Defamation is defined as the intentional publication of words or behavior concerning another which has the tendency to harm their good name or reputation.
Defamation via internet must still meet standard the elements of delict.
There can only be defamation where a THIRD person comes to know of the words/actions.
A plaintiff must prove publication (that is a third person has become aware of the act and content)
Publication can occur in various forms (speech, print, suggestion (innuendo). it includes posting a defamatory message on a bulletin board, in a forum, file transfer, video conferencing and email
Publication can also be presumed - where it can be expected that people will read or hear the words, eg, a bulletin board or forum. (In other words, whilst there is no direct evidence that the words came to the attention of others, it is most probable that it will.)
With regards to email, it is considered to be published once the THIRD party opens, unzips or reads the email.
This presumption can be rebutted if the file is encrypted or does not reach the recipient.
Once publication has occurred, then the delictual element is alive, and a cause of action arises. That cause therefore arrives WHERE publication took place.
A new cause of action arises for every publication (hence internet based defamation claims are potentially hazardous)
To return to the question posted - the Plaintiff can institute in Gauteng given that the publication occurred there.
Of course, because that particular publication, did not come to the attention of a third party it does not complete the required steps of a delictual claim.
Reply With Quote
Did you like this article? Share it with your favourite social network.