What is Defamation?
When there is a publication of a statement that lowers the reputation of another person.

How many types of defamation and what are they?
Two

• Libel
• Slander

What is Libel?

• Defamatory statement in a permanent form.
• E.g. e-mail, articles, Facebook posts, WhatsApps messages.

What is Slander?

• Defamatory statement in a temporary form.
• E.g. spoken words.

Methods of interpreting the words in an allegedly defamatory statement?

• By their natural and ordinary meaning
• By innuendo

What is Innuendo?

• Ordinary words would have a special meaning to those with special background.

E.g. “Mr. A is enjoying his honeymoon with Mrs. X, who he married two weeks ago” may not appear to be defamatory in its ordinary meaning. However, if Mr. A is in fact married to someone other than Mrs. X, then the statement about Mr. A could be defamatory by way of innuendo to those who know the true story about Mr. A.

Elements of Defamation

1. The words are defamatory; and
2. The words refer to the plaintiff, and
3. That the words have been published.

What are the Defences for Defamation?

1. Justification
   1. • This defence can be raised if the defendant can prove that the published statement was actually true.
2. Unintentional Defamation
   1. • The Defendant unintentionally or innocently publishes defamatory material of another person.
      • E.g. A reporter writes what is alleged to be defamatory article in a magazine.
3. Fair Comment
   1. • The statement made is an honest expression of an opinion about a matter of public interest.

Factors that Taken into Account by Court in Assessing Damages

1. • The seriousness of the libel
   • The defendant’s behaviour from the time of the libel to the time judgment is given
   • Any malice on the part of the Defendant