, LCR4805 Assignment 1 Semester 1 2026 - DUE 2026
Footnotes and bibliography included
QUESTION 1
(a) Meaning of Publication in a Defamation Claim (5 marks)
In order to succeed in a defamation claim under South African law, Mr Rodgers
must prove:
(1) publication,
(2) of a defamatory statement,
(3) concerning him.¹
The focus here is on the first requirement: publication.
Meaning of Publication
In defamation law, “publication” does not mean printing or publishing in the
commercial sense. Rather, it refers to the communication of a defamatory
statement to at least one person other than the plaintiff.² Publication occurs
when the defamatory material is made known to a third party who understands
its meaning.
The Appellate Division in Neethling v Du Preez confirmed that publication is
established when defamatory material is communicated to a third person.³ Thus,
it is not necessary that many people see the statement; communication to a
single third party is sufficient.
Publication in the Online Context
In this scenario, the blog article was posted on a website hosted by NetHost Ltd
and became accessible via Google search results. Publication would occur when:
• The article is uploaded and becomes accessible online; and
• A third party accesses and reads (or otherwise perceives) the defamatory
content.
Footnotes and bibliography included
QUESTION 1
(a) Meaning of Publication in a Defamation Claim (5 marks)
In order to succeed in a defamation claim under South African law, Mr Rodgers
must prove:
(1) publication,
(2) of a defamatory statement,
(3) concerning him.¹
The focus here is on the first requirement: publication.
Meaning of Publication
In defamation law, “publication” does not mean printing or publishing in the
commercial sense. Rather, it refers to the communication of a defamatory
statement to at least one person other than the plaintiff.² Publication occurs
when the defamatory material is made known to a third party who understands
its meaning.
The Appellate Division in Neethling v Du Preez confirmed that publication is
established when defamatory material is communicated to a third person.³ Thus,
it is not necessary that many people see the statement; communication to a
single third party is sufficient.
Publication in the Online Context
In this scenario, the blog article was posted on a website hosted by NetHost Ltd
and became accessible via Google search results. Publication would occur when:
• The article is uploaded and becomes accessible online; and
• A third party accesses and reads (or otherwise perceives) the defamatory
content.
