Electronic Media Network Limited and Another v Gold Reef City Theme Park and Another (07/28863) [2008] ZAGPHC 209 (26 June 2008)

Electronic Media Network Limited and Another v Gold Reef City Theme Park and Another (07/28863) [2008] ZAGPHC 209 (26 June 2008)

The court held that the statements made in the Carte Blanche programme were reasonably capable of defamatory meaning against the plaintiff. The statements suggested that the rides operated by the plaintiff were unsafe and that the plaintiff was responsible for this state of affairs. Such imputations are defamatory as they tend to lower the plaintiff’s reputation in the eyes of right-thinking members of society and potential customers. The court distinguished between mere disparagement and actionable defamation, finding that the statements went beyond disparagement and were calculated to injure the plaintiff’s business reputation. The court rejected the defendants’ argument that the...

Citation
[2008] ZAGPHC 209
Parties
Plaintiff: Gold Reef City Theme Park (Pty) Ltd; Defendant: Electronic Media Network Limited; Defendant: Combined Artistic Productions (Pty) Ltd t/a Carte Blanche
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
26 June 2008
Case Number
07/28863
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
M Jajbhay
Legal Topics
Defamation, Business Reputation, Actio Iniuriarum, Actio Legis Aquilia, Corporate Personality Rights
Delict Defamation Business Reputation Actio Iniuriarum Actio Legis Aquilia Corporate Personality Rights

Case Brief

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Parties

Gold Reef City Theme Park (Pty) Ltd

Plaintiff

Electronic Media Network Limited

Defendant

Combined Artistic Productions (Pty) Ltd t/a Carte Blanche

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the statements broadcast by the defendants are reasonably capable of defamatory meaning against the plaintiff.
  2. 2 Whether the plaintiff, as a juristic person, can claim defamation for injury to its business reputation.
  3. 3 Whether the statements amount to mere disparagement or actionable defamation.

Ratio Decidendi

The court held that the statements made in the Carte Blanche programme were reasonably capable of defamatory meaning against the plaintiff. The statements suggested that the rides operated by the plaintiff were unsafe and that the plaintiff was responsible for this state of affairs. Such imputations are defamatory as they tend to lower the plaintiff’s reputation in the eyes of right-thinking members of society and potential customers. The court distinguished between mere disparagement and actionable defamation, finding that the statements went beyond disparagement and were calculated to injure the plaintiff’s business reputation. The court rejected the defendants’ argument that the...

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed.
  • The defendants are ordered to pay the costs of the exception.