Tag archives: Defamation

The elements of defamation

The Johannesburg High Court discussed the balance between the constitutional right of freedom of expression and the required respect for inherent dignity ‘to all human beings’. The defendant argued the allegedly defamatory statements made about the plaintiff were true and in the public interest. It is for the defendant in a defamation claim to establish … Continue reading

The elements of defamation

The Johannesburg High Court discussed the balance between the constitutional right to freedom of expression and the required respect for inherent dignity ‘to all human beings’. The defendant in Mostert v Nash argued the allegedly defamatory statements made about the plaintiff were true and in the public interest. It is for the defendant in a … Continue reading

Interdicting future publication of defamation

If an interdict is sought preventing the future publication of alleged defamatory matter, the facts upon which the allegation is based must be clear and it must be clear that the defendant has no defence. If the defendant sets up evidence of a defence such as truth and public interest or fair comment, the interdict … Continue reading

Wilful act and business activity exclusions applied to defamation claim

The wife in a couple who were both dentists posted a phony social media review about a competing dentist accusing him of being unprofessional and providing terrible care. When they were sued for defamation they tried to claim an indemnity under their personal homeowners’ insurance policy. The court refused to grant them the indemnity because … Continue reading

Defamation in the Twitterverse

Social media is not immune to defamation laws. More and more, courts locally and around the world have come to the aid of those who are the subject of defamatory statements made on Twitter and Facebook. The danger of social media is that it’s so easy to tweet before you think. To avoid getting caught … Continue reading
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