Constitutional Right to Good Name The Constitution provides that the State will guarantee in its laws to respect and, in as far as practicable by its laws to defend and vindicate, the personal rights of the citizen. The personal rights of the citizen include his right to his good name. The law of defamation is the means through which the […]
Republication A whole chain of people may publish and republish a defamatory remark. This may include a person who makes and repeat the remark, publishers and printers. Traditionally, it may also include wholesalers, shopkeepers and suppliers. The internet and information technology increased exponentially, the possibilities for republication. The common law recognised that certain people who technically publish a defamatory statement, […]
Qualified Privilege Where qualified privilege applies, a statement which is honestly made in good faith enjoys a defence to an action for defamation. The protection is lost if the statement is made in bad faith or maliciously. In broad terms, this refers to a misuse of the privilege. Qualified privilege may apply in many diverse circumstances. The common thread is […]
Defence of Truth I It is a defence to an action for defamation to show that the alleged defamatory statement is substantially true. This defence reflects the principle that a person should not be compensated for damage done by a statement which is, in fact, true and accurate. In effect, the statement is protected as an exercise of freedom of […]
Damages for Defamation The primary remedy in a defamation action is damages. The purpose of damage is to vindicate the plaintiff’s good name and reputation. Damages may be awarded as a single sum or may be broken down into various heads of loss. Punitive or exemplary damages may be awarded where the defamation attracts the court’s strong disapproval. Juries sit […]
Defamation Remedies. The normal remedy for defamation is damages. In some cases, however, damages may not be an adequate remedy, and an injunction may be granted. An injunction may issue to prohibit an anticipated publication, in very exceptional circumstances. At the termination of a defamation trial, a perpetual injunction may be granted to restrain repetition of the defamatory statement. In […]