Wells v Atoll Media (Pty) Ltd and Another (11961/2006) [2009] ZAWCHC 173; [2010] 4 All SA 548 (WCC) (9 November 2009)

Wells v Atoll Media (Pty) Ltd and Another (11961/2006) [2009] ZAWCHC 173; [2010] 4 All SA 548 (WCC) (9 November 2009)

The court found that the publication of T's photograph in Zigzag magazine, accompanied by the words 'pure filth' and other suggestive captions, was wrongful and defamatory. T was identifiable by members of her community and peers, and the words used bore a negative and sexualised connotation in their ordinary...

Source-derived case information.

Citation
[2009] ZAWCHC 173
Parties
Plaintiff: Angela Wells; Defendant: Atoll Media (Pty) Limited; Defendant: Will Bendix
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 November 2009
Case Number
11961/2006
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff succeeded; defendants found jointly and severally liable for defamation and ordered to pay damages and costs.
Judges
Davis
Legal Topics
Defamation, Invasion of Privacy, Negligence, Child Rights, Reasonable Publication, Quantum of Damages
Delict Civil Procedure Family and Children Defamation Invasion of Privacy Negligence Child Rights Reasonable Publication +1 more

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Summary, issues, holding and outcome

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Parties

Angela Wells

Plaintiff

Atoll Media (Pty) Limited

Defendant

Will Bendix

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the publication of the photograph and accompanying words in Zigzag magazine was defamatory of T.
  2. 2 Whether T was identifiable by reasonable readers from the published photograph.
  3. 3 Whether the words 'pure filth' and related captions bear a defamatory meaning in context.

Ratio Decidendi

The court found that the publication of T's photograph in Zigzag magazine, accompanied by the words 'pure filth' and other suggestive captions, was wrongful and defamatory. T was identifiable by members of her community and peers, and the words used bore a negative and sexualised connotation in their ordinary meaning, not a positive surfing jargon as claimed by defendants. The defendants failed to obtain consent and did not act as reasonable publishers, particularly given T's age and the provocative nature of the photograph. The court applied the test of negligence for media defamation, finding that the publication was not reasonable in the circumstances and that the defendants were...

Court Disposition

Plaintiff succeeded; defendants found jointly and severally liable for defamation and ordered to pay damages and costs.

Orders

  • The picture of T together with the words contained in the Zigzag magazine of April 2006 are declared wrongful and defamatory of T, causing damage to her good name and reputation.
  • Defendants, jointly and severally, the one paying the other to be absolved, are ordered to pay the amount of R10,000.00, together with costs.