SCHOOL OF COMMUNICATION

DIPLOMA IN COMMUNICATION

ETHICAL COMMUNICATION AND CITIZENSHIP

NOVEMBER 2016

Online Forum 3 (5 Marks)

Date : 6 February 2017

Instructions:

a. Please ensure that you post your answer within the

stipulated time.
b. Deadline : 5.00 pm, 8 February 2017
c. Marks will be deducted for late postings.

Question

Explain the meaning of Libel and list down the five key elements
for bringing a libel suit.

Answer
Libel is a written act of defamation, which uses print or pictures making it public of a false
statement about a person that causes him or her damage to their reputation. Usually the majority
of defendants in defamation, libel actions are mostly on publisher and newspapers. And to a
lesser extent it will also affect television broadcasters.

The statement must be published to a third party, who cannot also be the person who is being
defamed. Publishing in this context does not mean that it must be printed, but purely that the
statement has to be made available to someone other than the person about whom the statement
was made. If the nature of the statement is of public concern the person who has published it
must be least liable in negligence. Public figure who is seeks to prove that they have been
defamed must also have.

For example, if you were to write and publish an article accusing someone without a criminal
record or any other proof of being a "disgusting pedophile" this statement would be very
libelous. The person's reputation would be damaged and you would be open for a libel suit. If,
however, you reported that you observed someone with a past criminal record of inappropriate
behavior towards children, in a public place engaging children with candy and games and
wondered if this was legal, then this would be a much safer statement. In a libel case, the hardest
part is trying to interpret the intent of the defendant. If someone's intent was clearly malicious,
then a libel case has a good chance of succeeding.

In the context of libel or slander per se means defamation that is intrinsically damaging. In
other words, there is no requirement in these cases for damage or injury to be established, as
proof of the fact that one of these statements has been made is sufficient. Broadly there are four
categories to defamation per se; accusing someone of a crime, imputing serious sexual
misconduct casting adverse comment on someones ability to conduct business or trade; or that
someone has a disease, for example a sexually transmitted disease or mental illness. It can be
very hurtful to be the victim of libelous or slanderous statements and you will undoubtedly be
very angry. In conclusion, before you commence an action there are certain aspects that you
should consider first