[TYPE THE COMPANY NAME]
LCR4805 Assignment
1 Semester 2| Due 12
August 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
, Exam (elaborations)
LCR4805 Assignment 1 Semester 2 Memo |
Due 12 August 2025
Course
Selected Private and Criminal Law Principles of th (LCR4805)
Institution
University Of South Africa (Unisa)
Book
Information and Communications Technology Law
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) b) If Mary
is liable to a claim of defamation, discuss if there are any defences available
on which Mary may rely on. (5)
Defamation Liability and Defences: The Case of John and Mary
Introduction
Defamation law in South Africa seeks to protect an individual’s dignity and reputation while
balancing this with the constitutional right to freedom of expression under Section 16 of the
Constitution of the Republic of South Africa, 1996. In this scenario, Mary posts a defamatory
statement on Facebook, accusing her estranged husband, John, of being a “thief and a fraudster,”
leading to reputational and financial harm to his business. This essay critically examines whether
Mary is liable for defamation and whether any legal defences are available to her.
a) Liability of Mary to a Claim of Defamation
Defamation is the wrongful, intentional publication of a defamatory statement referring to
another person (Neethling, Potgieter, & Visser, 2020). For John to succeed in a defamation
claim, the following elements must be proven:
1. Publication
Publication occurs when the defamatory material is communicated to at least one third
party. In H v W 2013 (2) SA 530 (GSJ), the court held that defamatory Facebook posts
constitute publication as they reach third parties who can access and comment on the
LCR4805 Assignment
1 Semester 2| Due 12
August 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
, Exam (elaborations)
LCR4805 Assignment 1 Semester 2 Memo |
Due 12 August 2025
Course
Selected Private and Criminal Law Principles of th (LCR4805)
Institution
University Of South Africa (Unisa)
Book
Information and Communications Technology Law
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) b) If Mary
is liable to a claim of defamation, discuss if there are any defences available
on which Mary may rely on. (5)
Defamation Liability and Defences: The Case of John and Mary
Introduction
Defamation law in South Africa seeks to protect an individual’s dignity and reputation while
balancing this with the constitutional right to freedom of expression under Section 16 of the
Constitution of the Republic of South Africa, 1996. In this scenario, Mary posts a defamatory
statement on Facebook, accusing her estranged husband, John, of being a “thief and a fraudster,”
leading to reputational and financial harm to his business. This essay critically examines whether
Mary is liable for defamation and whether any legal defences are available to her.
a) Liability of Mary to a Claim of Defamation
Defamation is the wrongful, intentional publication of a defamatory statement referring to
another person (Neethling, Potgieter, & Visser, 2020). For John to succeed in a defamation
claim, the following elements must be proven:
1. Publication
Publication occurs when the defamatory material is communicated to at least one third
party. In H v W 2013 (2) SA 530 (GSJ), the court held that defamatory Facebook posts
constitute publication as they reach third parties who can access and comment on the
