A person’s good name is an asset to him/her. It affects his status in society. In the age of smartphones and social media, information is shared among people in different parts of the world within milli-seconds. Technological advancements have aided the defamation of character at an all-time high. Social media has become the breeding ground for online defamation where ill-informed people post harmful content that negatively affect another person’s good name within the blink of an eye. In this regard, it is important for individuals to understand what defamation of character is.
What is defamation?
Defamation of character (“defamation”) is the unlawful and intentional publication of content that is harmful to the good name (fama) of another person.
Publication of the statement made
For the publication requirement to be satisfied, the defamatory statement made must come to the attention of another person other than the complainant. Defamation therefore does not arise if the defamatory statement comes to the attention of the complainant only. The statement made about the complainant must negatively affect the way others view the person whom the statement was made about. If the statement does not negatively affect the way others view the complainant, then defamation does not arise. Individuals that repeat or confirm the defamatory statement can be held liable for defamation of character even if the original statement was made by someone else.
Grounds of justification
There are several grounds on which an action for defamation can be defended. Such grounds include, but are not limited to, the truthfulness of the statement, media privilege, political privilege and fair comment. It is worth noting that defamatory statements made by one spouse to another spouse about the complainant do not amount to defamation of character.
Conclusion
As you have seen from the above, simply because the disparaging remarks are on social media and shared between friends only does not necessarily mean that they are harmless. If you feel that someone has infringed on your right to a good name, kindly contact us for a consultation.
By Sharon Patsanza (Paralegal)
Kgobokoe & Company Inc.