defamation

Question 1

2 types of defamation in its definition

elements (3)

Answer 1

defamation: libel (actionable per say)+ slander (not actionable per say but 4 exceptions) proof would include loss of business or any other opportunity.
- The statement must be defamatory: Father Samuel weru v Samuel Mburu (3 tier test)

Innuendo defamation (indirect): Cassy v daily mirror case (caption implied the plaintiff even though it did not mention them)

• Refer to plaintiff: hulton v jones (fictional character that resembled the plaintiff; any reasonable person)
• published to 3rd party: theaker v Richardson (letter addressed to wife but opened by the husband; the test is reasonable anticipation)

Question 2

defences (3)

Answer 2

justification (truth) : s.14

fair comment(fact) :s.15

privilege: absolute (s.6 unless blasphemous) & qualified (s.7 unless its with malice)

Question 3

remedies (3)

Answer 3

1. damages: Evans Gicheru Case ( compensatory or special/general damages). The court in the given case issued general damages where the court was of the opinion they can consider whatever circumstances. therefore, it is under the court’s discretion. Factors considered in the given case were 4!
2. injunction (T/P)
3. apology ( can be given alongside the other aforementioned remedies)