, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
QUESTION 1
1. John and Mary are undergoing a divorce that John initiated due to his newfound romantic
interest, which has led him to no longer love Mary. John is a businessman who operates an
investment company. Meanwhile, Mary is still in love with John and feels anger towards him for
his departure. In a fit of spite, Mary posts on John's Facebook wall, accusing him of being a thief
and a fraudster, warning others not to trust him with their finances. This Facebook post receives
numerous negative comments, consequently harming John's business financially.
A) With reference to applicable law, critically discuss the liability of Mary to a claim of
defamation.
Liability of Mary to a Claim of Defamation
Mary is likely liable for defamation due to her actions of posting accusations on John's Facebook
wall. Defamation, under South African law, is defined as the wrongful, intentional publication of
words or behaviour concerning another person that has the effect of injuring their status, good name,
or reputation. The legal analysis of Mary's liability involves examining the key elements of
defamation: publication, defamatory nature (wrongfulness), reference to the plaintiff, and fault.
1. Publication
Definition: Publication occurs when defamatory words or behaviour are made known to at
least one person other than the plaintiff. 1
Application: Mary's act of posting on John's Facebook wall constitutes publication because a
Facebook wall is a public forum where content is visible to others. The scenario explicitly
states that the post "received numerous negative comments," confirming that the defamatory
remarks were made known to third parties. In the context of social media, the creator of a
Facebook profile (or in this case, the person posting on it) is held responsible for posts made on
the profile wall, similar to how a newspaper takes responsibility for its content. Additionally,
anyone who "likes" or "shares" a defamatory posting can also be held liable for defamation, as
they confirm and repeat the posting. This underscores the broad reach of publication on social
media.1
1: (LCR4805, 2019:p8)
QUESTION 1
1. John and Mary are undergoing a divorce that John initiated due to his newfound romantic
interest, which has led him to no longer love Mary. John is a businessman who operates an
investment company. Meanwhile, Mary is still in love with John and feels anger towards him for
his departure. In a fit of spite, Mary posts on John's Facebook wall, accusing him of being a thief
and a fraudster, warning others not to trust him with their finances. This Facebook post receives
numerous negative comments, consequently harming John's business financially.
A) With reference to applicable law, critically discuss the liability of Mary to a claim of
defamation.
Liability of Mary to a Claim of Defamation
Mary is likely liable for defamation due to her actions of posting accusations on John's Facebook
wall. Defamation, under South African law, is defined as the wrongful, intentional publication of
words or behaviour concerning another person that has the effect of injuring their status, good name,
or reputation. The legal analysis of Mary's liability involves examining the key elements of
defamation: publication, defamatory nature (wrongfulness), reference to the plaintiff, and fault.
1. Publication
Definition: Publication occurs when defamatory words or behaviour are made known to at
least one person other than the plaintiff. 1
Application: Mary's act of posting on John's Facebook wall constitutes publication because a
Facebook wall is a public forum where content is visible to others. The scenario explicitly
states that the post "received numerous negative comments," confirming that the defamatory
remarks were made known to third parties. In the context of social media, the creator of a
Facebook profile (or in this case, the person posting on it) is held responsible for posts made on
the profile wall, similar to how a newspaper takes responsibility for its content. Additionally,
anyone who "likes" or "shares" a defamatory posting can also be held liable for defamation, as
they confirm and repeat the posting. This underscores the broad reach of publication on social
media.1
1: (LCR4805, 2019:p8)
