Defenses in Defamation

Defenses that are available where one is accused of and held guilty of causing injury to
someone's reputation includes; Justification, fair comment, public interest, privilege and
immunity.

1. Fair comment

Fair comment as a defense protect freedom of expression nin social and political areas of public
interest.1 The defense only succeeds when

1. The statement considered is seen as an expression of opinion

2. The comment MUST be based on facts and the stated facts must be true
3. The comment must be objective
4. The subject matter of the comment MUST be one of public interest

In the case of CFC Stanbic Bank LTD v COFEK, the defendant relied on the defense of fair
comment when the plaintiff sued for a post posted on its website, Facebook page and twitter
account. Defendant reasoned that the publication was a republication of a letter from a
member of the public and therefore, it was in public interest and fair comment

Court found that the Article was defamatory on the basis that COFEK did not prove that its
publication was part of fair comment

2. Truth

True statements can never be defamatory. Information will be considered untrue untill the
defendant proves otherwise

3. Absolute privilege

This defense exist to fullfil the obligation of a person to say all that they wish to, without fears
of being sued for defamation. The defense is available when statements are made in Parliament
and in courts or whetw a report of such proceedings are made

1
London Artists (1969) 2WLR 409
4. Qualified privilege

This defense is applicable where statements are made on a privileged occasion and minus any
malicious intent. For example when one gives statements to the police

When considering this defense, courts look out for two requirements;

X haf a duty in communicating the information to Y

Y has a corresponding interest in receiving the information in question

5. Consent

If the defendant can prove that the plaintiff gave his/her consent in respect of the statement
made, it is an absolute defense

Remedies in Defamation

1. Damages

Damages are awarded for loss of reputation, injury to feelings and anxiety suffered during
litigation

2. Injunction relief

Courts are always reluctant to grant this remedy before trial as it would amount to restrictions
of speech without the benefit of the full consideration by the court. Claimsmay also be dealt
with summarily under section 16 to 18 of the Defamation Act

Conclusion

Sanctions on defamatory statements must be necessary to prevent people from going

overboard. This ensures that in as much as people enjoy freedom of expression and speech
they do not infringe on others by making defamatory statements. The law comes in to play to
create a balance between the two conflicting issues.