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Thaba v Haffajee and Another (49831/11) [2016] ZAGPPHC 3 (5 January 2016)
A defamation claim failed where special damages were not causally linked to publication and the newspaper proved the article was reasonably published.
National Media Ltd. and Others v Bogoshi (579/96) [1998] ZASCA 94; 1998 (4) SA 1196 (SCA); [1998] 4 All SA 347 (A) (29 September 1998)
The Supreme Court of Appeal held that the principle of strict liability for media defendants in defamation actions, as established in Pakendorf, is wrong and must be overruled. The court found that liability should be based on negligence, not strict liability, and that the publication of false defamatory statements by the press may be lawful if, upon consideration of all the circumstances, it was reasonable to publish the material. The court emphasized the need to balance the right to reputation and dignity with the constitutional right to freedom of expression, recognizing the vital role of…
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