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Delict [2010] ZAWCHC 104

Albertus v Son Publishers and Others (156000/2007)

Albertus v Son Publishers and Others (156000/2007) [2010] ZAWCHC 104 (2 June 2010)

The court found that the article published by the defendants was false and seriously defamatory of the plaintiff, a respected attorney. The defendants acted with malice, having knowledge that the underlying case was civil and not criminal, and failed to provide the plaintiff an opportunity to comment prior to publication. The subsequent apology was published years later and lacked prominence, carrying little weight in mitigation. Although the plaintiff delayed in issuing summons and did not send a letter of demand, these factors only slightly mitigated the damages. The court determined that a…

  • Defamation
  • Quantum Of Damages
  • Mitigation Of Damages
  • Media Ethics
  • Apology And Retraction
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