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 Kenya In Middlesex
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Multi-State
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Middlesex
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US-00423BG
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FAQ
The plaintiff ought to show that the words used were defamatory in that they lowered the plaintiff's reputation in the estimation of right-minded persons in the society. The words complained of must be shown to have injured the reputation, character or dignity of the plaintiff20.
Generally, to win a defamation lawsuit, you must prove that: Someone made a statement; The statement was published; The statement caused your injury; The statement was false; and. The statement did not fall into a privileged category.
India Code: Section Details. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
The law protects individuals from harm to their reputation caused by false and derogatory remarks through the enactment of the Defamation Act, Chapter 36, Laws of Kenya (“the Act”).
(1) An offer to make amends may be withdrawn before it is accepted by notice in writing given to the aggrieved person. (2) A publisher who has withdrawn an offer to make amends may make a renewed offer.
The plaintiffs must prove that the injury was due or as a result of the defendant's negligence. II. Compensation-Covers (Economic damages-that is actual financial loss such as medical bill and(non-economic damages which compensate for pain,suffering and emotional distress.
