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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