A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Defamation Of Character Law In Namibia In Allegheny
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Multi-State
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Allegheny
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US-00423BG
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FAQ
The test for defamation is whether, in the opinion of a reasonable person with ordinary intelligence, the words have the tendency to undermine, subvert, or impair a person's good name, reputation or esteem in the community. A two staged enquiry is adopted in this regard.
The Namibian Constitution is the Supreme Law of Namibia. All other laws must be in line with the Constitution to be valid.
Generally, to prove defamation, you must show that a false statement was made, about you, to third parties, and which caused you damage. Once you have evaluated your case, and determined that you can satisfy these elements, you can then proceed with pursuing your matter.
Order prohibiting the publication of a defamatory statement. (b) the defendant has no defence to the action that is reasonably likely to succeed.
Send a Cease and Desist Letter: Often, a formal letter from a lawyer indicating the defamatory nature of the statements and demanding their cessation can resolve the issue. File a Lawsuit for Damages: If the defamation has caused significant harm, a lawsuit may be the appropriate step to claim damages.
The publishing of a statement which lowers the individual or the company in the estimation of right thinking members of society generally. Broadly, the test is whether a statement would cause one to think less of the person or company to whom it refers.
I am writing because you recently made defamatory statements about me my company my company and me. I ask that you immediately retract these statements. On date, you summarize what recipient did that is defamatory.
A defamatory statement must be an assertion of fact, not an opinion. For example, if your boss says that you are not a very nice person, then that statement is likely to be an opinion. On the other hand, if your boss says you have been stealing from the company, that is a statement of fact, not opinion.
More info
Namibian Constitution Second Amendment Act 7 of 2010 (GG 4480). This amending Act came into force on its date of publication: 7 May 2010,.In an action for a libel or a slander, the defendant may allege and prove the truth of the matter charged as defamatory. It is one of the most misunderstood legal rulings. Defamatory matter is anything which exposes a person or a group, class or association to hatred, contempt, ridicule, degradation or disgrace in society. This book aims to offer practical guidance on current and developing defamation law in Canada.
