Defamation Of Character Law In Namibia In Allegheny
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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.
