In a November 2024 high court judgment, the court considered a defamation case involving an allegedly defamatory statements published on the respondents’ website concerning a health drink product, Jigsimur.
The applicants needed to establish a clear link between the defamatory statements and themselves. The court found that the Applicants failed to provide sufficient evidence to prove that the statements on the respondents’ website referred to them and dismissed the application.
The applicants claimed that the respondents had published false and defamatory statements on their website alleging that the applicants’ Jigsimur product was counterfeit. The statements included claims that counterfeit versions of Jigsimur were being distributed by unauthorised sellers and that these products posed potential health risks. The applicants argued that these statements were not only false but also damaging to their reputation and business.
The court was tasked with determining whether the statements published on the website were false and defamatory, whether they referred to the applicants; whether the publication of the statements was wrongful and intentional; and whether the Applicants were entitled to a declaratory order and a final interdict prohibiting the respondents from making further defamatory statements.
The screenshots provided by the applicants were blurred and did not explicitly mention the Applicants by name or contain their images. While the applicants claimed the statements were false and defamatory, they did not provide adequate evidence to support these claims. The Applicants’ assertions were deemed to be bald averments that did not meet the required standard of proof. Given the failure to establish a link between the statements and the applicants, the court did not delve deeply into the issues of wrongfulness and intentionality.
The court concluded that the Applicants were not entitled to the declaratory order or the final interdict they sought to prohibit publication of the statements.
The case underscores the importance of establishing a clear link between defamatory statements and the claimant. Without this link, a defamation claim will not succeed. The quality of evidence presented in defamation cases is crucial. Blurred screenshots and uncorroborated assertions are insufficient to meet the standard of proof required by the court.