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LCR4805 assignment 1 semester 2 2025

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LCR4805
assignmen
Assignment 1 Semester 2 2025
UNIQUE CODE: 835374
Detailed Solutions, References & Explanations




DUE DATE: 12 August 2025

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Question 1: Defamation and Liability in the Context of a Facebook Post

a) Mary’s Potential Liability for Defamation

Defamation is defined as the unlawful and intentional publication of defamatory
material referring to another person which has the effect of injuring their good name,
reputation, or status in the community.1 This personality right is protected under the
South African law of delict through the actio iniuriarum.2

To establish defamation, five requirements must be met: (1) publication, (2) reference to
the plaintiff, (3) a defamatory meaning, (4) wrongfulness, and (5) intention (animus
iniuriandi).3




1
Neethling, J., Potgieter, J.M. & Visser, P.J. Law of Delict. 8th ed. 2020. pp. 490–491
2
Ibid., p. 491.
3
Ibid., p. 492. Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.

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