'The Protected Disclosures Act 2000: limitation on the defamation law in South Africa'
| dc.contributor.advisor | Calland, Richard | |
| dc.contributor.author | Liwanga, Roger-Claude | |
| dc.date.accessioned | 2025-05-13T10:55:46Z | |
| dc.date.available | 2025-05-13T10:55:46Z | |
| dc.date.issued | 2008 | |
| dc.date.updated | 2025-05-13T10:46:29Z | |
| dc.description.abstract | Freedom of expression is constitutionally protected by the 1996 Constitution of South Africa. The constitution makes special provision to include freedom of the press and other media, freedom to receive or impart information or ideas, freedom of artistic creativity, academic freedom and freedom of scientific research. [FN11 However, the scope of freedom of expression does not cover the propaganda for war, incitement of imminent violence and advocacy of hatred based on race, ethnicity, gender or religion. [FN21 While freedom of expression constitutional protected, it is not the paramount value. It is limited as well by section 36 of Constitution, with the possibility of one being charged with defamation. Defamation is a public communication that tends to injure the reputation of another. [FN31 It includes both libel (written defamatory statement) and slander (oral ones). [FN41 Most jurisdictions, including South African, allow legal actions, civil and/or criminal against the defamatory statement. In the Court, therefore, in order to be found innocent, the defendant has to establish the "truth" of his/her statement. Failing to do so implies his/her liability and/or guilt. | |
| dc.identifier.apacitation | Liwanga, R. (2008). <i>'The Protected Disclosures Act 2000: limitation on the defamation law in South Africa'</i>. (). University of Cape Town ,Faculty of Law ,School For Advanced Legal Studies. Retrieved from http://hdl.handle.net/11427/41433 | en_ZA |
| dc.identifier.chicagocitation | Liwanga, Roger-Claude. <i>"'The Protected Disclosures Act 2000: limitation on the defamation law in South Africa'."</i> ., University of Cape Town ,Faculty of Law ,School For Advanced Legal Studies, 2008. http://hdl.handle.net/11427/41433 | en_ZA |
| dc.identifier.citation | Liwanga, R. 2008. 'The Protected Disclosures Act 2000: limitation on the defamation law in South Africa'. . University of Cape Town ,Faculty of Law ,School For Advanced Legal Studies. http://hdl.handle.net/11427/41433 | en_ZA |
| dc.identifier.ris | TY - Thesis / Dissertation AU - Liwanga, Roger-Claude AB - Freedom of expression is constitutionally protected by the 1996 Constitution of South Africa. The constitution makes special provision to include freedom of the press and other media, freedom to receive or impart information or ideas, freedom of artistic creativity, academic freedom and freedom of scientific research. [FN11 However, the scope of freedom of expression does not cover the propaganda for war, incitement of imminent violence and advocacy of hatred based on race, ethnicity, gender or religion. [FN21 While freedom of expression constitutional protected, it is not the paramount value. It is limited as well by section 36 of Constitution, with the possibility of one being charged with defamation. Defamation is a public communication that tends to injure the reputation of another. [FN31 It includes both libel (written defamatory statement) and slander (oral ones). [FN41 Most jurisdictions, including South African, allow legal actions, civil and/or criminal against the defamatory statement. In the Court, therefore, in order to be found innocent, the defendant has to establish the "truth" of his/her statement. Failing to do so implies his/her liability and/or guilt. DA - 2008 DB - OpenUCT DP - University of Cape Town KW - human rights law LK - https://open.uct.ac.za PB - University of Cape Town PY - 2008 T1 - 'The Protected Disclosures Act 2000: limitation on the defamation law in South Africa' TI - 'The Protected Disclosures Act 2000: limitation on the defamation law in South Africa' UR - http://hdl.handle.net/11427/41433 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/41433 | |
| dc.identifier.vancouvercitation | Liwanga R. 'The Protected Disclosures Act 2000: limitation on the defamation law in South Africa'. []. University of Cape Town ,Faculty of Law ,School For Advanced Legal Studies, 2008 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/41433 | en_ZA |
| dc.language.iso | en | |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | School For Advanced Legal Studies | |
| dc.publisher.faculty | Faculty of Law | |
| dc.publisher.institution | University of Cape Town | |
| dc.subject | human rights law | |
| dc.title | 'The Protected Disclosures Act 2000: limitation on the defamation law in South Africa' | |
| dc.type | Thesis / Dissertation | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |