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The exception raised by Khumalo and his associates (the appellants in the Constitutional Court) concerned the constitutionality of the existing common law on defamation. In particular, at South Africa common law, as in English law, the elements of the delict of defamation do not include the falsity of the defamatory statement. Once the ...
In BDS South Africa v Continental Outdoor Media (Pty) Ltd, [5] the court drew a distinction between the positive duty of organs of state to respect, protect, promote and fulfil the right to freedom of expression, and the negative obligation resting on private entities not to interfere with or diminish the enjoyment of that right.
This means that even if the statement would be considered defamatory per se if false, if the defendant establishes that it is in fact true, an action for defamation per se cannot survive. [55] The conception of what type of allegation may support an action for defamation per se can evolve with public policy.
Thomas v BMW South Africa (Pty) Ltd 1996 2 SA 106 (C). Thoroughbred Breeders’ Association of South Africa v Price Waterhouse 2001 4 SA 551 (SCA). Transnet Ltd v Sechaba Photocon (Pty) Ltd 2005 1 SA 299 (SCA). Trustees, Two Oceans Aquarium Trust v Kantey & Templer (Pty) Ltd 2006 3 SA 138 (SCA). Truter v Deysel 2006 4 SA 168 (SCA).
A false accusation is a claim or allegation of wrongdoing that is untrue and/or otherwise unsupported by facts. [1] False accusations are also known as groundless accusations , unfounded accusations , false allegations , false claims or unsubstantiated allegations .
The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...
The Declaration of Table Mountain is a statement on press freedom in Africa.The statement was issued by the World Association of Newspapers and News Publishers (WAN-IFRA) and World Editors Forum (WEF) at the 60th meeting of the World Newspaper Conference and 14th World Editors Forum Conference in Cape Town, South Africa, 3–6 June 2007.
Le Roux and Others v Dey is a 2011 decision of the Constitutional Court of South Africa in the South African law of delict. It was the court's first decision on alleged defamation by a minor . A majority of the court upheld the award of monetary damages to a high school vice-principal who had been defamed by three of his pupils through the ...