Defamation Defences E.G. Truth – Public Interest – Privilege – Jest

Even when statement may on first blush ('prima facie') appear to be defamatory and may in fact be so (in which case it will be deemed to be wrongful and with intention to injure - Media 24 v Khumalo), there are [...]

Defamation Defences E.G. Truth – Public Interest – Privilege – Jest2019-07-30T15:50:10+02:00


ADV. LOUIS NEL By now we know that the main culprit (usually!) is the party how pronounces the dreaded words verbally, in writing or by gesture, etc. We also know that the party using social media who 'repeats'/shares it [...]

CONSEQUENCES & DAMAGES2019-05-30T09:13:20+02:00

Social Media Consequences: Damages

ADV. LOUIS NEL DAMAGES Social media use has led to numerous lawsuits both in South Africa and abroad. In the UK, Chris Cairns, a New Zealand cricketer, won a lawsuit against Lalit Modi, the former chairman of the Indian [...]

Social Media Consequences: Damages2019-04-30T08:42:15+02:00

Negligence, Duty Of Care & Breach Thereof

ADV. LOUIS NEL What is this so-called, mystical  'Duty of Care'? It is inherent in the definition of negligence but the 'duty' element merits a more detailed discussion.   So how does liability arise?  Liability can be linked to [...]

Negligence, Duty Of Care & Breach Thereof2019-03-28T12:51:40+02:00

Material (‘Matter’) Must Be Defamatory

ADV. LOUIS NEL So far I’ve dealt with the following requirements in order to prove defamation: (1) reference to the plaintiff; (2) publication; (3) intention & wrongfulness. The next requirement is that the statement/publication must be defamatory i.e. it [...]

Material (‘Matter’) Must Be Defamatory2019-02-28T11:50:25+02:00