Cameroon Defamation Laws: Civil, Criminal & Defences

Defamation in Cameroon is both a civil wrong and a criminal offence. Section 305 of the Penal Code (Law No. 2016/007) makes injuring another person's honour or reputation punishable by imprisonment and a fine, while Law No. 2010/012 on cybersecurity and cybercrime governs online and electronic defamation.

Is defamation civil or criminal in Cameroon?

Defamation in Cameroon is treated as both a criminal offence and a civil wrong. The criminal offence is set out in section 305 of the Penal Code (Law No. 2016/007 of 12 July 2016), which punishes a person who injures the honour or reputation of another by direct or indirect imputation of facts that the person cannot prove. Because Cameroon is a bijural state, criminal prosecutions follow the Penal Code and the Criminal Procedure Code, while a victim can also pursue civil compensation, either by joining the criminal case as a civil party (partie civile) or by bringing a separate civil action. Online defamation is additionally governed by Law No. 2010/012 of 21 December 2010 on cybersecurity and cybercrime. In practice a defamed person in Cameroon can therefore seek a criminal conviction, civil damages, or both.

What counts as defamation?

Under section 305 of the Penal Code, defamation is committed by injuring the honour or reputation of another through the imputation, direct or indirect, of facts the maker cannot prove. The imputation must concern a specific person and must be communicated to others. Cameroonian law distinguishes defamation, which involves alleging a particular fact, from insult, which is an abusive or contemptuous expression that does not impute a specific fact. Where contemptuous words target public officials or public bodies, the Penal Code treats the conduct as a form of contempt of authority. The same defamation penalties apply whether the statement is spoken, written, printed in the press, broadcast, or distributed by any means intended to reach the public, so newspaper articles, radio and television programmes, and online posts all fall within the offence.

Criminal defamation and penalties

Section 305 makes defamation a criminal offence carrying imprisonment of six days to six months and a fine of XAF 5,000 to XAF 2,000,000, or both. The table summarises the main provisions.

Watch out: Section 78 of the 2010 cybercrime law doubles the penalty where the false publication is made with the aim of disturbing public peace, so the same online statement can attract a far heavier sentence than ordinary print defamation.

What defences are available?

The central defence to a defamation charge is proof that the imputed facts are true, since the offence under section 305 turns on imputing facts the maker cannot prove. That defence is significantly restricted by section 305(3), which provides that no proof of truth may be offered where the statement concerns the private life of the person defamed, refers to a fact more than ten years old, or concerns an offence that has been amnestied or a conviction that has been expunged. Beyond truth, a defendant may argue good faith, meaning the statement was made on a legitimate occasion, without malice, and on a reasonable basis, and may rely on the absence of publication or of identification. Fair and accurate reporting of public proceedings, and statements made in the course of official or judicial duties, attract privilege under general principles.

Remedies and damages

A criminal conviction for defamation can result in imprisonment, a fine, or both, within the ranges set by section 305. In addition to the criminal penalty, the victim who joins the case as a civil party can be awarded damages by the criminal court to compensate the harm to reputation, and a person who prefers a purely civil route may sue for damages under general tort principles. Courts assess civil compensation by reference to the gravity of the allegation, the extent of publication and the harm suffered, and there is no fixed statutory cap stated in section 305. Because prosecution generally depends on a complaint by the injured party, the complainant can also withdraw the complaint, which ends the criminal proceedings, a feature often used where the parties reach a settlement or the defendant issues a retraction or apology.

Limitation period

The time limits that apply to a defamation matter in Cameroon depend on whether it is pursued as a criminal prosecution or a civil claim. Press and defamation offences are subject to the short limitation periods set out in the Criminal Procedure Code and applicable press rules, so a complainant should act promptly after publication rather than assume a long window remains open. A civil action for damages is governed by the ordinary limitation rules for civil claims, which differ from the criminal periods. Because the precise period can turn on how the matter is characterised and on the procedural route chosen, a person who has been defamed should treat the deadline as short and seek to lodge a complaint or file suit quickly after becoming aware of the publication.

Online and social media defamation

Defamatory statements published online in Cameroon can be prosecuted both as ordinary defamation under section 305 of the Penal Code and under Law No. 2010/012 of 21 December 2010 on cybersecurity and cybercrime. Section 78 of that law punishes the use of electronic communications to publish false information with imprisonment of six months to two years and a fine of XAF 5,000,000 to XAF 10,000,000, or both, and doubles the penalty where the aim is to disturb public peace. Social media posts, messaging, blogs and online news fall within these provisions, and the 2010 law is regarded as one of the more detailed and punitive frameworks for online expression in the region. A person defamed online may pursue a criminal complaint, a civil claim for damages, or both, and the practical priority is often securing removal of the content.

How a defamation claim is brought

A criminal defamation case in Cameroon generally begins with a complaint by the injured party to the police, gendarmerie or state counsel, since prosecution for defamation ordinarily requires that complaint. The matter then proceeds before the criminal courts under the Criminal Procedure Code, and the victim may constitute themselves a civil party to claim damages within the same proceedings. A person who prefers a civil remedy can instead sue for damages in the civil courts under general tort principles, pleading the defamatory words, their publication and the harm caused. Because the complainant can withdraw a criminal complaint, many disputes are resolved through retraction, apology or settlement before trial. Given the short limitation periods, prompt action after publication is important.

Frequently Asked Questions

Is defamation a crime in Cameroon?

Yes. Section 305 of the Penal Code (Law No. 2016/007) makes defamation a criminal offence punishable by imprisonment of six days to six months and a fine of XAF 5,000 to XAF 2,000,000, or both. Online defamation can also be prosecuted under the 2010 cybersecurity and cybercrime law.

What is the penalty for defamation in Cameroon?

Under section 305 of the Penal Code the penalty is imprisonment of six days to six months and a fine of XAF 5,000 to XAF 2,000,000, or both. False electronic publications under section 78 of Law No. 2010/012 carry six months to two years imprisonment and fines up to XAF 10,000,000.

Is truth a defence to defamation in Cameroon?

Truth can be a defence because the offence turns on imputing facts the maker cannot prove. However, section 305(3) bars proof of truth where the statement concerns private life, a fact more than ten years old, or an amnestied offence or expunged conviction.

How do you sue for defamation in Cameroon?

A criminal case usually starts with a complaint to the police, gendarmerie or state counsel, since prosecution generally requires the victim's complaint. The victim can claim damages as a civil party in the criminal case or bring a separate civil action in the civil courts.

Does Cameroon law cover online defamation?

Yes. Defamatory online statements can be prosecuted under section 305 of the Penal Code and under Law No. 2010/012 of 21 December 2010 on cybersecurity and cybercrime, whose section 78 punishes false electronic publications and doubles the penalty where the aim is to disturb public peace.

What is the difference between defamation and insult in Cameroon?

Defamation under section 305 involves imputing a specific fact that injures honour or reputation, while insult is an abusive or contemptuous expression that does not impute a particular fact. Both are addressed in the Penal Code, but they are distinct offences.

Can a defamation complaint be withdrawn in Cameroon?

Yes. Because prosecution for defamation generally requires a complaint from the injured party, that complainant can withdraw the complaint, which ends the criminal proceedings. This is commonly used where the parties settle or the defendant apologises or retracts.