Define the term “defamation” and indicate the forms which defamation can take.

      

Define the term “defamation” and indicate the forms which defamation can take.

  

Answers


Maurice
Defamation constitutes publication of false statement about a person which ends up lowering the
person’s reputation in the estimation of right-thinking members of society, without justification.
.

It has also been defined as a statement calculated to injure the reputation of another person
by exposing him to hatred, contempt or ridicule.
This tort protects a persons reputation from unlawful interference. Every person has a
reputation.

Defamation is either; libel or slander.
(i) Libel is a defamatory representation in some permanent form for
example publication in a newspaper, pictorial illustration, sign. Libel is actionable per
se that is, the plaintiff needs not prove loss or damage. It is both crime and a tort.

(ii) Slander is this defamation by spoken word or gestures. It is trancient or
temporal in character. It is a mere tort. It is generally not actionable per se. Loss or
damage must be proved. However, slander is actionable per se in the following
circumstances:
(a) Imputation of crime; plaintiff has committed a criminal offence.

(b) Imputation of disease. To impute that one is suffering from an infectious
disease.

(c) Imputation of unchastity. To impute that a woman is unchaste or has
committed adultery.

(d) Imputation of unfitness or incompetence
maurice.mutuku answered the question on April 26, 2018 at 07:45


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