, LCR4805
ASSIGNMENT 1 SEMESTER 1 2026
UNIQUE CODE: 241478
DUE DATE: 2026
Question 1
(a) Meaning of Publication in a Defamation Claim
In South African law, defamation is defined as the wrongful and intentional publication of a
defamatory statement concerning another person.1 Publication, in this context, does not
merely mean the act of writing or uploading content; it refers to the communication of the
defamatory matter to at least one person other than the plaintiff.2 Thus, Mr Rodgers must
prove that the statement alleging he paid someone to start the fire was made known to a
third party who understood its meaning.
The requirement of publication is satisfied once the defamatory material is brought to the
attention of any person other than the plaintiff, and that person comprehends its defamatory
import.3 In Le Roux v Dey4, the Constitutional Court confirmed that publication occurs when
a defamatory image or statement is communicated to at least one person other than the
subject thereof. In the present scenario, the blog article was posted online and went viral.
The fact that it appeared in Google search results further demonstrates that it was
accessible to, and in fact viewed by, members of the public. Once even a single reader
accessed and understood the allegation, publication occurred.
South African courts have also recognised that internet publications constitute publication
for purposes of defamation law. In Isparta v Richter5, the court held that defamatory
Facebook postings satisfied the publication requirement once they were accessible to other
1
J Neethling, JM Potgieter & PJ Visser Law of Delict (7ed) 2015 344.
2
Ibid 347.
3
Ibid.
4
Le Roux v Dey 2011 (3) SA 274 (CC).
5
Isparta v Richter 2013 (6) SA 529 (GNP).
ASSIGNMENT 1 SEMESTER 1 2026
UNIQUE CODE: 241478
DUE DATE: 2026
Question 1
(a) Meaning of Publication in a Defamation Claim
In South African law, defamation is defined as the wrongful and intentional publication of a
defamatory statement concerning another person.1 Publication, in this context, does not
merely mean the act of writing or uploading content; it refers to the communication of the
defamatory matter to at least one person other than the plaintiff.2 Thus, Mr Rodgers must
prove that the statement alleging he paid someone to start the fire was made known to a
third party who understood its meaning.
The requirement of publication is satisfied once the defamatory material is brought to the
attention of any person other than the plaintiff, and that person comprehends its defamatory
import.3 In Le Roux v Dey4, the Constitutional Court confirmed that publication occurs when
a defamatory image or statement is communicated to at least one person other than the
subject thereof. In the present scenario, the blog article was posted online and went viral.
The fact that it appeared in Google search results further demonstrates that it was
accessible to, and in fact viewed by, members of the public. Once even a single reader
accessed and understood the allegation, publication occurred.
South African courts have also recognised that internet publications constitute publication
for purposes of defamation law. In Isparta v Richter5, the court held that defamatory
Facebook postings satisfied the publication requirement once they were accessible to other
1
J Neethling, JM Potgieter & PJ Visser Law of Delict (7ed) 2015 344.
2
Ibid 347.
3
Ibid.
4
Le Roux v Dey 2011 (3) SA 274 (CC).
5
Isparta v Richter 2013 (6) SA 529 (GNP).
