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
- Unlawfulness
- Fault [intention or Negligence]
- Act, Conduct, Ommision
- Harm or damage to person of property
- Causal connection
- Damages
- Interdict
- Apology
Requirements for Media Defamation
Act/Conduct - Publication of
How the ordinary, reasonable reader, listener or viewer would read and comprehend the material?
- 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
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- Hatred and ridicule
- Shunning or avoiding eg. derogotory remarks
- Imputations against a persons moral character
4.Professional and business reputation
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