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.
Suing For Defamation Of Character In South Africa In Middlesex
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Multi-State
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Middlesex
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US-00423BG
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FAQ
All statements, written or spoken about you, which diminish your reputation in the eyes of right-thinking people, and which were made with that intention, will give you grounds for an action for damages for defamation.
These include: There must be a defamatory statement. The defamatory statement must be understood by right-thinking or reasonable minded persons as referring to the plaintiff. There must be a publication of the defamatory statement, that is to say, it must be communicated to some person other than the plaintiff himself.
To win a defamation case, the following elements must be proven: Falsity: The statement made must be false. Publication or Communication: The statement must have been made known to third parties. Malice: The statement must have been made with malice or ill intent.
Truth, or substantial truth, is a complete defense to a claim of defamation.
Truth is the best defense to defamation. For example if sued for calling a person a criminal, then the defendant could produce a valid record of a criminal conviction, properly certified and exemplified and the defendant would probably be granted summary judgement.
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.
A person who wishes to take legal action for defamation must be able to prove that they have suffered, or could suffer, 'serious harm'. If a corporation is suing for defamation, it needs to prove that it has suffered 'serious financial loss' as a result of the publication of the allegedly defamatory matter.
If a person is found guilty of defamation in South Africa, they may face civil liability. The consequences can include: Damages: The defamed individual may be awarded financial compensation for the harm done to their reputation. The court will assess the extent of the harm and the appropriate amount of damages.
The consequences of being charged with criminal defamation, rather than sued in terms of civil law, are significant. First, the accused person has to go through the rigors of a criminal prosecution, which may include arrest and detention and a harrowing criminal trial.
More info
It is one of the most misunderstood legal rulings. Individuals and corporations may sue for defamation, but government bodies are precluded from suing.Libel is the written or printed form of defamation. Defamation is classified as a delict injuria called under South African Law which can have legal and financial implications for the wrongdoer. Defamation is a complex legal issue in South Africa that revolves around protecting one's reputation and the responsible exercise of free speech. What constitutes privilege? How are damages for defamation calculated? A party who intends to claim for defamation must do so in terms of the common law rules and not rely directly on the Constitution. You can still be held liable for defamation even if you believed that your statement is true and in the public interest. Libel or slander case under the FTCA and you can't sue if the government mishandles, detains or loses your belongings.
