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 Wake
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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.
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.
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.
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.
Defamation occurs when someone uses words against another to incite hatred, contempt, or ridicule, potentially injuring their reputation in their office, trade, or profession, or damaging their financial credit.
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”).
Overview. Defamation is any false information that harms the reputation of a person, business, or organization.
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required.
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There is no specific definition of civil defamation under Kenyan law. When defaming words are in writing this is known as libel; if the words are spoken, this type of defamation is called slander.Defamatory Statements; Truth; Fault; Damages. LEGAL DEFENSES AGAINST DEFAMATION CLAIMS IN CIVIL PROCEEDINGS. Introduction. What are the Defences available in a Libel claim? Truth. It is a complete defence to a claim to show that the statement is true.
