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DEFAMATION

Defamation according to Somali penal code  Art (Defamation). –  Whoever other than in the cases referred to in the preceding article, by communicating with more than one person, injures the reputation of another, shall be punished, on the complaint of the party injured [81 P.C.], with imprisonment [96 P.C.] up to one year or with fine [97 P.C.] up to Sh. So. 2,000.  The punishment shall be increased up to double where any of the circumstances referred to in letters b), c) or d) of paragraph 2 of the preceding articles is present.  Where the act is committed by means of the press or by any other means of publicity, the punishment shall be imprisonment [97 P.C.] from six months to three years or fine [97 P.C.] not less than Sh. So. 4,000.

objectives  Introduction  Definition of defamation  Types of defamation  Distinction between libel and slander  Essentials of defamation  Defamation of class of persons  Defamation of deceased person  Defenses  Publication of parliamentary judicial or other public proceedings  How to sue for defamation

introduction  The right of reputation is acknowledged as an inherent personal right of every person. A man’s reputation his property and perhaps more valuable than any other property.  The essence of defamation is ‘publication’ which excites others against the plaintiff to form adverse opinion or exposes him to hatred contempt or ridicule, or to injure him in his trade, business, profession, or cause him to shunned or avoided in society.

definition  According to black’s law dictionary defamation is act of harming reputation of another by making false statement to third person.  According to salmond the wrong of defamation consist in the publication of a false and defamatory statement respecting another person without lawful justification or excuse.  Some judges defined ‘a publication without justification or lawful excuse’.

Types of defamation There are two types of defamation: Libel Slander Distinction between libel and slander: The defamation of person by in written or some in permanent form or it may be by spoken or gesture the former is called “libel” and the letter is called slander

Cont  also libel is not only a civil wrong, but also a crime  Slander is always a civil wrong except where spoken words my be punishable as being treasonable, seditious, blasphemous or like.

Essentials of defamation  The statement must be false and defamatory  It must be published  It must be refer to the plaintiff

Defamation of class of persons Where, whoever, statement is made about a class or a group of people sufficiently large to leave the reputation of each unsullied, one of them can not came forward and single himself out as the victim. Thus, if a man wrote that ‘ all doctors were cheats, no particular doctor could sue him unless there something point to the particular individual Defamation of deceased person: It is not a tort to defame a dead person

defences  Justification  Fair comment  Privilege: a right or benefit that is given to some people and not others  Unintentional defamation Essentials of fire comments:  It must a comment and not statement of fact  The comment must be fair  The matter commented must public inertest  Comment: means an expression of opinion based on certain facts, the fact must be true.

privilege  The last defence to an action for defamation is that privilege. The law recognizes that, in addition to the defence of fair comment there are occasions on which freedom of communication without fear of an action for defamation is more important than the protection of an individual’s reputation such occasions are said to be privilege may be either :  Absolute privilege  Qualified privilege

Absolute privilege  Absolute privilege : covers cases n which complete freedom of communication is regarded as of such paramount importance that action for defamations can be entertained to all: a person defamed on occasion of absolute privilege has no legal retrains however outrageous the an true which has been made about him and however malicious the motive of the maker. Absolute privilege includes the following cases:  Parliamentary proceedings  Judicial proceeding  Communication by public officers  Military and naval proceeding  Communication between solicitor and client

Qualified privilege  Qualified privilege: protects the maker of an untrue defamatory statement provided the maker of statement acted honestly and without malice. If the plaintiff can prove malice the defendant will not be protected by qualified privilege.  The defence of qualified privilege can be available to the defendant if he is able to prove the following two points: that the statement was made in the discharge of duty ‘social, legal, or moral’ or in protection of common interest; or it is a report of parliamentary judicial of any other public proceeding; and the statement was made without malice

Publication of parliamentary judicial or other public proceedings  parliamentary proceeding: if the reports of parliamentary proceeding are publishing by or under authority of either of house of legislature (parliament or state legislature), they are absolute privileged.  Judicial or other public proceeding: the publication of judicial and proceedings of public meeting also enjoy qualified privilege thus, the application of court proceedings or report of a commission which is set up to enquire into a matter of public interest enjoy qualified privilege proved they substantially true, with out malice an of public interest.

How to sue for defamation  Analyze the statement  Prove that the statement was published, eng: television, radio, or social media such face book, twitter and others.  Prove that the statement was false  Prove that the statement caused injury  Prove ‘special damages’

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