STUDY UNIT 10

Question 1

THE LAW OF DEFAMATION:

Answer 1

The law of defamation requires a balance to be struck between the claimant’s right to reputation and the defendant’s freedom of expression.

Question 2

PUBLICATION IN ORDER TO CONSTITUTE AN INIURIA:

Answer 2

Publication in order to constitute an iniuria, should be made without justification and accompanied with the necessary intent on the part of the defendant

Question 3

REQUIREMENT FOR LIABILITY:

Answer 3

1. Publication
2. Defamatory nature
3. Fault

Question 4

1. PUBLICATION:
   THE PLANTIFF:

Answer 4

the plaintiff must first allege and prove that publication or disclosure of defamatory words or behaviour took place.

Question 5

PUBLICATION TAKES PLACE:

Answer 5

Publication takes place if the defamatory words are made known to at least one another person other than the plaintiff.

Question 6

SINCE CONDUCT ALSO CONSIST OF OMISSION:

Answer 6

Since conduct also consists of omission, the website owner’s failure to remove defamatory material after being aware of it also constitutes conduct by the website owner.

Question 7

WHEN IT COMES TO:

Answer 7

When it comes to encrypted emails, publication cannot be presumed.

Question 8

GENERAL RULE:

Answer 8

the defendant will be considered responsible for the publication if it was foreseeable, or reasonably foreseeable by the defendant.

Question 9

THE RECIPIENT OF:

Answer 9

The recipient of defamatory information who then forwards in to other recipients is guilty of republication.

Question 10

2. DEFAMATORY NATURE:

Answer 10

the wrongfulness lies in the infringement of a person’s right to his good name.