Attorneys online defamation and libel and slander in. Past awards of general damages in cases of defamation. Just ask jeremy clarkson, of the ex top gear fame, who assaulted his producer following an altercation about his food. In fact the number of online defamation cases in my own practice has risen sharply over the past 18 months or so. In this case discussion, a brief overview is given of the few cases already reported. Defamation being generally defined as the unlawful, intentional. The case against criminal defamation analysis comment author 23 sep 2015 the anc has dropped a welcome bombshell, saying the law has a chilling effect on free speech. Defamation is defined as the unlawful and intentional publication of matter concerning another which damages that person and his reputation and is a crime in namibia. This process is known as a takedown notice, and enables an offended party to report any unlawful content on any website or blog hosted by an ispa member, and where necessary. Recently the south gauteng high court granted an interdict, ordering someone to remove her defamatory comments about another person from the social media site. With bigmoney claims in rapidly heard defamation cases seemingly increasing, what does it mean. Be sure to read the post itself, though, there is a lot to unpack in this case. This article seeks to clarify the legal position regarding online. South african associated newspapers ltd and another v estate pelser 1975 4 sa 797 a at 810c.
Having looked at articles on the situation and case law in south africa, it seems to me that we can summarise our law as follows. This article seeks to clarify the legal position regarding online defamation by looking into the complexities of such claims as well as analysing recent legislation and court decisions. She also discussed the recent case of h v w gsj unreported case no 1014212, 30120 willis j. Manyi v dhlamini 36077 2018 zagpphc 563 18 july 2018. The law of defamation in south africa jonathan mark.
Johannesburg mantoa malema, the wife of economic freedom fighters eff leader julius malema, has filed a defamation suit against anc mp boy mamabolo. Defamation the south african way rosalind english 6 04 2011. What was unique about this case was that it was the first time at least in south africa where schoolchildren. Stresses in the workplace are not an unusual occurrence. Your guide to labour law in south africa labour guide. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. South africa s journalists weigh landmark libel ruling dangerous assignments i n a victory for press freedom in south africa, the supreme court of appeal ruled in september that journalists will no longer be forced to prove the truth of allegedly libelous information to escape liability in defamation actions. Johannesburg high court rules on facebook defamation web. Proving defamation of character in south africa, the onus of proof lays on the person claiming that defamation has taken place to prove same along the lines set out above. South african court rules that criminal defamation is in. Get your kindle here, or download a free kindle reading app. Defamation sometimes known as calumny, vilification, libel, slander or traducement is the oral or written communication of a false statement about another that unjustly harms their reputation and usually.
The law of defamation in south africa burchell, jonathan m on. In legal terms defamation refers to any statement that is made or published with the effect of damaging the. Cape town, south africa, december 5, 2014the committee to protect journalists welcomes the decision by the pretoria high court in south africa to uphold journalist cecil motsepes appeal against. On 31 may 1961 south africa was declared a republic.
South african court rules that criminal defamation is in line. In this lesson we will explore what that means and look at the legal cases that. But you can be sued for defamation if you disaparage. Moyanes empire strikes back, was published in the mail 8 guardian newspaper. University of south africa professor sanette nel spoke about online defamation and the right to freedom of speech and defamation in the context of social media. Apr 06, 2011 in south africa, as in england, the onus is on the defendant wishing to avoid liability for defamation by relying on justification has a full onus to plead and prove facts. Jul 14, 2016 your right of recourse for defamation of character by barry on july 14, 2016 in publications, civil litigation and alternative dispute resolution defamation of character claims can be tricky, as our courts always try to preserve freedom of expression as enshrined in section 16 of our constitution.
This is where south african defamation law stands how. Social media use has led to numerous law suits both in south africa and abroad. Click download or read online button to get foundations of the south african law of defamation book now. After a comparative analysis of the english and american systems, the problem will be discussed and suggestions made on how to deal with it from a south african perspective. Counsel are commended for responding so positively to my invitation that they. The south gauteng high court awarded a human resource manager r50 000 in damages, plus legal costs, after she was called a liar and an unintelligent white girl. Sabinet defamation on the internet and other computer networks. Defamation being generally defined as the unlawful, intentional, publication of defamatory matter by words or conduct referring to the plaintiff, which causes his reputation to be impaired in burchell and hunt the law of defamation in south africa at 35. The supreme court of appeal of south africa judgment not.
In a victory for press freedom in south africa, the supreme court of appeal ruled in september that journalists will no longer be forced to prove the truth of allegedly libelous. Jun 15, 2010 what constitutes as defamation of character. Defamation is defined as any unlawful, intentional false communication, either written or spoken, that harms a persons reputation. Where south african defamation law stands on naming and. Attorneys online defamation and libel and slander in south. In some cases, the plaintiff must prove special damages. Our expert attorney looks at recent south african cases where damages were awarded for insulting people and damaging their reputation on facebook. Nov 02, 2012 the law of south africa dictionary defines defamation as a statement that has the effect of injuring a plaintiffs reputation. Jan 14, 2016 having looked at articles on the situation and case law in south africa, it seems to me that we can summarise our law as follows. This article considers the legal ramifications of defamation on computer networks with specific focus on the internet. This site is like a library, use search box in the widget to get ebook.
South african libel law is very similar to our own. Just ask jeremy clarkson, of the ex top gear fame, who assaulted his. In south african law the wrong of defamation is committed whenever anyone publishes a defamatory statement about another living person. By johan botes, director employment law, cliffe dekker hofmeyr. The delict of defamation is the unlawful publication, animo iniuriandi, of a defamatory statement concerning the plaintiff. This guide to law online south africa contains a selection of south african legal, juridical, and governmental sources accessible through the internet. On or about 19 february 2016, an article titled sars wars. Get real time advice from attorneys lawyers on lawyersezyfind now. It discusses or refers to hundreds of cases from those jurisdictions, as well. I will, in future articles, endeavor to unpack a few of the defamation cases which came before the courts in south africa. Defamation news, research and analysis the conversation. In addition, south africa appears to lack a clear legislative framework that provides clear guidelines in dealing with online defamation cases. In this case a south african court for the first time awarded damages to. This was the case in hanniker one and only cape town where the applicant.
This is where south african defamation law stands how south. Pretoria, for an alleged defamation and claimed damages in the sum of r500 000. Your right of recourse for defamation of character by barry on july 14, 2016 in publications, civil litigation and alternative dispute resolution defamation of character claims can be tricky, as. The remedies available in defamation cases should be reformed to reflect the importance of. I will, in future articles, endeavor to unpack a few of the defamation cases which came. Where south african defamation law stands on naming and shaming april 22, 2016 6. Johannesburg high court rules on facebook defamation update. South africas journalists weigh landmark libel ruling. Foundations of the south african law of defamation. First published in 1998, this book is an exposition of the law of defamation as it applies in those countries excluding south africa. Foundations of the south african law of defamation download. Here are a few thoughts which are partly a summary and partly what i think is really interesting about this case.
Clarkson reported recently that the incident was caused at a time he was suffering enormous stress. But these comments related to a private person, so the judgment hinged on the fact that the publication of the defamatory claims were not in the public interest. Media 24 limited ta daily sun first appellant themba khumalo second appellant and bekker du plessis respondent. The law of defamation is designed to protect an individuals reputation, while still maintaining the right to free speech. Defamation on facebook and other social sites labour guide. Homann legal implications of defamatory statements 18. The delict of defamation is the unlawful publication, animo iniuriandi, of a defamatory statement concerning the. The supreme court of appeal of south africa judgment not reportable case no. Defamation being generally defined as the unlawful, intentional, publication of defamatory matter by words or conduct referring to the plaintiff, which causes his reputation to be impaired in burchell and. Defamation bachelors of law llb 98680 unisa studocu.
A detailed and systematic exposition of the law of defamation in south africa. Malemas wife files defamation suit against ancs mamabolo. Download landmark cases in defamation law is a diverse and engaging edited collection that brings together eminent scholars from the united kingdom, the united states, australia, canada and new zealand to analyse cases of enduring significance to defamation law. Apr 25, 2016 in south african law the wrong of defamation is committed whenever anyone publishes a defamatory statement about another living person. In fact the applicants did not rely upon any justification ground. Knupffer v the london express newspaper ltd 1944 1 all er 495 hl and it is whether the ordinary. In the uk, chris cairns, a new zealand cricketer, won a law suit against lalit modi, the former chairman of the indian premier. The south gauteng high court awarded a human resource manager r50. There are several ways to defend a defamation claim in south africa.
Judgment has been reserved in the cape high court in the r300 000 defamation claim of author ronald suresh roberts against south africas biggest newspaper, the. After a comparative analysis of the english and american systems, the problem will be. In south australia it is governed by the common law and the defamation act. The structure of south africas defamation law has changed substantially. Aug 08, 2017 the internet service providers association ispa offers a free and relatively easy way to remove defamatory content from websites and blogs, hosted in south africa. In 1960 the white government held a referendum to decide whether south africa would become a republic. A copy of the article is attached hereto marked annexure a 11.
Sabinet defamation on the internet and other computer. Law of defamation in commonwealth africa by jill cottrell. It discusses or refers to hundreds of cases from those jurisdictions, as well as many important precedents from. A durban clinical psychologist, who was sued for defamation by the stepfather of a sixyearold patient after she reported her suspicions that he had sexually abused the child, has been exonerated. Defamation of character is any written or spoken intentionally false communication that harms a persons character. The determination of quantum in respect of sentimental damages is inherently difficult and requires the exercise of discretion, more properly called a value. The first south african case involving defamation via social media was heroldt v wills 20 2 sa 530 gsj, where an interdict was sought against the defendant for a facebook post suggesting that the plaintiff was not a proper man for allegedly failing to care for his daughters because of the alcohol, the. Judgment has been reserved in the cape high court in the r300 000 defamation claim of author ronald suresh roberts against south africa s biggest newspaper, the sunday times.
Lawrence and others v mitha and another 179932016 2019 saflii. Given the formative influence of english defamation law in. What was unique about this case was that it was the first time at least in south africa where schoolchildren have been held liable for defaming their schoolteachers in a school setting. It must refer to or concern him personally see burchell the law of defamation in south africa at 128. Litigation involving social media is still very new in south africa and only a few reported cases can be found.
Defamation and crimin injuria south african pagan rights. The structure of south africa s defamation law has changed substantially. Your right of recourse for defamation of character. The said newspaper a is widely distributed in south africa and widely read by the general public. With bigmoney claims in rapidly heard defamation cases seemingly. Defamatory refers to any allegation that would tend to lower the plaintiffs in this case the 11 mens standing in the eyes of rightthinking people. He is a partner at a leading law firm in johannesburg, south africa, where he specialises in. This gave rights to the white minority but took away the right to vote of the majority of south africans. What you can and cant say in south africa freedom of expression. The first south african case involving defamation via social media was heroldt v wills 20 2 sa 530 gsj, where an interdict was sought against the. The governor of the south african reserve bank, lesetja kganyago.
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