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Question 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. (10)
ANSWER
a) Liability of Mary to a Claim of Defamation (10 Marks)
Under South African law, defamation is a wrongful and intentional
publication of a statement that injures another person’s reputation. The
right to reputation is protected under the common law and also falls
within the ambit of Section 10 of the Constitution, which guarantees
everyone the right to dignity. In this scenario, Mary may be held liable
for defamation based on the content and effect of her Facebook post.
1. Definition and Elements of Defamation