The law of defamation - a comparison between the South African, the Canadian and the German legal systems

Wegmeyer, Sandra Yuki

The law of defamation - a comparison between the South African, the Canadian and the German legal systems

Master Thesis

2000

Abstract

"The law of defamation aims at the protection of a person's reputation." This definition was found in the Canadian, the South African as well as in the German law. However, the question that arises is whether the law of defamation only protects the reputation and the good name of a person. Defamation can affect an individual's personality with all its aspects such as reputation, dignity or privacy. One can think of a broad range of possible violations. Due to the broad concept of the law of defamation, this article can only focus on the civil law of defamation and will analyse some specific legal problems that arise in all of the aforementioned legal systems. Therefore, the thesis begins with an analysis of the ambit of the law of defamation in the three different legal systems and examines the similarities and the differences. The second chapter deals with the problem of the title to sue in a defamation action. Not only living persons can be the target of defamatory words and conduct but also deceased person as well as legal entities. What parties have a right to sue for compensation in the aforementioned legal systems will be analysed. The third chapter illustrates under which circumstances a person will be held liable in a defamation action. Here, some major differences between the three legal systems are presented. In the fourth chapter the criteria of defamatory words and conduct, which are required in the Canadian, the South African and the German law, are examined and it is demonstrated how the different legal systems deal with the difficult problem of defining a defamatory action. After examining the different criteria for a successful action of defamation, the article goes on to compare the different defences that a defendant can raise under the three different legal systems. Eventually, the issue of compensation in an action for defamation arises. Therefore, the last chapter analyses what kind of damages the plaintiff can claim in an action for defamation and makes clear that major differences exist between the three legal systems.

Keywords

Law

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