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 [...]

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 [...]

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 [...]

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 [...]

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 [...]