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DEFAMATION ACT 2005 - As at 1 July 2021 - Act 55 of 2005

- As at 1 July 2021 - Act 55 of 2005

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Objects of Act
  • 4 Interpretation
  • 5 Act binds all persons

PART 2 - GENERAL PRINCIPLES

Division 1 - Defamation and the general law

  • 6 Tort of defamation
  • 7 Distinction between slander and libel remains abolished

Division 2 - Causes of action for defamation

  • 8 Single cause of action for multiple defamatory imputations in same matter
  • 9 Certain corporations do not have cause of action for defamation
  • 10 No cause of action for defamation of, or against, deceased persons
  • 10A Serious harm element of cause of action for defamation

Division 3 - Choice of law

  • 11 Choice of law for defamation proceedings

PART 3 - RESOLUTION OF CIVIL DISPUTES WITHOUT LITIGATION

Division 1 - Concerns notices and offers to make amends

  • 12 Application of division
  • 12A Concerns notices
  • 12B Defamation proceedings can not be commenced without concerns notice
  • 13 Publisher may make offer to make amends
  • 14 When offer to make amends may be made
  • 15 Content of offer to make amends
  • 16 Withdrawal of offer to make amends
  • 17 Effect of acceptance of offer to make amends
  • 18 Effect of failure to accept reasonable offer to make amends
  • 19 Inadmissibility of evidence of certain statements and admissions

Division 2 - Apologies

  • 20 Effect of apology on liability for defamation

PART 4 - LITIGATION OF CIVIL DISPUTES

Division 1 - General

  • 21 Election for defamation proceedings to be tried by jury
  • 22 Roles of judicial officers and juries in defamation proceedings
  • 23 Leave required for multiple proceedings in relation to publication of same defamatory matter

Division 2 - Defences

  • 24 Scope of defences under general law and other law not limited
  • 25 Defence of justification
  • 26 Defence of contextual truth
  • 27 Defence of absolute privilege
  • 28 Defence for publication of public documents
  • 29 Defences of fair report of proceedings of public concern
  • 29A Defence of publication of matter concerning issue of public interest
  • 30 Defence of qualified privilege for provision of certain information
  • 30A Defence of scientific or academic peer review
  • 31 Defences of honest opinion
  • 32 Defence of innocent dissemination
  • 33. (Repealed)

Division 3 - Remedies

  • 34 Damages to bear rational relationship to harm
  • 35 Damages for non-economic loss limited
  • 36 State of mind of defendant generally not relevant to awarding damages
  • 37 Exemplary or punitive damages can not be awarded
  • 38 Factors in mitigation of damages
  • 39 Damages for multiple causes of action may be assessed as single sum

Division 4 - Costs

  • 40 Costs in defamation proceedings

PART 5 - MISCELLANEOUS

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