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.
Elements Of Defamation In Kenya In San Jose
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Filing is done by presenting a statement of claim together with a payment for its filing at the court registry. The statement of claim is sometimes referred to as a Plaint. It describes the parties to the suit, their addresses, chronological events leading to the suit, the cause of action and the Plaintiff's prayers.
A civil defamation claim is brought by an individual or corporation against a journalist/media outlet accused of publishing the defamatory statement complained of. Defamation claims must be brought within 12 months of the date on which it is claimed that the libel or slander was committed.
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”).
What does a defamed person need to prove in court? publication of a statement (verbal and/or written); the defamer must intend to defame a person; there must be harm or injury; and. the publication must violate a person's right to his/her good name, reputation and dignity.
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence ; and 4) damages , or some harm caused to the reputation of the person or entity who is the ...
In any action for libel, the court shall assess the amount of damages payable in such amount as it may deem just:Provided that where the libel is in respect of an offence punishable by death the amount assessed shall not be less than one million shillings, and where the libel is in respect of an offence punishable by ...
Subsection (2) of section 4 of the Limitation of Actions Act (Cap. 22) is hereby amended by the addition thereto of the following:Provided that an action for libel or slander may not be brought after the end of twelve months from such date.
Overview. Defamation is any false information that harms the reputation of a person, business, or organization.
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.
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There is no specific definition of civil defamation under Kenyan law. Defamation is considered libel if it is in writing.It is considered slander if it is spoken. Libel. See Gatley on Libel and Slander (8th edition para. 31). Defamatory Statements; Truth; Fault; Damages.
