LU4 Defamation

The damage of an unimpaired reputation and the loss of dignity

Mass Media

The unlawful Publication of defamatory material which causes the reputation to be impaired

Mass media

Remedies for Defamation

Defamatory Material

Delict

  1. Unlawfulness
  1. Fault [intention or Negligence]
  1. Act, Conduct, Ommision
  1. Harm or damage to person of property
  1. Causal connection
  1. Damages
  1. Interdict
  1. Apology

Requirements for Media Defamation

Act/Conduct - Publication of

How the ordinary, reasonable reader, listener or viewer would read and comprehend the material?

  1. Factual Violation of the rights to reputation that was wrongful and intentional

By a 3rd person

Was heard and understood by a number of people

Words

Spouses are not regarded

Lawyer/Client Relationship excluded

Presumption of publication

Repitition

Wrongfulness

Once it is found that all laws of delict where infringed it is Defamation

click to edit

  1. Hatred and ridicule
  1. Shunning or avoiding eg. derogotory remarks
  1. Imputations against a persons moral character

4.Professional and business reputation

click to edit

click to edit

click to edit

click to edit

click to edit