1. Defamation

2. … The right to reputation and good name.
The law of defamation attempts to create a viable balance between two important rights-
a persons right to an unimpaired reputation and
another's right to freedom of expression.
Rights of personality may not be entrenched in the constitution by name
Right to personality Included in the right to human dignity
Article 8 (2b) of the Namibian Constitution states that ‘No persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment. Article 8(2a) guarantees respect for human dignity

3. Defamation Defined 
It is the intentional infringement of another person’s right to his good name….it is the wrongful, intentional publications of words or behavior concerning another person which has the effect of injuring his status, good name or reputation (Neethling cited by Burns 2001)
Multiplying harm to one’s reputation through widespread dissemination via publication.
Defamation perpetrated by an individual: the unlawful, intentional publication of defamatory matter referring to the plaintiff which causes his or her reputation to be impaired
Defamation perpetrated by the media: the unlawful or unreasonable, negligent publication of defamatory matter referring to the plaintiff which causes his or her reputation to be impaired.

4. Elements of Defamation
1. Publication
The communication of a defamatory statement-words or actions- to a third person or persons.
Publication is an essential element of defamation
Publication requirement, in defamation, where statements or actions in questions have been communicated to at least one person other than the defamed person (proof of libelous information)
It is not publication if the other person is aware of the defamatory words or actions
Communication taking place between spouses does not contribute publication
Words have more than one meaning- one meaning is that which the right thinking reasonable reader or listener would generally accord.  

5. … Falsity - false information, inaccuracies
Plaintiff must prove information is false and media must prove information is true
3. Identification – link the defamatory information to an individual or organization
No reputation harmed if no one understands who it is being referred to
Identity- plaintiff name mentioned;
enough information provided about the person in the story so much that there is little doubt the individuals identity

6. Defamatory conduct Defamations consists of written or spoken word
Libel is written defamation – information that tends to subject a person to public hatred, ridicule or tends to demean individuals
Slander in oral defamation- spoken words that tend to subject a person to ridicule, public hatred or tends to demean individuals

7. … Examples of defamatory conduct Suggestions of :
a person being a criminal or committed a crime
immorality
someone is suffering form an unacceptable social disease
unfit to practice his profession

8. Unlawfulness in defamation
the impairment of reputation
infringement of a legally protected right, the right to a good name
measure unlawfulness using:
reasonableness,
the legal convictions

9. Defenses
In terms of unlawfulness and there is proof that the publication is defamatory, the defendant is given an opportunity to rebut the presumption of unlawfulness
Grounds of justification
Privilege –absolute privilege (privileged circumstances that protect the defendant irrespective if his motive in making the statement) and
Qualified privilege (justify the lawfulness of a defamatory statement- prove that communication was relevant to the matter under discussion.
Condition is that reporting must be fair and honest

10. … Three occasions of qualified privilege
Statements published in the discharge of duty, the exercise of a right or furtherance of a legitimate interest
Statements made during the course of, or in connection with , judicial proceedings
Reports of legal proceeding, parliamentary debates

11. …
Fair comment- provide fair comment on facts which are true and in the public interest.
Distinguish between facts and opinion;
fair—reasonableness.
Correctly stated facts and
comment must refer to matters of public interest
Truth and public interest – not required to prove literal truth but the crux of the issue or the gist of the defamatory statement
Fraud (prove the fraud fact) and
dishonest (provide facts and evidence to proved dishonesty)
If publication is in the public interest, defendant escapes liability
Consent- consenting to infringement of reputation or good name

12. References
Burns, Y. (2001). Communications and Law. Durban: Butterworths
Moore, R. L. et al. (2008). Media law and ethics (3rd Ed.). New York, London: Routledge
Von Wietersheim, E. (Eds). (2015). The Constitution of the Republic of Namibia. Windhoek: Konrad-Adenauer- Foundation & Namibia Scientific Society