What Is Defamation of Character In South Africa?
Defamation is defined as the “action of damaging the good reputation of someone.”115 In terms of modern human rights law,
defamation can be understood as the protection against “unlawful attacks” on a person’s “honor and reputation” contained in human rights instruments.
What proof do you need for defamation of character?
Injury: To have a libel or slander lawsuit, you must prove that the statement caused injury. “Injury” can mean a damaged reputation,
lost work, emotional distress, and other potential damages. Falsity: You must prove that the statement against you was false to sue for defamation.
How do you prove defamation of character in South Africa?
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.
Can you sue someone for defamation of character in South Africa?
The law protects your reputation and provides that the unjustified publication – oral and written – of anything damaging to a reputation may allow the injured person to claim damages for defamation.
An Attorney can assist you in protecting your reputation at all times.
What is an example of a defamation case in South Africa?
South Africa’s landmark online defamation case occurred in 2013 (Heroldt v Wills), which saw Heroldt seeking an interdict against Wills for posting a defamatory Facebook message about him.
The gist of Wills’ post was that Heroldt was an unfit parent due to his alleged substance abuse.