff, you have to be ready to make sure you’re ticking all these boxes, you’re 

doing everything for her’. This view did not sit well with many people, as it appeared to portray women in a 

negative light, as gold diggers who offer nothing but their bodies in exchange for material support. Twitter users 

were quick to criticize the podcast hosts for their controversial opinions. Many felt that their views were borderline 

prostitution and reinforced negative stereotypes about women. The podcast in question provided no verifiable 

sources for the claims, yet the episode contributed to widespread public distrust and outrage, influencing people’s 

perception of women in a negative way.  

 
These are just to mention but a few. So many other instances abound where many defaming and controversial 

opinions have been canvassed on this podcast platforms which at the end of the day appears not to be true, thereby 

                                                             
34 Kevin Matthe Caramancion. An Exploration of Mis/Disinformation in Audio Format Disseminated in Podcasts: Case Study 
of Spotify, Electronics and Mechatronics Conference (IEMTRONICS), 2022, pp. 1 - 6. Retrieved online from 
https://doi.org/10.1109/IEMTRONICS55184.2022.9795760.  
35 Ute Döring, Barbara Müller, Svenja Rohr, John Ruhrmann, and Melissa Schäfer, Listen and Read: The Battle for Attention: 
A New Report About Key Audience Behaviour in the Age of EBooks, Audiobooks and Podcasts, Publishing Research Quarterly 
38, 1 (2022), pp. 40 - 52. Retrieved online from https://doi.org/10.1007/s12109-021-09853-2.  
36 The Podcast can be accessed on YouTube using the following link; https://www.youtube.com/watch?v=cMYXwYuKpRw 
37 Izunna Okafor, Anambra Real Estate CEOs Dismiss Akllegagtion from Repentant Harlot who Claimed She Slept with 95% 
of them, 247 U Reports, 11th June 2024. Retrieved online from https://247ureports.com/2024/06/anambra-real-estate-ceos-
dismiss-allegation-from-repentant-harlot-who-claimed-shes-slept-with-95-of-them/ 
38 Faith Ajayi, Sex-For-Marks: Actress Begs as Varsity Demands Certificate’s Return, Punch Newspaper, 15th June, 2024. 
Retrieved online from https://punchng.com/sex-for-marks-actress-begs-as-varsity-demands-certificates-return/ 
 



ISHIGUZO: The Dark Side of Podcasting: Defamation, Character Assassination, and the Imperative of Legal 

Regulation in Nigeria 

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highlighting the dangerous potential of unregulated podcasting in spreading misinformation and harming 
reputations.  

 

The consequences of defamation and character assassination through podcasts are far-reaching. For individuals, 

it can lead to severe emotional distress, loss of livelihood, and irreparable damage to personal and professional 

relationships. Public figures, in particular, are vulnerable to these attacks, which can undermine their credibility 

and career prospects. Moreover, the spread of defamatory content can erode public trust in the media. When false 

information is disseminated without consequence, it creates an environment where misinformation thrives, 

making it difficult for audiences to distinguish between fact and fiction. This undermines the role of the media as 

a credible source of information and poses a significant threat to the integrity of public discourse in Nigeria. Given 

the potential harm that can arise from unregulated podcasting, there is a pressing need for legislation to regulate 

the medium in Nigeria. Currently, Nigeria lacks specific laws addressing the content of podcasts, leaving a 
regulatory vacuum that has allowed these issues to proliferate. Legislation could address this by establishing clear 

guidelines for podcast content, including requirements for fact-checking and the responsible handling of sensitive 

information. For example, laws could mandate that podcasts dealing with allegations against individuals or entities 

must provide verifiable evidence and give the accused parties a right of reply. Such provisions would help to 

mitigate the risk of defamation and character assassination while preserving the freedom of expression that makes 

podcasting an attractive medium. 

 

7. Challenges to the Legal Regulation of Podcasts in Nigeria 

The legal regulation of podcasts in Nigeria faces several challenges, which can be broadly categorized into 

technical, jurisdictional, and policy-related issues. Here are some of the key challenges: 

 

Technical Challenges: 

 

Defining Podcasts: The first challenge is defining what constitutes a podcast. Podcasts can take various forms, 

including audio, video, and live streams. This diversity makes it difficult to create a comprehensive regulatory 

framework. 

Anonymity and Pseudonymity: Podcasters can remain anonymous or use pseudonyms, making it challenging for 

regulators to identify and hold them accountable for any violations. 

Decentralized Nature: Podcasts are often hosted on various platforms, such as Apple Podcasts, Spotify, or 

YouTube, which can be operated from anywhere in the world. This decentralization makes it difficult for 

regulators to track and regulate podcasts. 

Ephemeral Nature: Podcasts can be easily deleted or modified, making it challenging for regulators to investigate 

and prosecute cases involving podcasts. 

 

Jurisdictional Challenges: 

 

Geographical Reach: Podcasts can be accessed globally, making it challenging for Nigerian regulators to 

determine their jurisdiction over podcasts produced outside Nigeria but accessible within the country. 

Cross-Border Issues: Podcasts often involve international collaborations, making it difficult to determine which 

country's laws apply. 

Extraterritorial Jurisdiction: Nigerian regulators may face challenges exercising jurisdiction over foreign-based 

podcasters or platforms. 

 

Policy-Related Challenges: 
 

Freedom of Expression: Podcasts are a form of expression, and regulating them can raise concerns about 

censorship and freedom of speech. 

Diversity of Content: Podcasts cover a wide range of topics, including sensitive or controversial subjects, making 

it challenging to develop a regulatory framework that balances freedom of expression with social responsibility. 

Industry Growth: The podcasting industry is rapidly evolving, making it difficult for regulators to keep pace with 

the latest developments and trends. 

Lack of Clear Guidelines: The absence of clear guidelines and regulations can create uncertainty for podcasters, 

leading to self-censorship or avoidance of sensitive topics. 

Enforcement Challenges: Regulators may face difficulties enforcing regulations, particularly if podcasters are 

based abroad or use anonymous or pseudonymous identities. 

Balancing Regulation and Innovation: Over-regulation can stifle innovation and creativity in the podcasting 
industry, while under-regulation can lead to irresponsible content. 

 

 

 



 African Customary and Religious Law Review (ACARELAR) 5 (2024) 

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8. Conclusion and Recommendations  
The dark side of podcasting in Nigeria, characterized by defamation and character assassination, underscores the 

urgent need for regulation. While podcasting offers a valuable platform for free expression and diverse content 

creation, its potential for misuse cannot be ignored. Legislative measures are necessary to protect individuals from 

harm, preserve the integrity of public discourse, and ensure that podcasting remains a constructive force in 

Nigeria's media landscape. Balancing regulation with the need to protect free speech will be crucial in this 

endeavor. By drawing on both local and international experiences, Nigeria can develop a legal framework that 

addresses the unique challenges posed by podcasting, while fostering a media environment that is both vibrant 

and responsible. The following measures may be helpful: 

 

Development of Clear Guidelines: Regulatory agencies should develop clear guidelines and regulations for 

podcasters, outlining acceptable content and behavior. 
Industry Self-Regulation: Encourage industry self-regulation, allowing podcasters to establish their own codes of 

conduct and standards. 

Capacity Building: Provide training and capacity-building programs for regulatory agencies to enhance their 

understanding of podcasting and its regulatory challenges. 

International Cooperation: Foster international cooperation to address cross-border issues and share best practices 

in podcast regulation. 

Public Education: Educate the public about responsible podcasting practices and the importance of respecting 

intellectual property rights and social norms. 

Review and Update Existing Laws: Review and update existing laws and regulations to ensure they are relevant 

and effective in regulating podcasts. 

 
 


