Defamation of character claims simplified
Defamation of character claims simplified
Along with the increasingly popular social media trends and disputes that accompany them, the need to understand defamation claims are also becoming essential. Social media is accessible to everyone, often resulting in defamatory statements being posted and spread like wildfires, leaving little to no time for legal intervention before significant harm to the reputation of individuals can arise.
As Legal Professionals, it is our duty to advise our clients on potential defamation risks to empower them to consider the fine line between their right to freedom of expression, and the right to dignity. Along with the Constitution, we consider both the Cybercrimes Act and the Protection of Personal Information Act as a legal framework when dealing with Defamation claims.
The Constitution defines defamation as “the unlawful publication of a false statement that harms another person’s reputation.”
The Cybercrimes Act demonstrates how specific harmful online communications can be criminalised, while the Protection of Personal Information Act indicates see how personal data may be shared, and how privacy concerns and defamation may overlap.
Elements to be established by the person bringing the defamation application include:
- Publication – A statement is published if it is either written, or verbally expressed, if the statement has been relayed to at least one third party.
- Falsity – The published statement must be false and must have been published with the intention to defame. It is important to note that being offended by a statement does not automatically mean it is false.
- Harm to reputation
In the eyes of any reasonable person, the applicant’s reputation must have been impaired.
Application on a set of facts:
Imagine a woman publicly posting a Facebook status accusing her ex-husband of being an abusive father. The father then sued her for defamation and argued that these allegations were harmful to his reputation, not to mention false. Since the woman could not produce any evidence of him being an abusive father, the court decided that her comments were in fact, defamatory.
This case demonstrates how the above-mentioned elements apply to defamation matters, and the importance of being able to substantiate your allegations with proof.
If you find yourself being accused of defamation of character, you might find some hope in the available defenses.
To challenge such accusations, your defense may include:
- Truth and public interest:
If the statement in question is both true and in the public’s interest, the statement is not defamatory. This principle is discussed in the case of Ndlozi v Media 24 t/a Daily Sun and Others (21/25599) [2023] ZAGPJHC 1040; 2024 (1) SA 215 (GJ); [2024] 1 All SA 392 (GJ) (19 September 2023).
- Fair comment:
Opinions that are based on true facts are not defamatory. This concept was emphasised by the court in the matter of Manuel v Economic Freedom Fighters and Others (13349/2019) [2019] ZAGPJHC 157; [2019] 3 All SA 584 (GJ); 2019 (5) SA 210 (GJ) (30 May 2019)
- Privilege:
The law offers protection for certain statements, such as court testaments or parliamentary debates. This means that statements made herein will not be seen as defamatory, as demonstrates in the case of May v Udwin (2005) ZAWCHC)
- Defense of Reasonable publication:
With the use of reasonable care, statements made in the public interest can be defended by the publishers thereof. This is specifically aimed towards media cases, such as National Media LTD v Bogoshi (1998) ZASCA 94.
Defamation of character matters have the potential to have significant effects on an individual’s life and can be easily avoided by respecting the dignity and value of everyone.
Article written by candidate legal practitioner LARA GREYLING at DTL Law Inc Bloemfontein. (2025)
Copyright DTL LAW INC 2025
For any legal advice regarding defamation contact DTL LAW INC by sending an email to lawyerbfn@dtllaw.co.za or T: 051 433 1415 (Bloemfontein office)