Disclaimers offer no shield against libel, expert warns journalists

By Kunle Sanni –

Gbemiga Ogunleye, a former Provost of the Nigerian Institute of Journalism, has cautioned that writing a disclaimer or applying it to guest comments does not protect media organisations from potential libel lawsuits.

Speaking on Saturday at the Western Post 2025 Annual Retreat held in Ogun State, Ogunleye explained that while a disclaimer may offer a media platform some room for litigation and possible negotiation, it does not prevent an aggrieved party from initiating legal proceedings.

Delivering a lecture titled “Salient Legal Issues for Journalists,” the veteran journalist stressed that a defamed plaintiff retains the right to decide whom to sue, regardless of how many platforms published the allegedly defamatory content.

He urged journalists and media houses to uphold professional ethics and exercise extra caution to avoid costly legal battles. “Always do more cross-checking and fact-checking. Get the original copies of crucial documents and avoid relying only on photocopies,” he advised.

On the risks of misusing sources and innuendo, Ogunleye warned: “The improper use of innuendos and sources can lead to lawsuits. A journalist should be able to identify a source’s agenda. Ignorance is no defence in court.”

Highlighting tactics sometimes used by plaintiffs to target news organisations, Ogunleye—who is also a lawyer—explained the concept of Strategic Lawsuits Against Public Participation (SLAPP) suit, which are intended to exhaust a media outlet’s resources by filing cases in distant jurisdictions.

He warned that such suits are not necessarily filed to win but to intimidate or silence critical reporting through financial and legal pressure.

Ogunleye concluded by reminding practitioners to adhere strictly to journalism’s ethical codes to protect both their credibility and legal standing.