L
, CR4805 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 -
DUE March 2026
LCR4805 – Assignment 1
Defamation, Publication and Internet Service Provider Liability
Introduction
Defamation in South African law forms part of the law of delict and protects a person’s right to
dignity and reputation, as entrenched in section 10 of the Constitution of the Republic of South
Africa, 1996. In the present scenario, a blog hosted by NetHost Ltd publishes allegations that Mr
Rodgers paid someone to start a fire in a Pretoria East shopping mall. The article goes viral and
appears in Google search results, causing reputational harm and financial loss.
This essay discusses:
(a) the meaning of publication in defamation law and when publication occurs;
(b) whether publication would differ if the article were written in a secret language; and
(c) whether NetHost Ltd may be compelled to reveal the identity of the anonymous author.
(a) Meaning of Publication in Defamation Law
Definition of Publication
In South African law, publication is one of the essential elements of a defamation claim. To
succeed, the plaintiff must prove:
1. Publication
2. Of a defamatory statement
3. Concerning the plaintiff
The classic authority on publication is J R Burchell, who explains that publication occurs when
the defamatory matter is made known to at least one person other than the plaintiff. The
Appellate Division confirmed this principle in National Media Ltd v Bogoshi, where the court
held that publication takes place once defamatory material is communicated to a third party.
Thus, publication does not require mass distribution. Communication to even one third party
suffices.
When Does Publication Occur on the Internet?
, CR4805 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 -
DUE March 2026
LCR4805 – Assignment 1
Defamation, Publication and Internet Service Provider Liability
Introduction
Defamation in South African law forms part of the law of delict and protects a person’s right to
dignity and reputation, as entrenched in section 10 of the Constitution of the Republic of South
Africa, 1996. In the present scenario, a blog hosted by NetHost Ltd publishes allegations that Mr
Rodgers paid someone to start a fire in a Pretoria East shopping mall. The article goes viral and
appears in Google search results, causing reputational harm and financial loss.
This essay discusses:
(a) the meaning of publication in defamation law and when publication occurs;
(b) whether publication would differ if the article were written in a secret language; and
(c) whether NetHost Ltd may be compelled to reveal the identity of the anonymous author.
(a) Meaning of Publication in Defamation Law
Definition of Publication
In South African law, publication is one of the essential elements of a defamation claim. To
succeed, the plaintiff must prove:
1. Publication
2. Of a defamatory statement
3. Concerning the plaintiff
The classic authority on publication is J R Burchell, who explains that publication occurs when
the defamatory matter is made known to at least one person other than the plaintiff. The
Appellate Division confirmed this principle in National Media Ltd v Bogoshi, where the court
held that publication takes place once defamatory material is communicated to a third party.
Thus, publication does not require mass distribution. Communication to even one third party
suffices.
When Does Publication Occur on the Internet?
