DEFAMATION
1. Defamation is a publication of a statement that attempt or tends to injure or damage someone's
character or reputation.
2. Defamation means attacking another’s reputation by a false publication that tends to bring the person
into disrepute.
3. Defamation is where something is written and published about someone and that which is published
about someone is false and reduces or injures the reputation of another person in the eyes of a right
thinking member of society.
4. Defamation is the oral or written communication of a false statement about another that unjustly harms
their reputation and usually constitutes a tort or crime.
To constitute defamation, a claim must generally be false and must have been made to someone other
than the person defamed. That is to say, the statement that Mr.A published about Mr.B must not be true
and it must have been seen or read by someone(that is Mr.C who is the third party) other than the person
(Mr.B) defamed.
ELEMENTS OF DEFAMATION
Elements of defamation are the things you should look for in order to ascertain whether a claim is
defamatory or not. There are five key elements of defamation as far as media law is concerned. Below are
these five elements...
1. Publication
2. Falsity
3. Third part (right thinking member of society)
4. The statement must injure or damage...
5. Words used must be capable of a defamation meaning.
EXAMPLES OF DEFAMATION
(SCENARIO 1)
John has just written or spoken something about Martha, but what he has written about her is false and
appears to bring down the reputation of her and that which he has written/spoken has been read, seen or
heard by Abigail.
If Abigail is dimmed to be a right thinking member of society then it is a defamation. But if Abigail is
somebody who cannot read and understand what John has written or she is not in the right state of mind
or she is not a right thinking member of society; notwithstanding that what has been written about Martha
is very bad, the fact that the person to whom that article is published can perhaps read but cannot
understand or cannot even read and understand the content of that article then defamation does not occur.
In order words, for someone to go to court and claim that he has been defamed because his reputation has
been damaged and because the publication is false, the person to whom that publication is published or
the person who came across that publication must be a person of sound mind and memory. He must be a
person who is able to appreciate or understand the content of that article.
(SCENARIO 2)
John has written very bad things about Martha and kept it in a drawer without publishing it. Abigail who
is considered to be a right thinking member of society was searching for something and she came across
and read the article John has written about Martha. In this scenario, Martha cannot go to court and claim
that John has defamed him because he merely wrote it but he did not publish it. So, Abigail coming across
that article does not mean publication has taken place.
NOTE : By merely writing something does not mean publication has occurred.
(SCENARIO 3)
John wrote bad things about Martha, walked up to her directly and gave her the article or said the bad
things directly to her face.
There is no publication where another person who is deemed to be a right thinking member of society has
not heard, read, seen or come in contact with that which was shared.
So in the above scenario, publication has not taken place at all.
(SCENARIO 4)
John writes something bad about Martha and then a third party who is insane reads that article and smiles.
It does not mean because of that smiling reaction that person understands the content. So in this scenario,
publication has not taken place because the one that read the article didn't understand the content. That is
to say, the one reading that article must understand and appreciate the content of what he read.
OR
John writes something bad about Martha and then a five year old child reads it.
Though this child can read but he can barely understand the content of what he has read. So in this
scenario, publication has not occurred.
POINTERS
1. For a statement to be a defamation, it must be false.
2. If something written about another is not false then defamation has not occurred.
3. If someone want to rely on truth as a defense then that article must be true in substance and fact.
Example - If someone stole a goat, you should not say the person stole a dog.
4. The material fact of that publication must be correct or true on all force; that is in fact and substance.
5. What is key here is that the truth that you rely on must always be in public interest.
6. Defamatory statements must not only be false; they must appear or attempt to injure someone's
character. In sum, for defamation to occur, there must be a publication; the publication has to be about
another person; the publication must be false, and it must appear to reduce, damage or injure the
reputation of another person in the eyes of right thinking members of society.
PUBLICATION
Publication means that the third party (right thinking member of society) heard or saw the statement that
is someone other than the one or person who made the statement or the person the statement was about.
Defamatory statements can be made public through social media means such as; Facebook, television,
radio, speech, gossip or even loud conversation. In written form it could be magazines, newspaper, books,
letters, etc. Publication of the false and derogatory statement about another person without lawful
justification amount to defamatiin. A defamatory statement is one that exposes people to hatred,
ridicule/content or which causes them to be stunned or avoided or which has a tendency to injure them in
their office profession or trade. It may constitute Libel or Slander, it must be construed in its natural and
ordinary meaning by the person to whom it was published. No action can be brought for Libel or Slander
unless there is publication i.e, communication by the accused or defendant of the defamatory statement to
some person order than the plaintiff.