Defamation of Character in South Africa

Is defamation illegal in South Africa?

Whilst South Africans possess the constitutionally protected right to freedom of expression, it is important to remember that this right is limited. When one exceeds the limitations imposed, it can lead to the defamation of another person’s good name and/or reputation.

Is defamation a criminal offence?

The Supreme Court has upheld the constitutionality of the criminal offence of defamation under Sections 499 and 500 of the Indian Penal Code.

What are the requirements for defamation in South Africa?

These requirements are:

• publication of a statement (verbal and/or written);
• the defamer must intend to defame a person;
• there must be harm or injury; and.
• the publication must violate a person’s right to his/her good name, reputation and dignity.

What is criminal defamation in South Africa?

A statement will be regarded as defamatory if, “in the opinion of the reasonable person, the words have the tendency to undermine, subvert, or impair a person’s good name, reputation, or esteem in the community.” (South African Associated Newspapers Ltd and Another v Yutar 1969 (2) SA 442 (A)).

How much do you get for defamation of character South Africa?

Before, courts seldom awarded more than R50 000 to R250 000 for defamation. Now, R500 000 has become the buzz-amount in defamation cases.