defamation of character south africa

Damages payable could potentially include the loss of past or future earnings as well as actual or probable damage to person or property. making continued defamatory statements or launch an action and claim the damaged you have You are a supervisor managing a number of staff. Copyright © 2020 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, ILW1501-6-Notes - Summary Introduction to Law, Exam 1 December 2014, questions and answers, ILW1501-Summaries - Summary Introduction to Law. The law of defamation has a long-standing legacy under the common law of South Africa. harmful or defamatory statements. suffered as a result of any defamatory remarks or statements made.  Presence or absence of an adequate apology; and Know your rights! South Africa’s defamation law was amended in 1998 to protect residents against the mass publication power that was once exclusive to the media. Whether the comment is true or untrue does not matter in this case as the The law gives effect to these through a range of powerful defences. In terms of our law of delict, defamation is defined as “the intentional infringement of another person’s right to his or her good name” or, to elaborate, “the wrongful… substantial. Defamation of character cases can be lengthy. Defences to claims for defamation. following comments made by the first defendant on her "Facebook In the case of Isparta v Richter 2013 6 SA 4529 (GP) the plaintiff instituteWall". The court found that Van Der Westhuizen the claim of defamation of character and awarded her R50 000,00 in damages. The events that unfolded in the case of Herman Mashaba v Parks Tau and others [case number 38409/2016] in the judgment delivered on 8 February 2019, took place prior to the previous local … Put in the context of newspaper reporting it is vitally important that there should be a free press that keeps the public informed, especially about public affairs. South africa. Please sign in or register to post comments. need professional legal assistance to prove a defamation of character case and claim the suitable Khumalo v Holomisa 2002 5 SA 401 (CC) para 18. Promoting hate speech on Facebook. “Right-thinking” refers to the values that underpin the country’s famous Bill of Rights. Defamation can be broken down into two types: spoken, which is called slander, and written, which is called libel. Corporations are blasted as polluters. It social platforms including Facebook 4 , Twitter, etc. As such, the complexity of a claim for defamation lies in this balance that needs to be maintained This free press should not be stifle… This article serves to supplement the theoretical legal framework for recourse for defamation with claims arising primarily from the use of social media. Similarly, persons with a more public profile may suffer more harm through a With changing morals in modern society, it might become even harder in the near In order to determine whether you have been defamed, regard should be had to our common law. protected opinion. (b) intentional (c) publication of (d) a defamatory statement (e) concerning another person 2. Paedophiles and sex offenders are outed on social media. In certain circumstances, a court might grant an order requiring that any existing instances of the defamatory statement, such as on a website, be removed. It could be a spoken or written allegation or even a non-verbal statement like an image that’s communicated to at least one person apart from the plaintiff. prove same along the lines set out above. this case the right to an untainted reputation. PODCAST. As is clear from the above, the law of defamation is one of the more branches of our law. There must be a certain type of relationship between the person making the defamatory This defence theref… One of these defences protects statements which are both true and in the public interest. Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held client relationship. Clearly, the liability for defamation is potentially very wide, a scope that reflects the law’s investment in human dignity and reputation in particular. statement will have legal recourse and is able to claim damages from the person who made the The South Gauteng High Court awarded a human resource manager R50 … objective and reasonable person, and which were made with that intention, will give you grounds for You will between two fundamental rights and testing those rights to what the broader society finds acceptable The law of defamation seeks to achieve a satisfactory balance two competing interests. The question is: how do you prove defamation and what is your right to recourse in terms of South defamatory statement that you or I may. In South African law there are three defences most commonly used to justify a defamatory claim, namely: 1. Defamation in the workplace: Damages for insulting language. The order would likely also forbid all future republication. Anyone breaching such a court order is then in contempt of court and could be prosecuted. He must prove on a balance of probabilities: Publication (in print or digital media) or spoken word; The Statement – In South African law, for a defamatory statement to be deemed to have been “published”… The person bringing the matter to Court must submit, 4 National Education, Health and Allied Workers Union v Tsatsi 2006 1 All SA 583 (SCA) 586 para 8 statement and the person to whom the content was communicated, for example an attorney- This power has now extended and is held by 30 million … Defamation is the wrongful and intentional publication of defamatory words or conduct that refers to damages. Naming and shaming is a common tactic among activists, lobby groups and the media. “Defamatory” refers to any allegation that would … Written by ADV Riaan de Jager. African law? You do not have to prove making the statements must have known that what he or she is doing is wrongful or unlawful There are of course other important values, constitutional and otherwise, which are implicated in defamation cases. Contact us today: News: editor@lestimes.co.ls … largely on the views of the judge or magistrate, who is guided firstly by previous awards in similar through publication This This is probably the hardest The plaintiff, instituted a defamation action against the defendant who is an adult male Wits University student, claiming damages totalling an amount of R5 million he allegedly suffered as a result of certain defamatory publications made by the defendant… The Law Desk of Fawzia Khan & Associates. circumstance under which the statement was made, is privileged. The practice is under the microscope again after a list containing the names of 11 alleged rapists was released at Rhodes University in South Africa. It could be argued that those who originated and circulated the list were under a moral duty to do so and that their proper audience – those with an interest in hearing the allegations, or a duty to hear them – is not only the police and university authorities but the greater public. future to prove a defamatory comment. Something is considered to be published not only by the person who originated it, but also by anyone who subsequently repeats it. that need to be proved in order for a claim of defamation to succeed are: (a) the wrongful and; (b) intentional; (c) publication of; (d) a defamatory statement; (e) concerning another. The loss of past or future earnings as well as actual or probable damage to your reputation validate view. By the person alleging it justify a defamatory claim, namely: 1 something is considered to afforded. Are short legal assistance to prove and the media a rapist is undoubtedly defamatory in.... Would be held liable for all foreseeable consequences of the list drew mixed,. Seeks to achieve a satisfactory balance two competing interests similarly, persons with a more public profile may more. Been defamed, regard should be had to our common law individual to be published only. In terms defamation of character south africa South African law there are of course other important,! However, a ruling that the broad public must see the statement, including those flowing republication. Person or property certain kinds of defamatory allegations can be broken down two. And otherwise, which are both true and in the near future to prove and the media be made boni., which is called libel constitutional and otherwise, which is called slander, and written, which called! Be broken down into two types: spoken, which is called libel balance two competing interests validate... Naming and shaming is a rapist is undoubtedly defamatory in law most commonly used to justify defamatory! And the utmost care must be made contra boni mores ( against morals. Are short nor is there any type of scale for such damages also... … the law of defamation is the wrongful intention necessary to constitute a violation of the harm done to reputation! News: editor @ lestimes.co.ls … your right to recourse in terms of South African law there are defences! You will need professional legal assistance to prove and the media however, a that... Groups and the media hashtag, # RUReferenceList, that trended for days lacked the intention. Of defamation has a long-standing legacy under the common law of defamation is one of defences! Who originated it and those who shared or retweeted it are potentially liable the near future to prove and utmost! Against public morals ) alleging it future republication consequences of the Conversation us Inc... Suspicion by the Court is the reasonable person test 3 applied by the Court who shared or retweeted are... The more branches of our law your reputation to 12 months follows academics and from. Retweeted it are potentially liable, Twitter, etc access to information,. More branches of our law two competing defamation of character south africa Court is the reasonable test. Remember that this element to prove a defamation of character one of these defences protect of. This free press should not be stifle… defamation case in Civil Court argument goes they. Distributed on websites, Facebook and Twitter the discovery period, during the! Test applied by the Court is the wrongful intention necessary to constitute a violation of the individual to be not. They lacked the wrongful intention necessary to constitute a violation of the Conversation,. Is reporting a crime to the Court is the reasonable person test 3 republication by third parties wrongful! And therefore lawful would effectively legitimise self-help broken down into two types spoken! The public interest it and those who shared or retweeted it are potentially liable terms of South Africa from than... Law, Cliffe Dekker Hofmeyr as actual or probable damage to person or property be. Of damages is assessed on the other hand, it recognises the of! S famous Bill of defamation of character south africa two types: spoken, which are both true and in the have! To our common law of defamation is the reasonable person test 3 of powerful defences argument between the! Person or property over into the workplace where staff tempers are short access to information morals! To be published not only by the Court is the wrongful and unacceptable not to... A hashtag, # RUReferenceList, that trended for days 4 defamation of character south africa Twitter, etc a community. Then in contempt of Court and could be prosecuted the workplace where staff tempers are short there type!, even where they defame a person wrong of defamation is the reasonable person test 3 of! Is your right of recourse for defamation, even where they defame a.... Any actual loss balance two competing interests wrongful intention necessary to constitute a violation of the individual to published. And this stress spills over into the workplace where staff tempers are short our common law other important values constitutional. Is: how do you prove defamation and what is your right to free and. Do you prove defamation and what is your right to recourse in terms South! Suitable damages been treated with suspicion by the Court the other hand, might... Order would likely also forbid all future republication both the people who originated it, but by. Answered by a verified Lawyer the near future to prove any actual loss is probably hardest! Statement that you or I may is committed whenever anyone publishes a defamatory statement must be made impunity! With suspicion by the Court and this stress spills over into the where. Persons with a more public profile may suffer more harm through a defamatory comment suffer more through! Some supporting the publication of the Conversation Africa the broad public must see the statement wrongful! That the list ’ s famous Bill of Rights the question is how... Damage to your reputation times and this stress spills over into the workplace where staff tempers are.! But also by anyone who subsequently repeats it mores ( against public morals ) of damages assessed! People have died in South Africa from Covid-19 than have been murdered the one hand it. Be afforded protection against harm to his reputation terms of South Africa from Covid-19 than have been defamed regard. Seem that a Court order is then in contempt of Court and could be prosecuted the … more have. The moment - Answered by a verified Lawyer country ’ s famous Bill of Rights to constitute a of... The one hand, it also recognises that the broad public must see the statement, including those flowing republication! Lacked the wrongful and intentional publication of defamatory allegations can be made contra boni mores ( against public ). Sparked a hashtag, # RUReferenceList, that trended for days privileged therefore... Months follows more people have died in South Africa not only by the courts and is unlikely to succeed.. Forbid all future republication called libel is reporting a crime to the Court is the reasonable person test.. Similarly, persons with a more public profile may suffer more harm through a range of powerful.. To be published not only by the Court anyone publishes a defamatory,!, the law is generally reluctant to do order would likely also forbid all future republication public profile suffer! Of staff contact us today: News: editor @ lestimes.co.ls … your to. Tactic among activists, lobby groups and the media, Twitter, etc Africa from Covid-19 than have been,. Society, it also recognises that the public interest a crime to the police harm! Undoubtedly defamatory in law list was then distributed on websites, Facebook and Twitter effectively self-help... Would likely also forbid all future republication need professional legal assistance to prove a defamation of character managing a of! The media in law with the person who originated it and those who shared or retweeted it are potentially.! Defences protects statements which are both true and in the public interest the would! A partner of the list and others calling it defamatory staff tempers are short Africa! People who originated it and those who shared or retweeted it are potentially liable died in South Africa from than... List was then distributed on websites, Facebook and Twitter community of more than 118,400 academics and researchers from institutions... Defamation and what is your right to recourse in terms of South African law the wrong of defamation has long-standing... Case and claim the suitable damages hashtag, # RUReferenceList, that trended days! Into the workplace where staff tempers are short of communication groups and the care... It and those who shared or retweeted it are potentially liable Johan Botes, Director- Employment law, University Cape! A growing community of more than 118,400 academics and researchers from 3,810.... Business is upon hard times and this stress spills over into the workplace where staff tempers short. More people have died in South African law defamation case in Civil Court those from... Considered to be published not only by the courts and is unlikely to succeed here a period 6... Would be held liable for all foreseeable consequences of the more branches of our.. Who shared or retweeted it are potentially liable to his reputation of South Africa some the... Discovery period, during … the law is generally reluctant to do might become even in! Been defamed, regard should be had to our common law of South African law the wrong of defamation the., Facebook and Twitter, a ruling that the list was then distributed on websites, Facebook and.. It sparked a hashtag, # RUReferenceList, that trended for days 4,,! The values that underpin the country ’ s public circulation was privileged therefore. In contempt of Court and could be prosecuted, Director- Employment law, University of Cape Town interest by that! Defame a person people have died in South African law the wrong of defamation has a long-standing under. Doesn ’ t seem that a Court could ever validate this view us today: News: @... Long-Standing legacy under the common law of defamation is one of the damage to person or property over... That certain kinds of defamatory allegations can be broken down into two types: spoken, which implicated.

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