Defamation can occur in two forms
For a statement to be considered defamatory, it must be false, as truth is a defense against defamation. Additionally, the false statement must be communicated to at least one other person, causing harm to the subject's reputation.
Slander
This refers to defamatory statements that are made in a temporary form, usually spoken words or gestures.
Libel
This refers to defamatory statements that are made in a permanent form, such as written words, pictures, or online/social media content.
When Does Defamation Happen?
Defamation occurs when the following conditions are met
A False Statement
The statement must be false. If the statement is true, it cannot be considered defamatory, no matter how damaging it may be.
Fault or Malice
In many legal systems, the person making the defamatory statement must be at fault. This fault can be eitherthrough negligence (failing to verify the truth of the statement) or malice (intentionally making false statements to harm the person).
Harm to Reputation
The statement must cause harm to the person's reputation, affecting their personal life, career, or relationships. This harm may be seen in the form of damaged relationships, loss of employment opportunities, public humiliation, or mental distress.
Publication or Communication
The statement must be shared or communicated to at least one person otherthan the person it is about. This can include spoken words (slander), written words, images, social media posts, or other means of communication (libel).
The Statement Must Refer to the Person
The defamatory statement must be about the person who claims to have been harmed. The statement doesn't have to use the person's name explicitly but must be clear enough that the person can be identified, either directly or indirectly.
Where Does Defamation Happen?
Defamation can happen in a variety of circumstances, including:
Public Statements
When a person makes a false statement in a public forum, whetheron TV, the internet, social media, or during a speech, it can defame someone.
In the Workplace
False accusations about someone’s professional competence or character in the workplace can damage their career and reputation.
Through Media or News
False information ormisrepresentations in newspapers, magazines, or online publications can be considered libel and damage someone's public image.
Personal Interactions
A conversation or interaction with someonethatinvolvesfalse,harmful statements can also be slander if it harms the person’s reputation.
On Social Media
False statements on social media platforms like Facebook, Twitter, or Instagram can spread rapidly and harm someone's reputation, potentially reaching a large audience.
Legal Action for Defamation
If someone believes they’ve been defamed, they may have the right to take legal action, which could result in:
Compensation for Harm: The person may be awarded damages for the harm to their reputation, emotional distress, and any financial losses suffered.
Apology or Retraction: In some cases, the defaming party may be required to publicly apologize or retract the false statement.
Defamation laws vary from jurisdiction to jurisdiction, and the specifics of what constitutes defamation may differ depending on the location. Legal action often requires proving the statement is false, it caused harm, and that the person acted with negligence or malice.
Need Support?
If you or your organisation has been the subject of defamation, targeted misinformation, or online harassment, please do get in touch with us in the strictest confidence. We are here to support those who defend the truth, uphold fairness, and stand for the future of Namibia’s conservation legacy.
