of the case, I do not think the defend- ants were actuated by express malice; there was legal malice,of course, for which they, as the repeaters of the libel, were liable And, incidentally, a new conceptis to trouble the law of defamation: in place of animus injuriandi we are to...
In this case a South African court for the first time awarded damages to the plaintiff for defamatory comments made on Facebook. The questions that confronted the judge were whether the alleged defamatory statements did indeed relate to the plaintiff and whether the comments, individually or ...
2023, in New York. Four months after a jury found that Donald Trump sexually abused and defamed advice columnist E. Jean Carroll, a federal judge ruled Wednesday, Sept. 6, 2023, that still more of the ex-president's comments about her...
South African case law dealing with issues of moral diversity has not been noticed. The otherwise very comprehensive historical section includes mention of Cooper'sA Handbook of the Law of Defamation and Verbal Injury(1894; 2nd edn, 1906) but misses Borthwick'sA Treatise on the Law of Libel ...
1. This feature immediately raises several interesting conflicts of law questions for the libel lawyer, such as: a. In which jurisdiction did the publication of the defamation occur? Theoretically, every time a third party accesses a defamatory posting on the Internet, publication has occurred. ...
The South African Law Commission (henceforth the Law Commission) has dismissed a proposal to introduce the non-pecuniary defamation remedy of the statutory right of reply in defamation actions. According to the Law Commission, the right of reply remedy is anSibanda, Omphemetse S...
South African lawactio iniuriarumThis paper examines, from a historical and comparative perspective, the role of truth in the South African law of defamation. In order to understand to what extent the law of South Africa might represent a mixture of civilian and common-law thinking, it first ...
This note discusses the development of the remedy of apology in South African defamation law. In particular, it examines three cases where the issue has been discussed in the last year by South Africa's highest courts. In , the Constitutional Court granted the remedy of apology against a non...
doi:10.2139/SSRN.1963171Eric DescheemaekerJuta Law Publishing (Historical content up to Sept 2015)
In Prince 2 the drug laws themselves were not challenged directly but arbitrary government alwaysraises the question of fairness, one of our foundational constitutional values. Page 9. 708 THESOUTH AFRICAN LAW JOURNAL (see Neethling Persoonlikheidsreg op cit 179J NeethlingS African Lj...