Defamatory and Offensive Publications Act

Sounds where recorded shall, if defamatory, be deemed to be published if reproduced in any place to the hearing of persons other than the person causing it to be reproduced; and in any prosecution, the penal provisions whether of the Criminal Code to the extent of its operation elsewhere than in the Northern States, or as to the said Northern States, of the Penal Code shall, in so far as they relate to or purport to define publication of defamatory matter, be construed and have effect subject to this section.

(a) in any manner or form publishes or displays or offers to the public the pictorial representation of any person living or dead in a manner likely to provoke any section of the community; or

(b) publishes or circulates publications either in the form of newspapers, or leaflets, periodicals, pamphlets or posters, if such publications are likely to provoke or bring into disaffection any section of the community; or

(c)

sings songs, plays any instrument or recording of sounds, or sells, lends, or lets on hire any record of sounds, the words of which are likely to provoke any section of the community, shall be guilty of an offence for which he may be arrested without warrant by any police officer or member of the armed forces in uniform, and upon conviction shall be liable to a fine of N100 or to imprisonment for a term of 3 months, or to both; and the court convicting may order confiscation of any material (including records used for purposes contemplated by this section, and of any instrument used in connection therewith).

(2) Where any person is subsequently convicted of the like or any other offence under this section, the penalty shall be the maximum prescribed for the offence.