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.
Particulars Of Claim For Defamation Of Character South Africa In King
Category:
State:
Multi-State
County:
King
Control #:
US-00423BG
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Word;
Rich Text
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The following TMT precedent provides comprehensive and up to date legal information on Particulars of claim (defamation) The defamatory statements were contained in an official report – with the journalist not being required to verify the accuracy of all statements in the report.It is one of the most misunderstood legal rulings. The particulars of the claim must adhere to the rules of South African civil procedure, ensuring they are clear, concise, and comprehensive. As a result of the defamation, the first plaintiff has been damaged in its reputation and has suffered damages in the sum of R250 000,00. 14A. The first stage in the process is for the claimant to issue a letter of claim (also known as a letter before action and previously known as a cease and desist). The claim based on dignity was made on the basis that the image was insulting to Dr Dey and that his sense of selfworth had been offended. Defamation is a communication that injures a third party's reputation and causes a legally redressable injury.
