Defamation Of Character Law

We are specialist defamation lawyers situated in Woodmead, Sandton Johannesburg.

We assist with all aspects of defamation law including:

• Advising clients on whether defamation has occurred
• Formulating claims
• Launching defamation suits
• Defending defamation suits

Definition Of Defamation Law

Defamation is “the intentional and wrongful publication and communication of words or behavior to a third party which has the effect objectively viewed of injuring a person or entity’s reputation”.

Elements Of Offence

• Intention
• Wrongfulness (lack of justification)
• Publication (to a third party and can be either verbal or written)
• Causation (causes)
• Damage

The Right To A Good Name

A person’s or legal entity’s reputation is something that is nurtured and which generally evolves over a long period of time as a result of extreme hard work, dedication and commitment but which can be destroyed or badly damaged in an instant. Loss of reputation can ruin lives.

How Do Damages Work In This Instance?

The claim for damages is aimed at least in part at providing the victim of defamation with some degree of monetary compensation for the damages sustained as a result of the defamation of their character or of the corporate entity’s name and reputation.
Damages are awarded in one lump (monetary) sum; the court cannot order periodic payments to be made. Furthermore, only one award can arise out of a single cause of action. It is therefore important to quantify your damages fully when formulating your claim.

Duty To Mitigate

You cannot claim damages for loss you could have avoided had you taken the steps a ‘reasonable man’ would have taken to mitigate (reduce) damages. For example if you could have stopped someone from defaming you or your company then you cannot claim for loss which you could have prevented. We will help you assess your particular situation and advise as to whether or not you have a valid claim for damages.

Mediums Of Defamation

All forms of public media can serve as a means of publication and broadcasting of defamatory statements and content, namely:

• Television
• Radio
• Print media such as newspapers, flyers and magazines
• The Internet/World Wide Web

The Internet

The Internet in this day and age is now becoming the most common forum for defamation as it is easily accessible and anyone can publish content on the Web, especially on social networking websites. The relative ease with which defamatory postings can take place is disproportionate to the ongoing and extensive damage to reputation it causes. We specialize in securing permanent removal of unlawful postings and in obtaining compensation for our clients from the person or entity. responsible.

Defences To An Action For Defamation

• Privilege
• Truth and public interest
• Fair comment
• Private defense
• Provocation
• Consent

We specialise in Defamation law, so if you need help with any of the issues above please contact us.