Case study on tort of defamation relevant to aat examination paper 6. Pdf the foundation of defamation in tanzania and worldwide. Jun 20, 2012 defamation does not only consist of connected words or sentences but may for instance be carving, painting and gestures. Second, as proven by recent and past defamation cases by president uhuru kenyatta and former subukia legislator turned media owner, koigi wamwere, libel laws. Government of the republic of zambia newspaper means any paper containing public news or observations thereon, or. Recent cases reflect the judiciarys increased concern and role in the context of tanzania s political development. Defining defamation article 19 defending freedom of. This paper presentation is about the potential understanding of the development of defamation, cyber defamation respectively. Defamation law in kenya and posts made on social media. For the purpose of this paper the term act shall mean, the media service act, no.
Appeal from the ruling and decree of the high court of tanzania. Jurisdiction african court on human and peoples rights. There are, however, some pitfalls that come with being able to communicate instantly with the social media world. Difficulties in establishing liability in online defamation. Witchcraft accusations continue in part because individuals in. Fundamentals of business law alfred chan, solicitor there has been an increase in the number of defamation cases which have gone to court. Recent developments in defamation law an overview of the. Thus a persons worth depends upon his class or status. Counsel are commended for responding so positively to my invitation that they.
This approach comes under fire from the author of an article entitled defamation in tanzania and its reflection on socialism vol. Slander is a spoken defamation while libel is written or printed defamation. Top 10 defamation cases of 2017, a selection suneet sharma. Defamation has two limbs and it occurs either in writing what lawyers call libel or orally what lawyers call slander. Witchcraft accusations continue in part because individuals in poor communities. Witchcraft accusations and human rights atively address witchcraft cases when appeals to the law proved inadequate. Case study on tort of defamation relevant to aat examination. Trends in the tort of defamation in tanzania 6 journal of. Various fashion bloggers, news bloggers such as the famous michuzi blogsite etc. Mar 12, 2018 this paper provides a number of definitions of defamation as defined by many authors and it further provides for the position cyber defamation as described by the act. In other words, there is no requirement in these cases for damage or injury to be established, as proof of the fact that one of these statements has been made is sufficient.
In tanzania defamation is governed by the newspaper act of 1976, sections 38 to 47. Defamation in the digital age has morphed into litigation between private individuals editions. I the applicant also sued for defamation and malicious prosecution which were. In the context of social media, libel is a publication of false and malicious statements on a blog or micro blogging sites like twitter, face book, my space, and linkedin by. The supreme court of appeal of south africa judgment not. Cases in which publication is conditionally privileged. Accidents and miscellaneous action african law alleged amended amount arising assault athumani auditors awarded battery breach of duty bukoba caused chapter circumstances civil appeal claim damages common law contract course of employment court of appeal courts in tanzania criminal deceased defamation defamatory defendant defendants detinue. Section 6 of the libel act 1843 allowed the proven truth of the allegation to be used as a valid defence in criminal libel cases, but only if the defendant also. It all begins with unlawful publication, cyber defamation. Since tanzania had not formed such a tribunal under the said law, and the appellant having been aggrieved by the decision of the commissioner, which was made under section 229 of the act, the remedy that was available to him was to appeal to the high court of tanzania under section 252 6 of the act. According to learned counsel, the word defamation is a common law term which has the following elements. It was enacted to establish the tanzania revenue authority as a central body for the assessment and collection of specified revenue, to administer and enforce the laws relating to such revenue and to provide for related matters. Le roux and others v dey south african constitutional court 2011 zacc 4 with the new libel reform proposals doing the consultation rounds it is enlightening to see how other jurisdictions strike the balance privacy and dignity on the one hand, and freedom of expression on the other a recent case before the south african constitutional court raised two interesting issues.
In the high court of tanzania, at tabora, the appellant. Bukoba caused chapter circumstances civil appeal claim damages common law contract course of employment court of appeal courts in tanzania criminal deceased defamation defamatory defendant defendants detinue doctrine of vicarious dodoma driver employer entitled establish fact false. Legal elements of libel and slander defamation law alllaw. Sections 3747 are concerned with defamation and the. The court of appeal of tanzania in the case of ms tanzania china friendship textile co. It all begins with unlawful publication, cyber defamation in tanzania. Awardable damages must be kept at reasonable levels lest \. English law of defamation in the east african countries uganda, kenya, tanzania and to assess the possible contribution of the kenya defamation act, 1970. Minipresentations group 1 torts tort is conduct that harms other people or their property. Defamation law in kenya and posts made on social media and online applications.
Recent developments in defamation law an overview of the defamation act 2009 paper by neville cox bl 9th april 2011 introduction the purpose of this paper is not to go into any great detail in respect of the various aspects of the defamation act 2009, but rather to give a very broad overview of what the act does. Our lady of the usamhara sisters, 2006 tlr 70 while. The next question is whetherthere was a pending suit inthe district court that would have warranted the high court on revision to rule that in terms of section 79 2 of the cpc revision could not be entertained. In such cases it is the duty of the court to construe the different articles in the constitution in such a way as to harmonise them and try to give effect. The foundation of defamation in tanzania and worldwide perspective. In the two scenarios cases that follow, both of which are taken from recent court. These rules shall apply to all proceedings under part v of the act for the purpose of facilitating timely and expeditious determination of cases. If the defendant can show that the allegedly the words slander and libel are frequently confused and used incorrectly. It is a private wrong against a person for which the injured person may recover damages, i.
Recognising the importance of selfregulatory mechanisms established by the media that are effective and accessible in providing remedies to vindicate reputations, and that do not unduly. Defamation is an assault to a persons good name which causes an injury to. Law and practice it is the book which entails on how development of science and technology have twisted the concept of. Simply because someone defames another person does not mean that a lawsuit will be successful. Our lady of the usamhara sisters, 2006 tlr 70 while dealing with the pecuniary jurisdiction of the courts and interpreting the provisions of section of the said code, held inter alia that. These rules may be cited as the media services defamation proceedings rules, 2019. Under the current laws of most sadc countries, charges of criminal defamation or insult against journalists have been used in a number of cases brought by public officialsfigures. Publication to the plaintiff alone is not enough because defamation is an injury to ones reputation and reputation is what other people think of a man and not his own opinion of himself. And in the tanzanian context it was defined in the case of hamis v. The essential harm alleged in a defamation claim is often defined as something along the lines of damage to the plaintiffs reputation in the community.
However, i am of the considered opinion that damages in defamation cases are not designed to enrich the plaintiffs. This pattern is worrying because the main purpose of defamation laws the protection of. Defamation law in kenya and posts made on social media and. Jan 26, 2018 top 10 defamation cases of 2017, a selection suneet sharma 26 01 2018 inforrm reported on a large number of defamation cases from around the world in 2017. This article takes a decidedly functionalist view of the role of witchcraft within contemporary african societies. Pdf it all begins with unlawful publication, cyber defamation in. It would appear they did not comply because the form referred to in the award was the one filed on 2222008. Pretoria, for an alleged defamation and claimed damages in the sum of r500 000. This paper provides a number of definitions of defamation as defined by many authors and it further provides for the position cyber defamation as described by the act. In one of the most famous cases, new york publisher john peter zenger was imprisoned for 8. Defamation in the digital age has morphed into litigation. Appeal stated in its decision in a case between former kilome mp, john. An action for defamation is essentially an action to compensate a person for the harm done to his reputation. The author refers to eyakuzes case where it is suggested that damages should not vary in accordance with class.
The court of appeal of tanzania in the case of ms tanzaniachina friendship textile co. Definition of a company a company is a corporation an artificial person created by law. It all begins with unlawful publication, cyber defamation in. A company thus has legal rights and obligations in the same way that a natural person. If the defamer can successfully claim one of these defenses, heshe might be able to win the case despite the defamation. Defamation does not only consist of connected words or sentences but may for instance be carving, painting and gestures. Further laws dealing with libel, defamation, and antiterrorism that have been cited in past msi studies have also remained in place as roadblocks to freedom of the press. The licensing process for broadcast media, under the control of the tanzania communication regulatory authority tcra. The paper will further assess the development of defamation origin, meaning, types of defamation, elements and. Recent cases reflect the judiciarys increased concern and role in the context of tanzanias political development. It is not surprising therefore that the bulk of defamation cases has been decided on the basis of english law. Cases in which publication is absolutely privileged. Freedom of expression, media law and defamation 7 the importance attached to freedom of expression is not a new idea.
Sections 3747 are concerned with defamation and the punishment for libel. Pdf on jan 1, 2018, asherry magalla and others published the role of the media service act, no. Defamation in east africa journal of african law cambridge core. Defining defamation 3 forum for public debate on matters of public concern, and in acting as a public watchdog to help promote government accountability. Trends in the tort of defamation in tanzania heinonline.