LCR4805
Assignment 1 Semester 2 2025
Unique # 835374
Due Date: 12 August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
a)
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
In this case, Mary made a Facebook post accusing John of being a "thief and a
fraudster" and warned others not to trust him. The post was seen and commented on
by others, thus satisfying the requirement of publication, which occurs when
defamatory material is communicated to a third party.4 The post explicitly names
John, satisfying the requirement of reference.
The allegation also has a clearly defamatory meaning, as it would lower John’s
reputation in the eyes of the reasonable person.5 The question is not whether the
statement was false or offensive to John personally, but whether a reasonable
member of society would interpret the statement as injurious to his reputation.6
Given that John is a businessman whose success depends on public trust,
accusations of criminal conduct would severely tarnish his professional standing.
Once the plaintiff (John) proves publication and defamatory meaning, the law
presumes both wrongfulness and intention.7 Wrongfulness lies in the infringement of
the subjective right to reputation without legal justification.8 Intention, or animus
iniuriandi, is presumed unless the defendant proves lack of will or knowledge of
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.
4
Ibid., pp. 493–494.
5
Ibid., p. 495.
6
Ibid., pp. 495–496.
7
Ibid., p. 497.
8
Neethling, J., Potgieter, J.M. & Visser, P.J. Law of Delict. 8th ed. 2020. pp. 490–491.
Varsity Cube 2025 +27 81 278 3372
Assignment 1 Semester 2 2025
Unique # 835374
Due Date: 12 August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
a)
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
In this case, Mary made a Facebook post accusing John of being a "thief and a
fraudster" and warned others not to trust him. The post was seen and commented on
by others, thus satisfying the requirement of publication, which occurs when
defamatory material is communicated to a third party.4 The post explicitly names
John, satisfying the requirement of reference.
The allegation also has a clearly defamatory meaning, as it would lower John’s
reputation in the eyes of the reasonable person.5 The question is not whether the
statement was false or offensive to John personally, but whether a reasonable
member of society would interpret the statement as injurious to his reputation.6
Given that John is a businessman whose success depends on public trust,
accusations of criminal conduct would severely tarnish his professional standing.
Once the plaintiff (John) proves publication and defamatory meaning, the law
presumes both wrongfulness and intention.7 Wrongfulness lies in the infringement of
the subjective right to reputation without legal justification.8 Intention, or animus
iniuriandi, is presumed unless the defendant proves lack of will or knowledge of
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.
4
Ibid., pp. 493–494.
5
Ibid., p. 495.
6
Ibid., pp. 495–496.
7
Ibid., p. 497.
8
Neethling, J., Potgieter, J.M. & Visser, P.J. Law of Delict. 8th ed. 2020. pp. 490–491.
Varsity Cube 2025 +27 81 278 3372
