CAPE Law Unit 2 – Quick Notes

Defamation
Libel – defamation in print, or over radio or television. It is actionable per se. (there is no need to
prove actionable damage)
Slander – defaming someone in a transient form through words or gestures. These words are not
actionable per se. However there is no need to prove damage if there was an imputation of:
a. Treason or crime punishable by death.

b. Certain diseases.

c. Imputation of unpatriotic behaviour.

d. Professional impropriety. (Gordon v Panday; where Panday referred to Gordon, the

proprietor of a newspaper company, as a pseudo rapist)

e. Adultery or being unchaste. (Ramkhelawan v Motilal; plaintiff was called a whore)

To be actionable per se: there must a direct assertion of guilt and not just a mere allegation of
suspicion.
Allen v Miller: the defendant uttered words of a disgusting nature which alleged that the plaintiff
was suffering from a venereal disease. The magistrate held that the words were defamatory but
he was not satisfied that the words conveyed the imputation that the plaintiff was suffering from
the disease so as to make the words actionable per se.
Murry v Williams
Locus Classicus: Sim v Stretch: Lord Atkin stated a defamatory statement is one that tends to
“lower a person in the estimation of right thinking members of society, generally”
Griffith v Dawson: Exception: an imputation of crime. The defendant spoke to the plaintiff in the
presence of witnesses and said “You Griffith are a ** criminal, you are sabotaging my life, stop
me from getting work and blackball me all around. You are a *** criminal” The judge held that
no reasonable person would believe the plaintiff were a criminal after hearing such utterances.
NB. Words said in heat or anger will not be treated as slander.
The mere loss of friends or associates is insufficient.
Sunanansingh v Ramkersingh – case where the plaintiff was banished from a society by
members of his cast after the defendant made suggestions that he cohabitated with his sister in
law. Case was unsuccessful due to there being no major damage. The mere loss of friends isn’t
enough.

Byrne v Deane – a plaintiff stated he was defamed when another member of the golf club put up
a notice stating that he made a report to the police about illegal gaming machines in the club.